In  436 ITR 262 (Guj) the assessee , a banker at the time of filing ITR held the impression that he was not entitled to claim any deduction under section 10(10C) of the Act, 1961. Later he made a mere representation to PCIT instead of revision application u/s 264 who held the view that the assessee having not made such claim in ITR cannot be held entitled to such deduction and also raised eyebrows on the manner in which claim is made as representation. The assessee made a second application now under section 264 for a reconsideration but wrongly naming as writ petition instead of revision petition which too got rejected.
In setting aside the orders of PCIT the Court held that even if the assessee had not claimed the exemption in his return of income he could claim it at a later point of time.
At the same time the Court went on to clarifythat this order has been passed in the peculiar facts of the case and shall not be cited as a precedent. Perhaps this came because of mistakes committed by the assessee one after the other and later also admitted in an affidavit.