TMI BlogRevision of other orders - Section 264X X X X Extracts X X X X X X X X Extracts X X X X ..... ay, either of his own motion or on an application by the assessee for revision , call for the record of any proceeding under this Act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this Act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit. [ section 264(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. The PCCIT/CCIT/PCIT/CIT shall not revise any order under this section in the following cases- where an appeal against the order lies to the Deputy Commissioner (Appeals) or to the Joint Commissioner (Appeals) or the Commissioner (Appeals) or to the Appellate Tribunal but has not been made and the time within which such appeal may be made has not expired, or, in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n which such application is made by the assessee for revision. [ section 264(6) ] In computing the period of limitation for the purposes of section264(6) , the time taken in giving an opportunity to the assessee to be re-heard under the proviso to section 129 and any period during which any proceeding under this section is stayed by an order or injunction of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore cannot be revised under section 264. CIT under section 264 can declare the assessment to be void ab-initio. CIT under section 264 can cancel/set aside the order of assessment of the Assessing Officer and direct him to make a fresh assessment and such directions shall not be prejudicial to the assessee. Revision under section 264 is possible if the assessee has not filed an appeal t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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