Chandigarh, November 25
The Punjab and Haryana High Court today reserved orders on a petition filed by Punjab Congress Committee president Navjot Singh Sidhu claiming that his revision petition under the provisions of the I-T Act was dismissed by an Income Tax Joint Commissioner on flimsy and untenable grounds.
Sidhu had claimed the order dated March 27 was illegal, arbitrary and passed in complete disregard of the principles of natural justice. The matter was heard at length by the Bench of Justice Ajay Tewari and Justice Pankaj Jain.
Sidhu submitted he filed I-T return of assessment year 2016-17 on October 19, 2016, declaring a total income of Rs 9,66,28,470. The assessment under Section 143(3) of Income Tax Act was completed by the Assessment Officer on December 21, 2018, at the assessed income of Rs 13,19,66,530 after making addition of Rs 3,53,38,067.
Against the erroneous assessment, the petitioner expressly waived his right to file appeal before Commissioner Income Tax (Appeal). He filed a revision petition under Section 264 of the Act after taking various grounds before income tax joint commissioner, Range 1, Amritsar. Instead of going into the merits of the revision, his entire focus was to seek an explanation on the reasons and circumstances behind Sidhu’s preference for revision under Section 264 of the Act instead of appeal before the Commissioner Income Tax (Appeal).
The petitioner specifically stated it was an alternative available to him and reliance was laid on pronouncements by the High Court. But the respondent in complete disregard to the statutory provisions and legal pronouncements, and in a complete arbitrary manner, dismissed the revision petition vide order dated March 27. — TNS
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