S J SANGHVI Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS petition challenges order dated 29. 12. 1995 passed under section 264 of the Income Tax Act, 1961 [the Act] by respondent No. 1 in relation to A. Y. 93-94.

(2.) THE relevant facts which are material for the purposes of appreciating the present controversy read as under, as stated in paragraph No. 2 of the petition:

(3.) THE grievance of the petitioner is that while framing the order under section 264 of the Act, the respondent authority has exceeded his jurisdiction by issuing directions to respondent No. 2 so as to result in a situation where the petitioner is made worse off in a Revision Application moved by the petitioner. It is submitted that even if the petitioner may not be entitled to any relief as prayed for in the Revision Application, the petitioner cannot be saddled with any additional liability in an application moved by the petitioner without granting an opportunity of hearing or a notice in accordance with law.