1997 (6) TMI 13 - HC - Income Tax

Invalidity of Order under Section 263: Importance of Procedural Fairness

The High Court held that the order under section 263 was invalid as the assessee was not given a proper opportunity to be heard. The Court emphasized the ... Orders Prejudicial To Interests Issues involved: The judgment involves a reference u/s 256(1) of the Income-tax Act at the instance of the Revenue, addressing two questions of law regarding the validity of the order passed by the Commissioner of Income-tax u/s 243 and the necessity of issuing a fresh notice u/s 263.Validity of Order u/s 243:The assessment order for the year 1985-86 was deemed erroneous and prejudicial to the Revenue, leading to proceedings u/s 263. The Commissioner sent a telegraphic notice to the assessee for appearance without detailed reasons, which was refused an adjournment. The Tribunal held that the order under section 263 was invalid due to lack of opportunity for the assessee to be heard, emphasizing the necessity of a valid notice bearing the officer's signature and office seal as per legal precedents.Necessity of Fresh Notice u/s 263:The Tribunal, in line with legal requirements, emphasized that notices u/s 263 must contain reasons for exercising revisional jurisdiction. The court highlighted that the telegram notice sent to the assessee lacked essential reasons, depriving the assessee of a fair opportunity to respond. Citing legal precedents, the court affirmed that the notice must be served in the manner prescribed by law, either by post or summons, and must clearly state the grounds for revisional action. The judgment upheld the Tribunal's decision, ruling in favor of the assessee and against the Revenue on both questions of law.