9911796707
TMI Blog2013 (3) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessee. Since the show cause notice was limited to the matters u/s 32 AB and 80 HHC therefore, the assessee has not been given any opportunity of hearing, which alone will permit the CIT to exercise the revisional jurisdiction under Section 263. Therefore, no illegality in the order passed by the Tribunal, which may give rise to any substantial question of law. The argument that matter should have been remanded by the Tribunal is a question of law does not merit. In fact, the order of the Tribunal is categorical that the show cause notice was quashed only in respect of matters which were not subject matter of the show cause notice. There was no bar with the Revenue to issue show cause notice in respect of matters not covered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its claim u/s 32 AB and 80 HHC? An assessment was initially framed under Section 143(3) of the Act on 22.07.1991. The same was rectified under Section 154 of the Act on 31.12.1991. Another order was passed under Section 154 of the Act on 12.03.1992. The order of assessment as rectified was set aside by the Commissioner of Income Tax on 11.01.1993 exercising the jurisdiction under Section 263 of the Act. In terms of the order passed by the Commissioner of Income Tax, the Assessing Officer reframed the assessment on 30.03.1993. Appeal against the said order was partly allowed by the Commissioner of Income Tax on 03.02.1995. In further appeal, the Tribunal found that the Commissioner of Income Tax has only proposed to re-compute the relief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax, West Bengal, II Vs. Elector House (1971) 82 ITR 824. We have heard learned counsel for the petitioner and find no merit in the argument raised. Section 263 of the Act empowers the Commissioner of Income Tax to call for and examine the record of any proceeding, if he finds that any order passed therein by the Income Tax Officer is erroneous in so far as it is prejudicial to the interests of the revenue, but such order can be passed after giving an opportunity of being heard to the assessee. Since the show cause notice was limited to the matters under Sections 32 AB and 80 HHC of the Act, therefore, the assessee has not been given any opportunity of hearing, which alone will permit the Commissioner of Income Tax to exercise the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
