Law:

Section:

Section 264 of the Income-tax Act, 1961 - Revision - Of other orders - Assessee - petitioner filed revision under section 264 against best assessment-Commissioner gave quantum relief but refused to go into validity of best assessment on ground that assessee had statutory remedy under section 146 to cancel best assessment and such remedy was not invoked by him - Whether on facts, Commissioner committed no jurisdictional error in refusing to go into validity of best assessment which was raised before him for first time - Held, yes FACTS The petitioner filed revision under section 264 against the best assessment on the ground that said order was passed without giving sufficient opportunity to him. The Commissioner gave quantum relief but refused to go into the validity of the assessment on the ground that the Petitioner had statutory remedy to get the best assessment cancelled under section 146, but such remedy had not been invoked by the petitioner. On writ: HELD It is true that the powers of the Commissioner under section 264 are very wide. However wide it may be, since the jurisdiction to pass orders under section 264 is a discretionary one, the Commissioner is entitled to see only whether the order complained of is according to law. It is a discretionary jurisdiction. No doubt the Commissioner should exercise the discretion in a judicial member. The Commissioner in exercising the power of revision, adverted to the fact that the assessee had a statutory remedy to cancel the best assessment under section l46, that such a remedy was not invoked in the instant case, and that the assessee itself had filed a petition (under section 146) for the previous year 1976-77, and was aware of such provisions and in the light of the above circumstances, the assessee was not entitled to question the validity of the assessment, in the revision filed under section 264 for the first time. There was no error of law or error of jurisdiction in the aforesaid order passed by the Commissioner. In exercising, the discretion vested in him under section 264, the Commissioner had adverted to a relevant fact, namely that the assessee, had not resorted to the alternative remedy provided by…

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