MAHALAKSHMI RICE MILLS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS writ petition coming up for preliminary bearing, after notice to the respondents, is disposed of by the following order by consent of counsel and after hearing finally.

(2.) THE petitioner who is an income-tax assessee made disclosure for the years 1973-74 and 1974-75 under the provisions of the Voluntary Disclosure of Income and Wealth Act, 1976. It came to be rejected on the sole ground that it was filed beyond the time stipulated in the Act.

(3.) THE petitioner aggrieved by the order rejecting his application by the respondent has approached this court under art. 226 of the Constitution, inter alia, contending that the order is vitiated and liable to be set aside mainly on the ground that the Commissioner had failed to exercise the jurisdiction vested in him in accordance with law and also while exercising the jurisdiction under s. 273A of the ACt, the respondent had wrongfully exercised that jurisdiction.