QASIM BROTHERS M Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioner firm is an income-tax assessee which derives its business income mainly from the sale of papier mache articles. It filed its return of income for the assessment year 1975-76. THE Income-tax Officer, A Ward, Srinagar, respondent No. 2 herein, passed an assessment order under Section 143(3) of the Income-tax Act, 1961 (hereinafter "the Act"), and determined the taxable income of the petitioner-firm as Rs. 1,24,904. Aggrieved, the petitioner filed a revision petition before the Commissioner of Income-tax, Amritsar, respondent No. 1 herein, under Section 264 of the Act. THE Commissioner, after hearing the representative (chartered accountant) of the petitioner firm, rejected the revision petition, vide order impugned through this writ petition.

(2.) THE grievance of the petitioner, as projected by Mr. R.N. Kaul, its learned counsel in this court, is that the petitioner-firm was entitled to certain exemptions as weighted deductions under Section 35B of the Act since the firm was mainly exporting papier mache articles, but the authorities had failed to give it that benefit which has rendered both the orders bad.

(3.) THE impugned order, under the facts and circumstances of the case, does not suffer from any illegality or error apparent on the face of the record. It was passed after giving opportunity to the party to prove its case and a full hearing as envisaged by law. THE revisional court acted strictly in accordance with the provisions of Section 264 of the Act and had also followed the rules of natural justice. THE writ petition, under the circumstances, fails and is dismissed, but without any order as to costs.