Law:

Section:

Section 264 of the Income-tax Act, 1961-Revision-Of other orders-ITO made original assessment on return income-Subsequently, assesses found that it had inadvertently omitted from its return interim dividend of Rs. 2,30,000 from which sums of Rs. 57,500 and 11,500 had been deducted at source as Income-tax and Super-tax, respectively-Assesses filed revised return seeking reopening of assessment and refund of Super-tax of Rs. 11,500 which it was not liable to pay-ITO disallowed assessee's claim-assessee filed revision under section 264 praying to include Rs. 2,30,000 in its income and to refund Rs. 11,500-Commissioner rejected petition on the ground that there was no mistake in original assessment order-Whether commissioner justified-Held, on facts, no-Whether assessee entitled to refund of Super-tax deducted at source-Held, on facts, yes Facts The assessee was a non-resident company. For the assessment year 1965-66, the ITO made the assessment of the assessee at the returned income of Rs. 2,63,300, being dividend received by the assessee from its three subsidiary companies in India. Subsequently, the assessee discovered that it had inadvertently omitted to include in the return the interim dividend of Rs. 2,30,000 received by it from one of the subsidiary companies, after deduction at source of Rs. 57,500 and Rs. 11,500 as income- tax and super-tax, respectively. The assessee brought the mistake to the notice of the ITO on 30-9-1967 and also filed a revised return with the request to reopen the assessment. The ITO failing to take any action, the assessee filed a revision application under section 264. Pending that revision, it also made an application under section 237 before the ITO for the refund of Rs. 11,500 deducted as super-tax at source. The ITO held that the claim for refund of Rs. 11,500 could not be accepted as the assessee was precluded in terms of section 242 from seeking a review of the computation of total income which had become final. On appeal, both the AAC and the Tribunal upheld the ITO's order and the matter ultimately came to the High Court on reference which was heard together with the present petition. In the revision proceedings, the…

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