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Section 264 – Income Tax Act, 1961

Income Tax Act, 1961

 

 

Section 264. REVISION OF OTHER ORDERS.

 

(1) In the case of any order other than an order to which section 263 applies passed by an authority subordinate to him, the Commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this Act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit.

 

(2) The Commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously.

 

(3) In the case of an application for revision under this section by the assessee, the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier :

 

Provided that the Commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period.

 

(4) The Commissioner shall not revise any order under this section in the following cases – (a) Where an appeal against the order lies to the Deputy Commissioner (Appeals) or to the Commissioner (Appeals) or to the Appellate Tribunal but has not been made and the time within which such appeal may be made has not expired, or, in the case of an appeal to the Commissioner (Appeals) or to the Appellate Tribunal, the assessee has not waived his right of appeal; or

 

(b) Where the order is pending on an appeal before the Deputy Commissioner (Appeals); or

 

(c) Where the order has been made the subject of an appeal to the Commissioner (Appeals) or to the Appellate Tribunal.

 

(5) Every application by an assessee for revision under this section shall be accompanied by a fee of twenty-five rupees.

 

(6) On every application by an assessee for revision under this sub-section, made on or after the 1st day of October, 1998, an order shall be passed within one year from the end of the financial year in which such application is made by the assessee for revision :

 

Explanation 1 : An order by the Commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee.

 

Explanation 2 : For the purposes of this section, the

 

Deputy Commissioner (Appeals) shall be deemed to be an authority subordinate to the Commissioner.

 

Provided that where an order on an application for revision is not passed by a Commissioner within the period mentioned in this sub-section, then, it shall be presumed as if the application for revision has been allowed and all the consequences shall follow accordingly.

 

Explanation : In computing the period of limitation for the purposes of this sub-section, the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 129 and any period during which any proceeding under this section is stayed by an order or injunction of any Court shall be excluded.

 

(7) Notwithstanding anything contained in sub-section (6), an order in revision under sub-section (6) may be passed at any time in the consequence of or to give effect to any finding or direction contained in an order of the Appellate Tribunal, High Court or the Supreme Court.

 

Explanation 1. An order by the Commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assessee.

 

Explanation 2. For the purposes of this section, the Deputy Commissioner (Appeals) shall be deemed to be an authority subordinate to the Commissioner.

 

Related Judgements

 

SUDHIR SAREEN v. COMMISSIONER OF INCOME-TAX & ANR.

 

PARIKH ENGINEERING & BODY BUILDING CO. LTD. & ANR. v. UNION OF INDIA & OR section

 

PARESH PREMJI RAJDA v. COMMISSIONER OF INCOME TAX.

 

MAKUM TEA CO. (INDIA) LTD. v. DEPUTY COMMISSIONER OF INCOME TAX & ANR.

 

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Income Tax Act, 1961 

 

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