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2010 (4) TMI 414 - BOMBAY HIGH COURTRevision- Commissioner- The petitioner, a consortium of an Indian company and a company incorporated in Malaysia, was awarded a contract for the design, development, construction, commissioning, operation and maintenance of the Mumbai monorail project by the MMRDA. The petitioner filed an application under section 197 to the Assistant Commissioner of Income Tax for a certificate granting a rate of 11 per cent for withholding tax in respect of tax received by association of person from the MMRDA. The petitioner moved the commissioner of income tax (TDS), in revision under section 264. The Commissioner rejected he revision application on the ground that no hardship or prejudice would be caused to the assessee as a result of the rejection of the application because the assessee would be entitled to get a refund of excess tax paid, if any together with interest, and that when the Assessing Officer rejects an application u/s 197, he does not pass an order envisaged in section 264 and consequently a revision under section 264 was not maintainable. Held that- the commissioner was manifestly in error in holding that the rejection of an application u/s 197 by the Assessing Officer did not result in an order and that the revision power vested in the commissioner under section 264 would not be attracted. The application filed by the assessee had been rejected without application of mind to circumstances germane to the statute.
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