Revision in favour of assessee — Section 264

What this section is

Section 264 is the assessee's revision remedy. The Commissioner may, on application, revise an order to the extent it is prejudicial to the assessee. It is discretionary and is most useful where the appeal window has lapsed or where no appeal lies (e.g. against a 143(1) intimation in some cases).

When it is issued

Always on application by the assessee, accompanied by the prescribed fee.

What you should do

1. 1Verify that no appeal has been filed and the order is not under any other proceeding.
2. 2File Form within one year along with the supporting evidence and a detailed grounds-of-revision.
3. 3Be prepared for a personal hearing — section 264 hearings are usually granted.

Documents typically needed

• Order to be revised
• Computation and supporting evidence
• Form along with prescribed fee challan

Common mistakes

• Filing 264 when an appeal under 246A is still maintainable — the Commissioner cannot then exercise revision.
• Missing the one-year limitation.