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TMI Blog2018 (10) TMI 1512X X X X Extracts X X X X X X X X Extracts X X X X ..... ally different. The above decision of the Hon'ble Supreme Court in the case of Amitabh Bachchan would squarely apply to the facts and circumstances of this case, that the Commissioner of Income Tax was not denuded of his powers to decide the matter as detailed in the order dated 30.3.1998 and that there was no requirement of issuance of any show cause notice. - Decided against assessee. - Tax Case Appeal No.1370 of 2008 - - - Dated:- 11-10-2018 - Mr. Justice T.S. Sivagnanam And Mrs. Justice V. Bhavani Subbaroyan For the Appellant : Mr.Vijayaraghavan For the Respondent : Mrs.R.Hemalatha, SSC JUDGMENT T.S.SIVAGNANAM, J. This appeal, by the assessee under Section 260A of the Income Tax Act, 1961 (for brevity, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 30.3.1998 before the Tribunal by contending that the contents of the order under Section 263 of the Act were not related to the said show cause notice issued in this regard. The Tribunal, though accepted the case as projected by the assessee, while setting aside the order dated 30.3.1998, remanded the matter to the Commissioner of Income Tax for de novo consideration. 4. Before us also, the learned counsel for the appellant would urge that the order passed under Section 263 of the Act was on a totally different ground, which was not contained in the said show cause notice dated 22.1.1997. In support of his contention, the learned counsel has referred to the decision of the High Court of Delhi in the case of CIT Vs. Ashish Rajpal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itions that have to be conjointly present. Once such satisfaction is reached, jurisdiction to exercise the power would be available subject to observance of the principles of natural justice, which is implicit in the requirement cast by the Section to give the assessee an opportunity of being heard. It is in the context of the above position that this Court has repeatedly held that unlike the power of reopening an assessment under Section 147 of the Act, the power of revision under Section 263 is not contingent on the giving of a notice to show cause. In fact, Section 263 has been understood not to require any specific show cause notice to be served on the assessee. Rather, what is required under the said provision is an opportunity of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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