There are two adjoining sections 263 and 264. Whereas section 263 deal with orders prejudicial to the interest of revenue section 264 deals with any other order prejudicial to the interest of the assessee .
In the first case orders passed under section 263 by the Principal Commissioner are appealable before the Income Tax Appellate Tribunal whereas the orders passed under section 264 cannot be so appealed before the Tribunal.
It is an irony that even when section 264 particularly warns against passing of any order prejudicial to the interest of the assessee there is no remedy available by way of appeal against such orders thus defeating the very objective of section.
Even for a slightest seeking of condonation of time for making an application the taxpayer has to approach High Court jurisdiction.
Is it not contrary to the principle of natural justice? This differential treatment calls for intervention.