SOHANLAL SHARMA Vs. H C SRIVASTAVA

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the notice dated 22nd June 1989 issued by the Commissioner of Income-tax, Bombay City VII, Bombay under section 263 of Income Tax Act, 1961 for revision of the order of assessment of the Income Tax Officer dated 24th April 1987 for the assessment year 1977-78. The main ground of challenge is that the above order of Income Tax Officer has been merged in the order of the Appellate Assistant Commissioner dated 3rd August 1987 and that being so, the said notice is without jurisdiction. Reliance is placed in support of this contention on the decision of this Court in C.I.T. v. P. Munecherji and Co. (1987) 167 ITR 671.

(2.) DR.V. Balasubramanian, learned counsel for the revenue, fairly conceded before us that in the facts and circumstances of this case and in view of the decision of this Court referred to above, the notice of Commissioner under section 263 is not tenable in law. In view of the above, the impugned notice of the Commissioner of Income Tax dated 22nd June 1989 is set aside and quashed.