section 264

Querist : Anonymous (Querist) 31 May 2010 This query is : Resolved
can any one pls give me the format of mercy petation to commessioner of income tax act.

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Vineet (Expert) 31 May 2010
It is not mercy petition but revision application which is to be filed u/s 264 if certain orders passed by lower authorities are prejudicial to the interest of the assessee.

The powers of CIT under section 264 are not discretionary and he has to act as per provisions of Act and law.

There is specific format for application u/s 254 except that a fee of Rs 500 is payable.

No further appeal lies against the order u/s 264 except invoking writ jurisdiction under article 226 of the jurisdictional high court.

Kumar Thadhani (Expert) 31 May 2010
If you any type of greivance against the order of your AO, or any type of order passed by the AO the which is prejudical to the interest of the assesse which has time-barred by the provision of the Income-tax Act 1961, on the orginal side,but the time lapse should not be more than one year.The you can approach the The Commissioner Of Income-Tax OFyour jurisdiction u/s 264 of this Act.

Jagmohan Rawat (Expert) 01 June 2010
There is no prescribed format for the same. You have to simply file revision application to the CIT along with requisite fee of Rs.500 within one year from the date of communication of the order.

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