On writ against the rejection of application under section 264 of the Act the court held that  merely because an assessee has offered a receipt of income in his return does not necessarily make him liable to pay tax on said receipt, if otherwise said income is not chargeable to tax. On the facts a sum received by assessee on account of interest on income tax refund was assessed as income for assessment year 2014-15, however, said amount had already been brought to tax by revenue in assessment year 2012-13, clearly, said amount could not have been taxed twice. Accordingly the Commissioner is directed to Revise the order whereby said amount was brought to tax in earlier assessment year 2012-13. Followed  CIT v. Shelly Products  ( 2003) 181 CTR 564/ (2003) 5 SCC 461, Dwarkanath v. ITO (1965) 3 SCR 536   ( AY. 2014-15)