Law:

Section:

Section 264 of the Income-tax Act, 1961 - Revision - Of other orders - Assessment year 1965-66 - Whether where necessary averments of facts and contentions are contained in a writ petition and necessary parties are also impleaded, it is open to court to grant appropriate relief even though petitioner has not specifically asked for it - Held, yes - Petitioner/assessee received interim dividend out of which super-tax had been deducted at source - Assessee, by inadvertence, omitted to include interim dividend in its return - As assessee was not liable to super-tax it filed application to ITO to include interim dividend in income and refund amount of super-tax deducted at source - Assessee's claim was rejected income-tax authorities upto Tribunal - Thereafter, assessee's revision petition was also rejected by Commissioner - Whether Commissioner should have applied his mind to assessee's plea that it had inadvertently omitted to include in its return amount of interim dividend and that the assessment made by the ITO without taking into account that amount of interim dividend, should be revised and that assessee should be given benefit of refund of super-tax which was deducted at source before payment of interim dividend - Held, yes - Whether, therefore, impugned order of Commissioner had to be quashed - Held, yes FACTS The petitioner was a non-resident company which was holding shares in three companies registered in India. During the relevant previous year, one of the said three companies, had declared interim dividend. Out of the gross interim dividend it had deducted at the source a sum towards income-tax and another sum towards super-tax. In its return of income the petitioner omitted to include the interim dividend by inadvertence. The ITO accepted the return and made the assessment without taking into consideration dividend and the tax deducted at source. In view of the provisions of clause 2(b)( ii) of Part II of the First Schedule to the Finance Act, 1965, the income of the petitioner was not liable to super-tax. Hence, the sum deducted at the source towards super-tax before payment of the interim dividend, had to be returned to the petitioner. When…

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