2004 (8) TMI 19

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..... ection 256(2) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the opinion of this court: "1. Whether, on the facts and in the circumstances of the case, was the Tribunal justified in setting aside the order of the Appellate Assistant Commissioner and remanding the case after giving the requisite notice and instead of annulling the order of the Income-tax Officer?" Briefly .....

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..... ontinue the registration of the firm for the assessment year 1965-66. Aggrieved, the respondent-assessee preferred an appeal. The Appellate Assistant Commissioner held that refusal to continue the registration of the firm without giving the prescribed notice of 14 days was not justified. He, therefore, directed the Income-tax Officer to give to the assessee the notice of 14 days and then decide as .....

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..... dispute that the assessment was made under section 144 of the Act and, therefore, in terms of section 186(2), the registration has rightly been cancelled. He further submitted that even if the required notice of 14 days was not given, the Tribunal instead of granting registration, ought to have remanded the matter back to the assessing authority for complying with the requirement of notice. Secti .....

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..... 14 days intimating the intention to cancel its registration and has also to afford a reasonable opportunity of being heard. The Income-tax Officer does not assume the jurisdiction for cancelling the registration of a firm upon issue of a notice. The requirement of giving 14 days' notice and affording a reasonable opportunity of being heard, is only to inform the assessee regarding the proposed ca .....

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..... the Appellate Assistant Commissioner of Income-tax while deciding the appeal. In view of the foregoing discussion, we are of the considered opinion that the Tribunal has committed an error in annulling the order passed by the Income-tax Officer and directing for continuation of the registration. The proper course would have been to uphold the order of the Appellate, Assistant Commissioner who ha .....

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