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2017 (1) TMI 1264 - HC - Income TaxRevision u/s 264 in favor of assessee - scope of revisional power of the Commissioner under Section 264 - Held that:- A mere intimation does not amount to an order which could be revised under Section 264. In Parekh Brothers (1983 (8) TMI 17 - KERALA High Court ), the question which was considered was whether Section 264 can be invoked for the purpose of making a claim of deduction under Section 35B. The argument that independent of the notice issued under Section 143(1)(a), if there is failure on the part of the petitioner in making a claim for deduction, whether it is possible for the Commissioner to grant one more opportunity in the matter. It is settled law that the revisional powers are very wide. Petitioner is now faced with a demand which according to the petitioner is liable to be reduced on specific reasons. In Parekh Brothers (supra), this Court held that even if no such claim has been made earlier, such a claim can be entertained by the Commissioner under Section 264. Viewed in that angle, it is of the view that though not as a challenge to Section 143(1) notice, when the petitioner has filed a revised return and has sought for interference by the Commissioner, necessarily the claim has to be considered in accordance with law. Thus taking cue from Parekh Brothers (supra), the Commissioner will be justified in considering the claim for deduction by the petitioner in accordance with law under Section 264 of the Act.
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