Revision under
Section 264 vis-à-vis Appeal under Section 246A: Scope of Discretion, Errors in
Return and the Preventive Role of Revisional Jurisdiction — An Analysis of the
Bombay High Court decision in Swaminarayan Mandir Trust
The recent
decision of the Bombay High Court in Swaminarayan Mandir Trust Versus
Commissioner of Income Tax (Exemptions), Mumbai & Ors., Writ Petition No.
2162 of 2025, decided on 24 December 2025, once again brings into sharp focus
the true width and remedial character of the revisional jurisdiction under
Section 264 of the Income-tax Act, 1961, particularly when juxtaposed with the
appellate remedy available under Section 246A. The judgment is significant not
merely for charitable trusts claiming exemption under Section 11, but for all
assessees who, owing to inadvertent or bona fide errors in return filing, find
themselves denied substantive relief despite being otherwise eligible in law.
At the outset,
it is important to appreciate the statutory framework. Section 143(1) provides
for summary processing of returns through an automated mechanism, with limited
adjustments permitted by statute. Section 154 enables rectification of mistakes
apparent from the record, but its scope is narrowly circumscribed and does not
extend to debatable issues or matters requiring detailed examination.
Section 246A
enumerates appealable orders, including intimations under Section 143(1),
thereby conferring on the assessee a right of appeal.
Section 264, on
the other hand, confers revisional powers on the Commissioner, enabling him to
call for records, make inquiries, and pass such orders as he thinks fit,
subject to the condition that no appeal lies or that no appeal has been filed.
Unlike appellate jurisdiction, revision under Section 264 is intended as a
benevolent, corrective jurisdiction, designed to mitigate hardship and prevent
miscarriage of justice.
This appellate
remedy is adversarial in nature and proceeds on grounds of challenge to the
correctness, legality or propriety of the order appealed against. In contrast,
Section 264 embodies a distinct and independent revisional jurisdiction,
intended to operate as a corrective and equitable mechanism where an assessee
seeks relief from an order which is prejudicial to him, irrespective of whether
such order is appealable, so long as no appeal has actually been filed. The
statute does not mandate exhaustion of the appellate remedy as a condition
precedent to invoking Section 264, nor does it prescribe that an appeal must be
preferred in priority to revision. The choice of remedy is consciously left to
the assessee, and the revisional authority cannot decline jurisdiction merely
because the order impugned could have been appealed under Section 246A. The
High Court reiterated that revision under Section 264 is not an inferior or
residual remedy, but a substantive statutory right designed to prevent miscarriage
of justice, particularly in situations where the assessee seeks rectification
of bona fide errors, omissions or inadvertent mistakes which may not squarely
fall within the narrow confines of appellate adjudication or rectification
under Section 154. The Court thus reaffirmed that appeal and revision operate
in parallel statutory domains, serving different remedial purposes, and that
the existence of an appellate remedy under Section 246A does not eclipse,
dilute or curtail the wide discretionary powers vested in the Commissioner
under Section 264, provided the statutory conditions for invoking revision are
otherwise satisfied
In the present
case, the petitioner trust, registered under Section 12A and otherwise entitled
to exemption under Section 11, filed its return for Assessment Year 2018–19
declaring income of Rs. 16.46 lakhs. Owing to inadvertent punching errors and
incorrect disclosure of receipts in inappropriate schedules, the return, when
processed under Section 143(1), resulted in denial of exemption and creation of
a tax demand. Notably, the acknowledgment of return still reflected the correct
tax liability and refund, reinforcing the assessee’s bona fide belief that the
return particulars were accurate. Multiple rectification applications under
Section 154 failed on the ground that there was no “mistake apparent from the
record”. Faced with this impasse, the assessee invoked Section 264, seeking
revision of the intimation. The Commissioner, however, rejected the revision on
the reasoning that the return had been processed strictly on the basis of
figures furnished by the assessee and that similar errors in other years showed
negligence on the part of the trust.
The High Court
categorically disapproved this approach. One of the central issues addressed
was whether an assessee has a discretion to choose between filing an appeal
under Section 246A and invoking revision under Section 264. The Court answered
this in the affirmative, holding that there is nothing in the statute which
mandates that an assessee must necessarily pursue the appellate remedy where
the revisional remedy is otherwise available. Consistent with earlier
precedents, the Court reiterated that the Commissioner cannot refuse to
exercise revisional jurisdiction merely because the order sought to be revised
is appealable. The choice of remedy lies with the assessee, and the existence
of an appellate remedy does not eclipse the revisional power, so long as no
appeal has been filed.
Equally
important is the Court’s exposition on the scope of Section 264 in dealing with
errors committed by the assessee itself. The Revenue’s contention that Section
264 can only correct errors of subordinate authorities, and not mistakes
originating in the return filed by the assessee, was emphatically rejected.
Relying on a consistent line of Bombay High Court authority, including Pramod
R. Agrawal, Diwaker Tripathi, Bahar Infocons (P.) Ltd. and Hapag Lloyd India
Pvt. Ltd., the Court reaffirmed that Section 264 confers wide and plenary
powers. These powers extend to granting relief even where the assessee, due to
human error or inadvertence, failed to make a legitimate claim in the return or
disclosed particulars incorrectly. The underlying principle is that an assessee
should not be subjected to tax which is not otherwise exigible in law merely
because of clerical or procedural mistakes.
The judgment
also clarifies the oft-misunderstood application of the Supreme Court’s
decision in Goetze (India) Ltd. v. CIT. The Revenue’s reliance on Goetze to
contend that new claims cannot be entertained without a revised return was held
to be misplaced. The High Court correctly distinguished Goetze as a decision
rendered in the context of assessment proceedings and the powers of the
assessing authority, not in the context of revisional jurisdiction under
Section 264. The Court reiterated that Goetze does not curtail the powers of
the Commissioner under Section 264, which are meant to operate as a safety
valve against technical denials of substantive relief.
From a
jurisprudential perspective, the decision reinforces the remedial philosophy
embedded in Section 264. The revisional power is not adversarial or punitive;
it is corrective and equitable. It obliges the Commissioner to apply his mind
to the real taxability of the assessee and to ensure that the charge of tax
aligns with substantive law rather than procedural lapses. The Court’s emphasis
on the absence of mala fides, deliberate misstatement, or tax evasion intent
further underscores that where errors are plainly human and bona fide, the tax
administration must respond with fairness rather than rigidity.
In conclusion,
the ruling in Swaminarayan Mandir Trust decisively settles two critical
propositions. First, an assessee has a statutory discretion to choose between
appeal under Section 246A and revision under Section 264, and the revisional
authority cannot abdicate jurisdiction merely because an appeal was possible.
Second, the scope of Section 264 is wide enough to correct even those errors
which originate from the assessee’s own return, including incorrect disclosures
and omission of legitimate claims, provided the relief sought is otherwise
tenable in law. The decision serves as an important reminder that tax
administration is ultimately concerned with lawful taxation and not with
penalising procedural imperfections, and it restores Section 264 to its
rightful place as a potent instrument for preventing miscarriage of justice.
Disclaimer:
This article is
intended solely for academic and professional discussion for tax practitioners
and scholars. It reflects the author’s understanding and interpretation of the
judicial decision discussed and the statutory provisions as on the date of
writing. It does not constitute legal advice or a professional opinion. Readers
are advised to examine the original judgment, relevant statutory provisions,
and applicable case law, and to seek independent professional advice before
acting on the basis of the contents of this article.
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