Ratan Industries Ltd. v .PCIT( 2023) 335 CTR 604 / (2024)460 ITR 504 (All)( HC)

S. 264 :Commissioner – Revision of other orders – Commissioner cannot consider application where appeal lies or is pending — Prohibition does not apply where writ petition had been filed. [ S. 143(3), 147, 264(4 )(a), Art. 226 ]

Allowing the petition the Court held that  once the proceedings were initiated for reassessment by the respondent and the competent authority proceeded to complete the assessment on December 31, 2019, no occasion arose as to any matter being pending before the High Court as the only challenge before the writ court was for initiation of proceedings under section 143(3) read with section 147 of the Act. Once the reassessment was made and the proceedings were completed, the writ petition had practically become infructuous. The ground taken by the Principal Commissioner for rejection of the application did not hold any ground as the writ petition is not an appeal according to section 264(4)(a) of the Act. The rejection of the application for revision was not valid.( AY.2012-13)