Revision under Section 264 and Section 80JJAA auditor statement issue set aside, with matter remitted for fresh consideration.

The Madras HC held that rejection of a revision petition under Section 264 solely for non-filing of the auditor's statement under Section 80JJAA could not stand where earlier decisions cited by the assessee were applicable. The Court set aside the impugned rejection order and remitted the matter to the Commissioner of Income Tax for fresh consideration in accordance with law, after taking the cited rulings into account.

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Issues: Whether the order rejecting the petitioner's revision under Section 264 of the Income-tax Act, 1961, on the ground of non-filing of the auditor's statement under Section 80JJAA of the Income-tax Act, 1961, was sustainable.

Analysis: The issue was treated as covered by earlier decisions relied upon by the petitioner. In view of those decisions, the impugned order was not allowed to stand, and the matter was sent back for reconsideration after taking the cited rulings into account.

Conclusion: The rejection order was set aside and the matter was remitted to the Commissioner of Income Tax for passing fresh orders in accordance with law.

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