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DATE: October 3, 2019 (Date of pronouncement)
DATE: October 23, 2019 (Date of publication)
AY: 2005-06
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CITATION:
Writ Petition for non-grant of refund: Though an order refusing to issue refund is not an appeallable order u/s 246A, it is subject to revision u/s 264. As the alternate remedy of revision is available, the Writ is not maintainable (Larsen & Toubro 326 ITR 514 (Bom) referred)

If one contrasts section 264 of the Act with section 246A of the Act which provides for appeal, it would be noticed that unlike section 246A of the Act which specifies sections of the Act from which an appeal would lie, section 264 of the Act provides for revision from `any order’ under the Act. This is another indication that the Commissioner of Income Tax has very wide powers to correct any order passed by an officer subordinate to him

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DATE: November 13, 2017 (Date of pronouncement)
DATE: November 25, 2017 (Date of publication)
AY: 2012-13
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CITATION:
S. 264 Revision: Powers and duties of the CIT while dealing with a revision application filed by an assessee explained

Commissioner cannot refuse to entertain a revision petition filed by the assessee under Section 264 of the Act if it is maintainable on the ground that a similar issue has arisen for consideration in another year and is pending adjudication in appeal or another forum. Negative stipulations are clearly not attracted. When a statutory right is conferred on an assessee, the same imposes an obligation on the authority. New and extraneous conditions, not mandated and stipulated, expressly or by implication, cannot be imposed to deny recourse to a remedy and right of the assessee to have his claim examined on merits

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DATE: January 16, 2015 (Date of pronouncement)
DATE: January 16, 2015 (Date of publication)
AY: 2006-07
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CITATION:
S. 264: ITAT entertains appeal against order passed by CIT u/s 264

The assessee sought revision of its assessment, finalized u/s.143(3) on 03.12.2008, accepting the returned income of Rs.35,19,179/-, u/s.264 of the Act on the ground that the deduction u/s.80-IB, to which it was entitled, had not been allowed per the impugned …

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