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TMI Blog2023 (4) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... nish the required details called for by the lower authorities. In view of our decision to restore the issue back to PCIT, we are not adjudicating on merits the grounds raised by the assessee. Thus the grounds of assessee are allowed for statistical purposes. - ITA No. 681/Del/2022 - - - Dated:- 7-3-2023 - Sh. Anil Chaturvedi, Accountant Member And Sh. Chandra Mohan Garg, Judicial Member For the Assessee : Shri Gautam Jain, Adv. For the Revenue : Shri T. James Singson, CIT-D.R. ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the assessee is directed against the order dated 23.03.2022 of the Pr. Commissioner of Income Tax (Appeals)-Noida relating to Assessment Year 2017-18. 2. Brief facts of the case as c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 263 of the Act by the learned Pr. Commissioner of Income Tax, Noida has been made without satisfying the statutory preconditions contained in the Act and is therefore without jurisdiction and thus, deserves to be quashed as such. 2. That the learned Pr. Commissioner of Income Tax has failed to appreciate that once the learned Assessing Officer on examination of the facts on record and after making all possible enquiries had accepted claim of the appellant then such an order of assessment could not be regarded as erroneous in as much as prejudicial to the interest of revenue merely because the learned Commissioner of Income Tax had a different opinion and that too, without having established in any manner that, view adopted by the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y was not based on correct appreciation of facts and in law and therefore unsustainable. 6. That the learned Principal Commissioner of Income Tax has failed to appreciate that invocation to Explanation 2 of section 263(1) of the Act in the impugned order without any opportunity in the show cause notice dated 07.03.2022; the impugned order is illegal, invalid and without jurisdiction. 7. That the learned Pr. Commissioner of Income Tax has also failed to appreciate that, u/s 263 of the Act, an order of assessment cannot be set- aside to simply to make further enquiries and thereafter pass fresh order of assessment and as such, impugned order is contrary to law and hence, unsustainable. 8. That while passing the order u/s 263 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and perused the material available on record. The perusal of order of PCIT passed u/s. 263 reveals that PCIT has passed only on the basis of material on record. It order is a well settled principle of natural justice that sufficient opportunity of hearing should be offered to the parties and no parties should be condemned unheard. In view of these facts, we are of the view that assessee deserves proper opportunity of hearing. In such circumstances, we set aside the impugned order of PCIT and restore the issue to the file of PCIT for re-adjudication of the issues. Needless to state that PCIT shall grant sufficient opportunity of hearing to the assessee. Assessee is also directed to promptly furnish the required details called for by the low ..... X X X X Extracts X X X X X X X X Extracts X X X X
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