Law:

Section:

Section 264 of the Income-tax Act, 1961 - Revision - Of other orders -Assessment year 1976-77 - Assessee-company was allowed deduction under section 35B on an agreed basis - Subsequently, assessee made an application under section 264 claiming that it was entitled to more deduction under section 35B - Whether as assessee could not make out any case in support of his revised deduction, Commissioner was justified in rejecting assessee's application on ground that claim made out by assessee had been allowed on an agreed basis, and, therefore, a fresh claim could not be entertained - Held, yes FACTS For the assessment year 1976-77, the assessee-company was allowed deduction under section 35B on an agreed basis. Subsequently the assessee moved an application under section 264 and claimed rebate of enhanced amount under section 35B on the ground that under the legal advice it was entitled to more amount of weighted deduction. The assessee also contended that since the assessment order was prejudicial to its interest, the same was liable to be revised. The Commissioner rejected the assessee's application on the ground that as claim made by the assessee under section 35B had been allowed by the ITO on an agreed basis, a fresh claim could not be entertained. On writ: HELD In the instant case, the Commissioner found that the weighted deductions had been allowed to the assessee according to its own agreement. On account of the agreement, the claim of the assessee should not be exa-mined. The assessee could not be heard complaining against the correctness of the order on the ground that the same was prejudicial to its interest. Neither before the Commissioner nor now, the assessee had made out the case that it was entitled to the revised weighted deduction. The claim for deduction was vague. The assessee could not cite any law of any High Court or the Supreme Court in support of the claim now made through the application under section 264. The assessee was also unable to show that the Commissioner committed an error apparent on face of the record in rejecting the application under section 264. The Commissioner did not take into account any irrelevant ground while rejecting…

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