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TMI Blog2013 (12) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... m the grounds raised in the impugned appeals - The ground on which section 263 is invoked is relating to non-initiation of concealment penalty which is not subject matter of appeal before the ld. CIT(A) - The issue was restored for fresh adjudication. - ITA No.3928/Mum/2012, ITA No.3929/Mum/2012 - - - Dated:- 21-10-2013 - Shri I. P. Bansal And Shri Rajendra,JJ. For the Petitioner : Shri Snehal J. Shah For the Respondent : Shri K. C. Patnaik ORDER Per I. P. Bansal, JM:- Both these appeals are filed by assessee. They are directed against consolidated order dated 30.03.2012 passed by the ld. CIT(A) in respect of assessment years 1999-00 and 2000-01. The grounds of appeal in both the appeals are identical except difference ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pening proceeding be set aside as being in valid and bad in law. Without prejudice to above. VI 1) The ACIT erred in reopening assessment u/s 147 without any basis or reason to believe that the income had escaped assessment. 2) The appellant prays that the reopening proceeding be set aside as invalid and bad in law. VII 1) The ACIT erred in holding that DEPB license income is a receipt not covered in terms of clause (iia), (iiib) or (iiic) of Sec 28 of the Act and consequently, excluding such DEPB income while determining the profits of the business for computing deduction u/s 80HHC. 2) The appellant prays that it be held that DEPB income should not be excluded while computing deduction u/s 80HHC. Without prejudice to above. V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjournment request made by the Assessee was accepted has proceeded to decide the appeal filed by the Assessee on the basis of two letters of Assessing Officer. In the letter submitted by Assessing Officer dated 16.01.2012 it was informed that proceedings u/s. 263 have been initiated against the impugned assessment orders. Subsequently, AO furnished another letter before ld. CIT(A) which is dated 30.03.2012, in which he informed that the order u/s. 263 has already been passed. The final finding given by CIT in the order u/s.263 are also reproduced in the order of ld. CIT(A). After reproducing those findings ld. CIT(A) has dismissed the appeal filed by the Assessee on the ground that since vide order dated 16.03.2012 passed u/s. 263 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the assessment years. In our considered opinion, ld. CIT(A) has committed an error in dismissing the appeals filed by assessee for more than one reasons. Firstly; he did not provide reasonable opportunity to the Assessee of being heard. Secondly; the order passed u/s. 263 cannot come into the way of ld. CIT(A) to dispose the appeal filed by assessee against impugned assessment orders as these proceedings are independent proceedings. If proceedings u/s. 263 are held to be invalid then the impugned assessment orders will stand and matter would be required to be adjudicated on merits. The ground on which ld. CIT has invoked section 263 is entirely different from the grounds raised in the impugned appeals. The ground on which section 263 is i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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