2012 (9) TMI 829

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....3 of the Income-tax Act can call for and examine the record of any proceeding, if he considers that any order is erroneous and prejudicial to the interests of revenue. Therefore, it is only the Commissioner of Income-tax, who has to apply his mind after examining the record of any proceeding and his satisfaction is must, whereas in the instant case, a finding has been recorded by the Tribunal that the CIT has nowhere recorded his satisfaction, but it was the satisfaction of Income-tax Officer (Technical), who is not competent to revise order under Section 263 of the Act. The said order is impugned in the instant appeal. 2. Brief facts of the present case are that the assessee is a civil Contractor, who filed his return for the Assessment Y....

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....or in not appreciating that assessee had not objected to the notice but had participated in the revision proceedings and could not thus raise the issue of proceedings being void on the ground of improper notice for first time at the appellate stage. 5. Considered the submissions made by the learned Counsel for the appellant and perused the impugned judgment and order.To adjudicate the matter, it is imperative to have a look into the provisions of Section 299BB and 263(1) of the Act, which read as under:- "299BB Notice deemed to be valid in certain circumstances --Where an assessee has appeared in any proceeding or co-operated in any inquiry relating to an assessment or reassessment, it shall be deemed that any notice under any provision o....