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By the Gujarat High Court decision in 276ITR165 an intimation u/s 143(1) is not an order of assessment hence a person can revise the return even after receipt of intimation but within the statutory time permissible by law. In this case return was filed and was processed. Subsequently, the assessee revised his return to claim a deduction u/s 10(10C) but the same was beyond limitation. The AO had passed a rectification and allowed the said deduction but the Commissioner intervened u/s 263. The assessee exercised his right to approach CIT vide revision petition u/s 264 which quite understandably got dismissed.

The High Court after referring to the two orders u/ss 263 and 264 held that the Commissioner had the power to revise the assessment order under section 264, even if the revised return was not filed, once the assessee was able to show that he was overassessed. This being a settled position.

Later vide 107taxmann.com the Intimation under section 143(1) is regarded as an order of the purposes of section 264 of the Act.


However where an assessee do not take steps to invoke the power that rests with the Commissioner and approach the High Court instead then it is unlikely for him to get a relief vide 343ITR44. Omission by the auditor to consider an amount of Rs. 31,25,000 being tax deducted at the source in the return was considered as bona fide mistake which do not require any substantiation by an independent material vide 13 ITR-OL 164. In this case, the assessee approached the CC first with a condonation request which got rejected. The Court in this case quashed the order of the CC rejecting the assessee’s application under section 119(2)(b and further condoned the delay in filing application for refund.

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