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2017 (6) TMI 982 - HC - Income TaxRevision u/s 264 - AO failed to rectify the quantum of income against an application u/s 154 - petitioner did not apply for the two reliefs as claimed by the petitioner before him - Held that:- With respect, the Commissioner misunderstood the application dated March 24, 2010. Such application contains the prayer for both of the reliefs. Therefore, there is an error apparent on the face of the record so far as the impugned order is concerned. The finding that the application dated March 24, 2010 does not contain the reliefs as claimed by the petitioner is perverse. Application u/s 264 against an order passed by the assessing officer is maintainable or not- Held that:- Again, with respect, Section 264 of the Act of 1961 permits the Commissioner to revise all orders which are not under Section 263 of the Act of 1961. The order impugned before the Commissioner under Section 264 of the Act of 1961 was passed under Section 154 of the Act of 1961. The revisional application directed against the order passed under Section 154 of the Act of 1961 is revisable under Section 264 of 1961. The Commissioner, therefore, failed to exercise jurisdiction vested upon in law by rejecting the application made under Section 264 of the act of 1961 by holding that the application before him was not maintainable. Filing of rectification petition five years after passing an order of assessment is an exercise to bypass limitation made under Section 264 of filing of a petition - Held that:- Such ground is not available in the facts of the present case. The petitioner had applied before the assessing officer under Section 154 of the Act of 1961 within four years of the order sought to be corrected. The petitioner did not delay in filing the petition under Section 264 beyond the prescribed of one year from the date of passing of the order under Section 154 by the assessing officer. Consequently limitation is not available to defeat the petition under Section 264 of the Act of 1961. Thus the four orders passed under Section 264 of the Act of 1961 by the Commissioner in respect of the assessee for the assessment years 2004-05 to 2007-08 are set aside.
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