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2023 (9) TMI 159 - HC - Income TaxRevision u/s 264 - Determination of income of assessee - While filing the ITR form, petitioner mistook the assessment year to be financial year and all the details of income for Assessment Year 2014-2015 were filled in the return of income for Assessment Year 2013-2014 - respondent no 1 rejected petitioner’s application on merits because according to him, the assessee had sought a revision on some fact which was indisputably apparent from record - HELD THAT:- As the power conferred u/s 264 of the Act is very wide, in our view, the Commissioner is duty bound to apply his mind to the application filed by the assessee and pass such order thereon. Section 264 of the Act also empowers respondent no. 1 to call for the record of any proceedings under the Act in which any order has been passed and make such inquiry or cause such inquiry to be made and pass such order as he thinks fit. Therefore, if respondent no. 1 feels that detailed inquiry is necessary and he will be hard pressed for time, he may cause such inquiry made by the AO and direct the AO to file a report. In the present case, as per petitioner in his return of income he has made mistakes as noted earlier in this order. Looking at the mistake, it is rather obvious that it was not a deliberate mistake or an attempt to gain some unfair advantage or to evade any tax. In the circumstances, we quash and set aside the order passed under Section 264, order under Section 154 of the Act and intimation issued under Section 143(1) and remand the matter for denovo consideration to respondent no. 1 to dispose petitioner’s application under Section 264 of the Act on merits.
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