Case Law Details
Ena Chaudhuri Vs ACIT (Calcutta High Court)
Calcutta High Court held that revision application filed under section 264 of the Income Tax Act allowable on account of bonafide mistake which cannot be rectified by filing revised return since original return was filed belatedly.
Facts- Petitioner is an old lady of advancing age and being unaware of the technicalities of the income tax law, committed mistake in her return by including the exempted income in question relating to dividend and long term capital gain as income payable to tax and such mistake was realised by her only upon receipt of the orders passed u/s. 143 (1) of The Income Tax Act, 1961, and it is her case that since the filing of original return itself was delayed no revised return could be filed by her u/s. 139 (5) of the Act for claiming deduction of the income exempted from income tax which was included as taxable income due to bonafide mistake and having no other recourse like filing of revised return or appeal, she filed revision applications u/s. 264 of the aforesaid Act before the Commissioner of Income Tax concerned.
Respondent CIT concerned dismissed the revision applications of the petitioner in question by the aforesaid impugned orders by holding that since the orders passed u/s. 143 (1) of the Act relating to relevant assessment years could not be called erroneous and that the petitioner did not file the revised return u/s. 139 (5) of the Act for the claim in question he could not allow such claim in the revision application u/s. 264 of the Act and further by holding that since the original return under Section 139 (5) of the Act was filed beyond the specified date.
Conclusion- I am of the considered view that the respondent Commissioner of Income Tax concerned in the facts and circumstances of the case has committed error in law in dismissing the revision applications of the petitioner filed under section 264 of The Income Tax Act, 1961, by refusing to consider the claim of the petitioner on merit that the income in question was exempted from tax and not liable to tax under The Income Tax Act, 1961, which according to the petitioner was included in her return as taxable income due to bonafide mistake and which she could not rectify by filing revised return since original return itself was belatedly filed and petitioner had no other remedy except taking recourse to filing of revision application under section 264 of The Income Tax Act, 1961.
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Author Bio
I had a similar case sometime back in Delhi. The CIT refused ( verbally) to deal with the application u/s 264, instead suggested that I file an application u/s 119 for condonation of delay for filing a revised return. After lot of efforts, time and innumerable visits to tax office. I could get the condonation through PCIT. I wonder, what would be the position now after the introduction of 139(8A) where no benefit is allowable to the Assessee.