Commissioner of Income-tax, Jaipur-II, Jaipur v. K.B. Narnolison - 2017-LL-0406-78

Citation	2017-LL-0406-78
Appellant Name	Commissioner of Income-tax, Jaipur-II, Jaipur
Respondent Name	K.B. Narnolison
Court	HIGH COURT OF RAJASTHAN
Relevant Act	Income-tax
Date of Order	06/04/2017
Judgment	View Judgment
Keyword Tags	error apparent on face of record
Bot Summary:	The appeal is filed against the order of rejection of review. The appropriate remedy against the said order is to file a writ petition. The present appeal was filed on 18.01.2011 and was admitted on 07.05.2012 with the following substantial question of law: Whether in the facts and circumstances of the case, the ITAT was justified in law in passing the order on the misc. Application under section 254(2) despite of the fact that there is no error apparent on the face of record 3. In the view of the subsequent decision, writ is the appropriate remedy against the order of review. The ITA-282/2011 period spent before this Court from 18.01.2011 shall be considered while preferring the writ petition if the writ petition is preferred within a period of 30 days from today.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 282 / 2011 Commissioner of Income Tax,, JAIPUR-II ,JAIPUR. Appellant Versus M/s K.B. Narnolison, Narnoli Palace, Outside Sanganeri Gate, Jaipur. Respondent For Appellant(s) : Mr. R.B. Mathur For Respondent(s) : Mr. S.L. Poddar HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Judgment Per Hon ble Jhaveri, J. 06/04/2017 1. appeal is filed against order of rejection of review. appropriate remedy against said order is to file writ petition. 2. present appeal was filed on 18.01.2011 and was admitted on 07.05.2012 with following substantial question of law: Whether in facts and circumstances of case, ITAT was justified in law in passing order on misc. application under section 254(2) despite of fact that there is no error apparent on face of record? 3. However, in view of subsequent decision, writ is appropriate remedy against order of review. Therefore, (2 of 2) [ITA-282/2011] period spent before this Court from 18.01.2011 shall be considered while preferring writ petition if writ petition is preferred within period of 30 days from today. 4. appeal stands disposed of. (VIJAY KUMAR VYAS),J. (K.S. JHAVERI),J. Asheesh Kr. Yadav/76 Commissioner of Income-tax, Jaipur-II, Jaipur v. K.B. Narnolison

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