Law:

Section:

Section 264 of the Income-tax Act, 1961 - Revision - Of other orders - Whether assessee is precluded from producing evidence of contemporaneous nature at a later stage by filing an application for revision under section 264 - Held, no - Whether Explanation I to section 264 would be operative afterCommissioner exercises his jurisdiction lawfully meaning thereby considering all records produced before him; he must apply his mind first; while doing so, if he declines then Explanation may be applicable - Held, yes - Whether where Commissioner declined to entertain the application for the reasons that from the perusal of the assessment records and the Assessing Officer's report, it appeared that despite opportunity being given, the assessee failed to produce evidence regarding investment made by her and also did not produce particulars of her personal drawings, matter was to be remanded to Commissioner for deciding same afresh - Held, yes FACTS The assessee filed an application before the Commissioner for revision of order of the Assessing Officer under section 264. The Commissioner, however, declined to entertain the application for the reasons that from the perusal of the assessment records and the Assessing Officer's report, it appeared that despite opportunity being given, the assessee failed to produce evidence regarding investment made by her and also did not produce particulars of her personal drawings. On writ : HELD From a comparative reading of sections 263 and 264, it seems that the provision of section 263 can be exercised when the Commissioner considers that any order passed by the Assessing Officer is erroneous and to the extent the same is prejudicial to the interests of the revenue. The aforesaid provision cannot be applied at the instance of the assessee or even at the instance of the revenue, it can only be done by the Commissioner himself. The provision of section 264 can be exercised by the Commissioner either of his own motion or on an application by the assessee. In the instant case, the assessee made the application. It is the duty coupled with the power of the Commissioner to make an enquiry or call for records for enquiry. He is competent to…

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