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TMI Blog2016 (1) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is a partnership firm. There was a search and seizure operation under section 132 of the I.T. Act in the case of M/s. MBS Jewellers P. Ltd., and its group cases on 11.03.2010. During the course of search, certain documents were found and seized relating to M/s. Aashi Plywood Industries i.e., assessee herein. Accordingly, notice under section 153C was issued by the A.O. to the assessee on 22.11.2011 for the A.Ys. 2006-07 to 2009-10 and for A.Y. 2010-2011 notice under section 142(1) was issued on 22.11.2011, in response to which, assessee filed its returns of income for all the relevant assessment years. During the assessment proceedings, the A.O. called for various details from the assessee. However, since there was no response from the assessee, the assessment was completed by the A.O. under section 144 read with section 153C for A.Ys. 2006-07 to 2009-10 and under section 144 read with section 153C for the A.Y. 2010-11 making various disallowances and additions. Subsequently, the Ld. CIT called for the assessment records in assessee s case by exercising the powers vested in him under section 263 of the I.T. Act and revised the assessment orders for all the years after iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 263 vide his letter dated 14.03.2014 and on the very same day, the Ld. CIT has also issued notice under section 263 of the I.T. Act. According to the Ld. Counsel for the assessee, this fact that the recommendations were received and the notice was issued on the same day, indicates the non-application of mind of the Ld. CIT to the facts of the case before issuing notice under section 263. Therefore, according to him, the decision of ITAT in the case of Dharmendra Kumar Bansal vs. CIT (supra) is applicable and the revision proceedings are to be declared as invalid. 4. The Ld. D.R. on the other hand, submitted that the recommendations of the A.O. were accompanied by the assessment records and therefore, it is to be presumed that the Ld. CIT has gone through the assessment records to make up mind as to whether revision proceedings are to be initiated or not and upon being satisfied about the requirement to revise the assessment order only, the notice under section 263 of the I.T. Act has been issued. Therefore, according to him, the additional ground of appeal raised by the assessee is not sustainable. 5. Having regard to the rival contentions and the material on record, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of notice under s. 263 of the Act on the basis of the proposal made by the ITO was void ab-initio; We, therefore, set aside the same. For the aforesaid view, we are fortified by the various judicial pronouncements relied by the learned counsel for the assessee. 5.1. In the case before us, the Ld. CIT has received the proposal from the A.O. for revising the assessment order and also issued notice under section 263, both on the same date. On our direction, the Ld. D.R. has filed copies of the proposals under section 263 of the Act as well as the notice under section 263 which are both dated 14.03.2014. It is also seen from the same that reasons for initiating the proceedings under section 263 of the Act brought to the notice of the Ld. CIT by A.O. in the proforma for initiating proceedings, are reflected as the reasons for revising the assessment order. Thus, it is clear that the Ld. CIT has accepted the proposal of the A.O. without any further application of mind on his part. The Ld. D.R s contention that the proposals are accompanied by the assessment records and therefore, it is to be presumed that the Ld. CIT has independently applied his mind to the said proposal may b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p.m. You may appear either in person on the said date at my office or through your authorized representative and furnish your explanation in writing. Yours faithfully, Sd/- (A.K.SATAPATHY) Commissioner of Income Tax (Central) Hyderabad. Copy to: The Addl. Commissioner of Income tax, Central Range-3, Hyderabad. The Asst. Commissioner of Income tax, Central Circle-8, Hyderabad, with a direction to serve the notice on the assessee. *** Office of the Assistant Commissioner of Income-tax Central Circle-8, Hyderabad F.No.ACIT,CC-8/263/13-14 Dt.14-03-2014 Proforma for initiating proceedings u/s.263 for obtaining the approval of the Commissioner of Income-tax (Central), Hyderabad. 1 Name and address of the assessee M/s. Aashi Plywood Industries, Plot No.5,6,7,18,19 20, IDA, Patancheru, Hyderabad. 2 PA No./Asst. Year/Status AADFP9625M/2008-09/FIRM 3 Ward/Circle/Range Central Circle-8, Hyderabad. 4 Order u/s. Date of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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