( 1 ) THIS writ petition has been filed challenging the impugned order dt. 31st March, 2003, by which the learned revisional authority, i. e. , CIT has disposed of the revision application filed by the petitioner-assessee, under Section 264 of the IT Act, 1961 (hereinafter referred to as the Act, 1961) being aggrieved by the demand contained in letter dt. 11th March, 2002.

( 2 ) HEARD S/shri R. P. Agarwal and V. K. Agarwal, learned counsel appearing for the petitioner and Shri Shambhu Chopra, learned counsel appearing on behalf of the respondent.

( 3 ) WHILE arguing the revision application by the representative of the assessee, it has vehemently been submitted that demand letter dt. 11th March, 2002, had been issued by the assessing authority without any merit. In memo of revision, the said ground had been taken that it was specifically agitated by the assessees representative. In the impugned order, the revisional authority, instead of dealing with it and deciding it on merit, has brushed it aside saying that the issue had not been pressed.

( 4 ) IT has been submitted that once the ground had been taken in revision and has been agitated before the revisional aut