Whether intimation U/S 143(1) can be revised U/S 264 by the commissioner?

 Ø  

·         From the various judicial pronouncements, it is settled that the powers conferred under section 264 of the Act are very wide. 

·         Under this section, the Principal Commissioner is mandated not to revise any order in two situations: first where an appeal that lies to the Commissioner (Appeals) but has not been made and the time within which such appeal may be made has not expired or second, where the assessee has not waived his right of appeal.

·         Bombay HC in the case of Aafreen Fatima Fazal Abbas Sayed v. ACIT AND PCIT (WRIT PETITION (L) NO. 6096 OF 2021) has held that since section 264 uses the expression “any order”, it would imply that the section does not limit the power to correct errors committed by the subordinate authorities but could even be exercised where errors are committed by assessees.

·         Article 265 of the Constitution of India imposes an embargo on imposition and collection of tax if the same is without authority of law.

·         Thus, The powers given to Commissioner of Income Tax under section 264 are very wide and he can revise any order including intimation under section 143(1)