COMMISSIONER OF INCOME TAX vs. SHARAD JAIN
ITA/564/2013HC Delhi22 Nov 2013
Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA
Section 132(4)Section 264
…of the Income Tax Act 1961, has all the trappings of a judicial power. Jurisdictional High Court in the case of Aparna Ashram vs Director of Income Tax (258 ITR 401), after relying upon the judgement of Supreme Court in the case of Dwarka Nath vs ITO (57 ITR 349) have held that the jurisdiction conferred u/s 264 is a judicial one. The nature of the jurisdiction and the rights decided carry with them necessarily the duty to Act judicially in ITA Nos. 563/2013 & 564/2013 Page 4 of 7 disposing o…