2009 (5) TMI 18 - DELHI HIGH COURT

Opportunity of being heard - Order-in-Revision refers to issues and discrepancies which did not find mention in the initial notice - Therefore, to suggest that it would be sufficient compliance of the provisions of Section 263, if an opportunity to respond to the discrepancies mentioned in the Order-in-Revision is given to the assessee in reassessment proceedings before the Assessing Officer, is according to us is completely untenable - It is the requirement of Section 263 that the assessee must have an opportunity of being heard in respect of those errors which the Commissioner proposes to revise. To accord an opportunity after setting aside the assessment order, would in our view not meet the mandate the Section 263