R.P. Jeevan Reddy, C.J. - (1.) THIS writ petition is directed against a show-cause notice issued by the Commissioner under Section 263 of the Income-tax Act, 1961, proposing to revise the assessment orders relating to the assessment years 1986-87, 1987-88 and 1988-89. In the show-cause notice, three grounds are mentioned on which he proposed to revise the assessment order. We have perused the grounds and heard Sri S. P. Gupta, learned counsel for the petitioner, for quite some time.
(2.) THE first ground is that a certain amount collected as export duty was not remitted in the same year and hence could not have been granted deduction by virtue of Section 43B. THE petitioner explains that the said amount was not claimed as a deduction but was kept in a separate account. We cannot say that, for that reason, the ground mentioned in the show-cause notice can be said to be unsustainable. THE petitioner has certain explanations with respect to the other two grounds also but, in our opinion, those explanations must be put forward before the Commissioner. It is not for this court to consider the explanation and express itself on the merits thereof in this writ petition at this stage. THE writ petition is in the nature of a writ of prohibition. Unless total want of jurisdiction is made out or unless it is shown that, on the grounds stated in the notice, it is untenable, we cannot interfere. Neither of the grounds are made out here. We are desisting from making any comments on the grounds or merits of the case since that may prejudice the parties in future proceedings. The petitioner shall submit his explanation. Further proceedings shall go on according to law. The writ petition is dismissed.
(3.) CERTIFIED copy of this order may be given to learned counsel for the petitioner on payment of usual charges within three days.;