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Revision of other orders [Section 264] – Income Tax

Revision of other orders [Section 264]: 

In the case of any other order (not being an order prejudicial to the Revenue) passed by any subordinate authority including the Deputy Commissioner (Appeals) the Principal Commissioner or Commissioner may either on his own motion or on receipt of an application from the assessee, call for the record of any proceedings under the Act in the course of which the order was passed. After making such enquiries as may be necessary the Principal Commissioner or Commissioner may pass such order as he thinks fit. The Principal Commissioner or Commissioner is not empowered to revise any order on his own motion if a period of more than one year has expired from the date of the order sought to be revised. If the application for revision is made by the assesse e, it must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise comes to know of it, whichever is later. However, the Principal Commissioner or Commissioner may admit an application even after the expiry of one year, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period. The application to the Principal Commissioner or Commissioner for revision must be accompanied by a fee of Rs 500. If an order is passed by the Principal Commissioner or Commissioner declining to interfere in any proceeding, it shall not be deemed to be an order prejudicial to the assessee. However, the Principal Commissioner or Commissioner is not empowered to revise any order in the following cases, viz.,

(i) where an appeal against the order lies to the Commissioner (Appeals) or the Tribunal but has not been made and the time within which the appeal may be made has not expired or in the case of an appeal to the Tribunal the assessee has not waived his right of appeal;

(ii) where the order is pending on an appeal before the Deputy Commissioner (Appeals);

(iii) where the order has been made subject to an appeal to the Commissioner (Appeals) or the Appellate Tribunal.

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