The ITAT held that the order passed by the Commissioner of ...

Tax authority's order u/s 263 quashed due to improper notice service & time limitation breach.

December 12, 2024

Case Laws     Income Tax     AT

The ITAT held that the order passed by the Commissioner of Income Tax (Appeals) [CIT(E)] u/s 263 of the Income Tax Act was quashed. The notice issued u/s 263 was not validly served on the assessee, either through registered post or email, before the hearing date. The notices were served only after the hearing date, violating the principles of natural justice. Additionally, the CIT(E)'s order was passed after the two-year limitation period prescribed u/s 263(2) had expired. Relying on the judgments of M L Chains and Tulsi Tracom (P) Ltd., the ITAT ruled in favor of the assessee, quashing the CIT(E)'s order due to invalid service of notice and the expiry of the limitation period.

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