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2019 (7) TMI 643 - HC - Income TaxRevision u/s 263 - notice preceding the order u/s 263 was sent to the Assessee at the wrong address - sufficient opportunity was not granted to the Assessee to oppose the notice u/s 263 - HELD THAT - On this short ground, the ITAT has remanded the matter to the PCIT for passing a fresh order after hearing the Assessee. It is plain to this Court that the remand would not result in the PCIT coming up with new grounds for reopening the assessment under Section 263 of the Act. Those grounds have already been set out in the show cause notice issued by the PCIT. All that the PCIT has now to do is to give the Assessee a hearing and pass a fresh order on merits, obviously uninfluenced by the earlier order passed by the PCIT. If the Assessee is aggrieved by such a fresh order, it will obviously be open to the Assessee to seek further remedies in accordance with law.
Issues:
Challenge to order of ITAT remanding matter back to PCIT after setting aside order under Section 263 of the Income Tax Act due to failure to serve notice upon Assessee. Analysis: The petition challenges an order by the ITAT for Assessment Year 2008-09, setting aside the order passed by the PCIT under Section 263 of the Income Tax Act, 1961, due to failure to serve notice upon the Assessee. The ITAT remanded the matter back to the PCIT for passing a fresh order after hearing the Assessee. The Appellant argues that ITAT should have dealt with other grounds challenging the PCIT's order on merits instead of remanding the matter. The Appellant relies on a previous decision where it was held that no order can be passed under Section 263 of the Act after two years from the end of the financial year in which the order sought to be revised was passed. The Revenue argues that the previous case cited by the Appellant had different facts and did not address the applicability of Section 263(3) of the Act, which exempts the two-year time limit when the revision is pursuant to an order of an Appellate Court or the ITAT. The Court finds that the previous case cited by the Appellant is distinguishable on facts as in that case, although the notice was sent to the wrong address initially, it was subsequently sent to the correct address shortly before the hearing date set by the PCIT. The Court held that the Assessee was not given sufficient opportunity to oppose the notice under Section 263 of the Act. In the current case, the notice preceding the order under Section 263 of the Act was sent to the Assessee at the wrong address. The ITAT remanded the matter to the PCIT for a fresh order after hearing the Assessee. The Court notes that the remand will not lead to the PCIT introducing new grounds for reopening the assessment as those grounds were already outlined in the show cause notice. The PCIT is instructed to provide the Assessee with a fair hearing and pass a fresh order on merits without being influenced by the previous order. If the Assessee is dissatisfied with the new order, they can seek further remedies in accordance with the law. Consequently, the Court sees no reason to interfere with the ITAT's decision and dismisses the appeal accordingly.
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