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2016 (8) TMI 1370 - HC - Income TaxDeduction towards provision for arrears of salary and wages payable to the officers and staff as per the Long Term Settlement - whether, in the absence of filing a revised return, a claim for deduction for the aforesaid amount is permissible for the assessment year 2008-09? - Held that:- As held by a Division Bench in Parekh Brothers (1983 (8) TMI 17 - KERALA HIGH COURT), there is no limit to exercise the jurisdiction under Section 264 of the IT Act. That was also a case in which the claim was not made by the assessee in the return or at the time of arguments when the assessment was made. In such an instance, the Division Bench held that, even assuming that the assessment order was correct, still it is open for the assessee to seek the revisional jurisdiction in respect of an item which was not made by way of a mistake. Therefore, the jurisdiction of the Commissioner to pass orders even if a revised return is not filed, is very much available. Then the only question is whether any deduction has been permitted during the assessment year 2007-08. As already indicated, the appellate order was passed as early as on 31/03/2010 dismissing the appeal as infructuous. Whether such deduction has been permitted during 2007-08 is not made clear - the matter requires consideration. The commissioner shall hear the petitioner and if deduction has not been made for the assessment year 2007-08, it has to be considered whether the deduction could be made for the assessment year 2008-09 irrespective of the fact that the petitioner has filed any revised return. Writ petition is disposed of as the 2nd respondent shall consider Ext.P4 revision petition filed by the petitioner and take a decision in the matter after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment.
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