UNIVERSAL PACKAGING Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) Rule. By consent the rule is made returnable forthwith and the writ petition is heard finally. By this petition under Art. 226 of the Constitution of India, the petitioner challenges the order of the CIT dt. 26th March, 2012 passed in revision under s. 264 of the IT Act, 1961 ('the Act") as being an order in breach of natural justice.

(2.) Briefly, the facts leading to this petition are as under:

(3.) Mr. Jitendra Jain, counsel for the petitioners submits that the order dt. 26th March, 2012 passed by the CIT is an order in breach of principle of natural justice inasmuch as it does not consider the petitioner's revision application and merely rejects the same on the ground that the petitioner has an option of filing an appeal before the CIT(A). It is his submission that when the petitioner has exercised his right to invoke the jurisdiction of the CIT In revision under s. 264 of the Act, he has necessarily waived his rights to prefer an appeal before the CIT(A).