Whether Intimation u/s 143(1) can be subject matter of revision u/s 264 of Income-tax Act,1961?

 

Delhi High Court in the case of Murari lal Narang Vs PCIT,Delhi-13 [Order dated May 22, 2024] was concerned with the issue as to whether Intimation u/s 143(1) can be subject matter of revision u/s 264 of Income-tax Act,1961

The Delhi High court in this case was considering a revision petition which was filed u/s 264 of the Income-tax Act,1961 in order to make a claim regarding the interest on enhanced compensation that was received by the writ petitioner on land acquisition and was sought to be claimed as exempt which was not claimed as such while filing the original return. The PCIT denied the revision by observing that the said intimation cannot be said to be an order which could be revised as there was no mistake in the intimation and also the fact that doing so will amount to backdoor revision of return which is not permissible beyond the dates as prescribed u/s 139(5). The court appreciated the reasoning of PCIT and was also guided by the provisions of the law laid down in Section 56(2)(viii) as per which interest on enhanced compensation was made taxable w.e.f 1-10-2010. Thus the writ petition was dismissed.

The assessees have to be careful while filing the return as there are cases where unintentional mistakes result in such errors.

 

The copy of the order is as under:

 

Whether Intimation u/s 143(1) can be subject matter of revision u/s 264 of Income-tax Act,1961?