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2014 (2) TMI 1116 - HC - Income TaxMaintainability of Revision petition u/s 264 of the Act – Held that:- The decision in C. Parikh & Co. vs. Commissioner of Income Tax, Baroda 1979 (7) TMI 50 - GUJARAT High Court] followed - scope of revision under Section 264 is wider and different than the scope of revisionary powers exercised by the Commissioner under Section 263 - an order/ intimation passed under Section 143(1) passed by the Assessing Authority is equally an order, which can be questioned and be made subject matter of revision under Section 264 before the commissioner for deciding the issues raised by the assessee on merits. Indeed the expression “In the case of any order other than an order to which Section 263 apply”, occurring in Section 264, would include an order/intimation passed under Section 143(1) and hence, it can be made subject matter of challenge in Revision by the assessee before Commissioner under Section 264 of the Act - In order to raise any kind of grievance after the issue is dealt with by the Assessing Authority, one of the remedies available to the assessee in such circumstances, apart from any other remedy as may be available under the Act, is to invoke the revisionary powers of Commissioner under Section 264 of the Act against such grievance to call upon the Commissioner to examine the same on merits in its revisionary jurisdiction in accordance with law – thus, the order of the Commissioner set aside – the matter remitted back to the Commissioner to decide the revision on merits – Decided in favour of Assessee.
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