Just a moment...

Top
Help
Upgrade to AI Search

We've upgraded AI Search on TaxTMI with two powerful modes:

1. Basic
Quick overview summary answering your query with referencesCategory-wise results to explore all relevant documents on TaxTMI

2. Advanced
• Includes everything in Basic
Detailed report covering:
     -   Overview Summary
     -   Governing Provisions [Acts, Notifications, Circulars]
     -   Relevant Case Laws
     -   Tariff / Classification / HSN
     -   Expert views from TaxTMI
     -   Practical Guidance with immediate steps and dispute strategy

• Also highlights how each document is relevant to your query, helping you quickly understand key insights without reading the full text.Help Us Improve - by giving the rating with each AI Result:

Explore AI Search

Powered by Weblekha - Building Scalable Websites

×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Delete Reply

Are you sure you want to delete your reply beginning with '' ?

Delete Issue

Are you sure you want to delete your Issue titled: '' ?

Articles

Back

All Articles

Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
FromTo
Category :
Sort By:
Relevance Date

Need of Revisional Authorities under Tax laws

CAPushpkumar Sahu
Revisional powers under income tax enable commissioners to review and remit assessment orders harming revenue or taxpayer rights. The Commissioner exercises supervisory revisional powers to review subordinate assessment orders that are prejudicial to revenue or unlawful, correcting, remanding, or directing reassessment where the assessing officer failed to apply mind or disregarded evidence. Taxpayers aggrieved by such orders may apply for revision; the Commissioner can act suo moto or on application, and taxpayers are advised to pursue the appellate remedy first before seeking revision. (AI Summary)

There is an utmost importance of Revisional authorities under Tax laws (both under Income Tax Law and GST Law) to safeguard and protect the interest of revenue as they act as a reviewer of the orders passed by the lower authorities which fall under their respective jurisdictions.
Under Income Tax Act, 1961 there exists a provision under section 263 and 264 where Commissioner of Income tax can revise the orders passed by its subordinating authorities i.e. A.O. falling under its jurisdiction.
The main reason behind introducing this provision under Income Tax Act, 1961 was to prevent its subordinating authorities to take bribe from assesse by passing Assessment Orders which are prejudicial to the interest of revenue, therefore section 263 was introduced to give the powers to CIT to revise the assessment orders if found prejudicial to the interest of revenue. 
On the contrary, the situation may occur when A.O. may pass such an assessment order which is bad in the eyes of law i.e. prejudicial in the interest of the assesse, the said case may arise when assesse fails to fulfil the demand of A.O. i.e. refuse to give bribe and in return A.O. passes an order which is unethical, unlawful and not in accordance with the law, therefore in such situation remedy is available to the aggrieved assesse to file an application with CIT u/s 264. CIT after reviewing the application and records available with him will accordingly pass or remand back the order and will assist the A.O. in passing correct order as per law.  
 What happens is that A.O. prefers unethical ways like Adhoc additions, disallowance of genuine expenses on account of some or little discrepancies present in the evidences submitted during the assessment proceedings and thereby reject the evidences and pass the assessment order that to with Adhoc additions, but assesse has an option to file an application u/s 264 of the Income Tax Act, 1961 to Commissioner of Income Tax of its respected jurisdiction against the order passed by the concerned A.O. Afterwards, if Commissioner is of the view that A.O. has passed the order without application of mind or has passed the order intentionally without considering the facts and evidences produced during the assessment proceedings, then in that case Commissioner may sue moto or on application filed by assesse, remand back the order for revision as per his considerations and will & A.O. has to act accordingly as per the directions of Commissioner.  
AUTHOR’S OPINION CUM SUGGESTION: Aggrieved assesse should first prefer an appeal option which is required to be filed with the Commissioner of Income Tax ( Appeals ) in Form 35 within 30 days from the date of receipt of assessment order, but if assesse was not able to prefer appeal option or appeal filed by him was rejected, then in that case he should prefer revision option and accordingly file an application with CIT.

With Best Regards;
Pushp Kumar Sahu
Author can be reached at Whatsup No. 7694905887 and Mail : [email protected] 

answers
Sort by
+ Add A New Reply
Hide
KASTURI SETHI on Feb 5, 2022

Sh. Pushpkumar Sahu Ji,

Very useful article indeed. Keep it up. Enhance the frequency of writing an article. Writing is not everybody's cup of tea.

+ Add A New Reply
Hide
Recent Articles