Hingulambika Co-operative Housing Society Ltd. v. CIT

INCOME TAX ACT, 1961

--Revision under section 264--MaintainabilityRejection of revision petition, whether proper ----Where revision petition of assessee was rejected on the sole ground that there was no assessment of return/revised retarns by AO, the same was not proper and was to be quashed.--Assessee filed its returns for years in questions and paid tax on self-assessment. Revised returns were filed claiming refund of excess tax paid. Claim was declined to be considered on ground that original returns/revised returns were filed belatedly . Revision filed under section 264 was rejected. on the sole ground that no order was passed by AO on the prayer of the assessee for refund of excess of tax paid. Assessee made another effort before CIT for waiver of interest levied under section 234A, 234B and 234C which was rejected on ground that return was not voluntarily filed by the assessee but consequent upon survey conducted under section 133A. Assessee filed writ petition Held: The Revisional Authority had every authority over the returns and revised returns of the assessee, though were not assessed by the AO. Instead of disposing of the revision petition on its merits, it was disposed with a sweeping remark that no order was passed by the AO. Since revisional authority, restrained from exercising its jurisdiction for the sole reason that there was no assessment of the returns/revised returns by the AO and the same was not proper and it needed to be quashed and matter had to be considered on merits. Assessee's appeal was allowed quashing orders of AO/CIT.