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2009 (12) TMI 25 - HC - Income TaxRevision by the commissioner of Income Tax Power of the CIT to revise the return prejudicial to assessee held that - the order passed under Section 264 provides substantial relief to the assessee not carrying any miscarriage of justice; nor are there any errors apparent on the face of the record which attract interference in the present proceeding. The power of this Court to interfere with an order passed by the Commissioner under section 264 of the Act is not automatic. - petition under Section 264 is not in the nature of appeal but understood to be in the nature of mercy petition being largely discretionary. - In the instant case, the Commissioner has exercised its discretionary power under Section 264 on the application made by the assessee and gave a substantial relief to the assessee out of the addition of Rs. 8,65,000/-. The Commissioner by its impugned order has sustained the addition only of Rs. 2,70,000 Court propose to restore the matter back to AO to examine evidence afresh not opted by the assessee petition dismissed.
Issues: Challenge to order under Section 264 of the Income Tax Act.
Analysis: The petitioner challenged the order dated 3.1.2007 passed by the Commissioner under Section 264 of the Income Tax Act. The Assessing Officer had earlier passed an assessment order under Section 143(3) of the Income Tax Act on 13.10.2006. The petitioner filed a revision under Section 264 on 22.11.2006, addressing various grievances. The Commissioner dealt with these grievances individually. The first issue was regarding a loan taken by the assessee from Sri Shyam Kumar Rastogi. The Commissioner accepted a portion of the loan and sustained the balance amount. The second grievance of Rs. 1,30,000 was deleted on merit. The third issue involved an addition of Rs. 1,65,000 from two individuals, which was also deleted by the Commissioner. Additionally, the Commissioner discussed an addition of Rs. 4,00,000, accepting a portion of it and sustaining the remaining amount. The total addition sustained by the Commissioner was Rs. 2,70,000. The Commissioner's authority under Section 264 allows for revision of orders passed by subordinate authorities. The judgment highlighted that the purpose of Section 264(3) is to resolve conflicts conclusively, and no appeal lies against orders made under this section. While the writ petition can be filed, the High Court generally refrains from interfering with orders passed under Section 264, unless there are substantial errors or miscarriage of justice. The power to interfere with such orders is not automatic, as observed in previous cases. It was noted that petitions under Section 264 are not appeals but are considered discretionary in nature, akin to mercy petitions. In this case, the Commissioner exercised discretion in favor of the assessee, providing substantial relief by sustaining only a portion of the total addition. During the proceedings, the Court proposed to send the matter back to the Assessing Officer for a fresh examination of evidence. However, the petitioner's counsel requested not to pursue the petition further, which was not opposed by the opposite party. Consequently, the petition filed by the assessee was dismissed as "not pressed" on 7.12.2009.
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