2023 (7) TMI 901 - AT - Income Tax

Revision u/s 263 - validity of notice as issued by the ITO who is below the rank of ld. PCIT - HELD THAT - ITO has no power to initiate the notice u/s 263 which vitiated the entire proceeding of section 263. The statute never permitted in section 263 for delegation of power to the authority below for issuance of notice for initiation of proceedings. We respectfully relied on the case Alcon Resort Holdings Ltd. 2022 (4) TMI 862 - BOMBAY HIGH COURT We fully relied on the maxim delegatus non protest delegare sets. The delegation if possible if permitted by the law. DR was unable to place any judgment against the submission of assessee. Accordingly, the notice issued U/s 263 is invalid. The order passed by the ld. PCIT is void and liable to be quashed. Decided in favour of assessee.

Summary

Issues Involved:
The judgment involves issues related to the delay in filing the appeal, revision of assessment order u/s 263 of the Income Tax Act 1961, delegation of powers for initiating proceedings, jurisdiction of the assessing officer, and validity of the notice issued u/s 263.

Delay in Filing Appeal:
The appeal was filed with a delay of 334 days, which was condoned by the order of the Hon'ble Supreme Court due to the Covid Pandemic.

Revision of Assessment Order u/s 263:
The Principal Commissioner of Income Tax-1 revised the assessment order for A.Y. 2011-12 u/s 263, citing errors in verification of cash deposits and exemption claimed u/s 54. The order was set aside for further verification, leading to the appeal by the assessee.

Delegation of Powers and Jurisdiction:
The appeal raised concerns about the initiation of proceedings u/s 263 by an Income Tax Officer below the rank of the Principal Commissioner, questioning the validity of delegation of powers and jurisdiction. Legal arguments were presented citing relevant case laws to challenge the validity of the notice issued u/s 263.

Validity of Notice Issued u/s 263:
The notice u/s 263 was issued by an Income Tax Officer below the rank of the Principal Commissioner, which was argued to be invalid as per the provisions of section 263. The delegation of power for issuing such notices was contested, and the order passed by the Principal Commissioner was deemed void and quashed.

Conclusion:
The appeal was allowed based on the invalidity of the notice issued u/s 263 by an officer below the rank of the Principal Commissioner, highlighting the importance of adherence to statutory provisions and delegation of powers. The rest of the grounds were considered for academic purposes only, and the appeal was ultimately allowed in favor of the assessee.

This summary provides a detailed overview of the issues involved in the legal judgment, highlighting the key arguments and decisions made by the Appellate Tribunal ITAT Amritsar.