Law:

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Section 264 of the Income-tax Act, 1961 - Revision - Of other orders Assessment year 2004-05 Where though Commissioner, while passing order under section 264, had relied on verification report of Assessing Officer, copy of same was not furnished to petitioner, there was violation of natural justice, and as such order under section 264 could not be sustained [Remanded] The petitioner had been deducting tax at source under section 194C from payments made to contractors and had deposited the tax so deducted with the authorities. It was found that the petitioner's accountant had made a mistake in filing the TDS return. Thereafter, the Assessing Officer passed the order under section 143(3)/147 in the proceedings under section 148. The petitioner filed an application under section 264 against the order under section 143(3)/147. A report on the petition under section 264 was called for from the Assessing Officer. While passing the order under section 264, the Commissioner had held that revised annual TDS return was bogus and not authentic as per the verification report furnished by the Assessing Officer. The petition submitted that the order under section 264 was perverse as the revised return which was on record was not dealt with, moreover, as the copy of the verification report was not furnished to the petitioner, there was violation of natural justice. Held that, though the Commissioner, while passing the order under section 264, had relied on the verification report of the Assessing Officer, copy of the same was not furnished to the petitioner. Hence, there was violation of natural justice. So far as filing of TDS return was concerned, the petitioner indeed had filed the revised return which had not been denied in the affidavit-in-opposition. Hence, the finding that it was bogus and not authentic as per verification report could not be accepted. Therefore, the order under section 264 could not be sustained. The Assessing Officer was directed to consider the assessment order and make the assessment afresh after taking into consideration the revised return. J.P. Khaitan and Soumitra Mukherjee for the Pititioner. Shibdas Banerjee and Farhan Ghaffar for the…

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