Nishka Srinivas Veluvali –
Published On: December 03, 2021 at 20:40 IST
Punjab and Haryana High Court allowed the Petition filed by Punjab Congress chief Navjot Singh Sidhu setting aside the Order passed by the Principal Commissioner, Income Tax.
The Court sent the case back to the Principal Commissioner, Income tax to decide upon the matter anew on merit.
The Punjab Congress Chief was represented by Counsel Chetan Bansal.
The Counsel claimed that the Revision Petition under the Provisions of the IT Act was quashed on the basis of ‘Flimsy and Untenable’ by the Income Tax Joint Commissioner.
The Order of March 27 was Illegal, Arbitrary and was given with complete disregard to the objectives of Natural Justice. The matter was considered by the Bench of Justice Ajay Tewari and Justice Pankaj Jain.
Sidhu submitted that he had filed an Income Tax returns of the year 2016-17 on October 19, 2016 of total income of Rs. 9,66,28,470. The Assessment Officer carried the Assessment under Section143(3) of the Income Tax Act on December 21, 2018. The Assessment concluded with the total income Rs.13,19,66,530 after the addition of Rs.3,53,38,067.
Sidhu filed a Revision Petition before Income Tax Joint Commissioner, Range 1, Amritsar under the Section 264 of the Income Tax Act.
The Joint Commissioner instead of looking into the Revision Petition, sought an explanation as to why Sidhu filed Petition under Section 264 and not an Appeal before the Commissioner Income Tax (Appeal).
To which the Petitioner claimed that, “It was an alternative I had and reliance was laid on pronouncements by the Punjab and Haryana High Court.”
However, the Respondent in complete disregard to the Statutory Provisions and Legal Pronouncements dismissed the revised Petition with reference to the March 27 Order.