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Judgment
The petitioner seeks review of the order dated 27-2-2008. In the writ petition, the petitioner has made three prayers, which are as follows:
(i) That the provisions of Section 153C read with Section 153A of the Income Tax Act, 1961 may be declared as unconstitutional being violative of Articles 14, 265, 300A of the Constitution of India and therefore they may be struck down;
(ii) That alternatively the provisions of Section 153C read with Section 153A of the Act may be read down suitably;
(iii) That the satisfaction note dated 1-12-2006 recorded by ACIT, CC-4, New Delhi (Annexure P-l) may be quashed with all the consequential proceedings taken in pursuance thereof u/s 153C read with Section 153A of the Act.
(iv) That any other order in favour of the petitioner may be passed as this Hon''ble Court may deem fit.
The only submission made before us on 27-2-2008 was with respect to the first two prayers. The third prayer was not argued before us.
We do not know why the third prayer was not argued before us but it appears that before the writ petition was filed, an assessment order was passed against the petitioner and the petitioner had filed an appeal before the Commissioner of Income Tax (Appeals) challenging the assessment order. We are told by learned counsel for the parties that one of the grounds taken in the appeal concerns the third prayer made in the writ petition.
Be that as it may, since the third prayer was not argued before us, we decline to entertain this review petition. However, we make it clear that the petitioner is at liberty to press all contentions in connection with the third prayer before the CIT(Appeals) in respect of the satisfaction note dated 1st December, 2006.