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2014 (10) TMI 945 - HC - Income TaxRevision u/s 264 - Commissioner of Income Tax power to entertain the application for revision under section 264 from an Intimation u/s 143(1) - Held that:- In the present facts taking into account the conduct of the Commissioner of Income Tax in ignoring the binding decision of this Court, we do not consider it appropriate to consider the submissions made on behalf of the revenue when the order of the Commissioner is ex facie in defiance of the decisions rendered by this Court in Anderson Marine Ltd. (2003 (12) TMI 47 - BOMBAY High Court) wherein this Court had held that Section 264 would be applicable even in respect of Intimation issued under Section 143(1) of the Act post 1 June 1999. In an appropriate case, we would consider the submission on behalf of the revenue. Accordingly, the impugned order dated 20 April 2006 is set aside and the application is restored to the Commissioner of Income Tax with a direction to pass an appropriate order in accordance with law. Commissioner of Income Tax directed to dispose of the petitioner's application under section 264 of the Act as expeditiously as possible and preferably within 8-weeks from today.
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