2013 (3) TMI 537

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....er Section 256(2) of the Income Tax Act, 1961 (for short 'the Act') raising following substantial questions of law arising out of an order dated 19.08.1998 passed by the Income Tax Appellate Tribunal (for short "the Tribunal") in respect of assessment year 1990-91: "(i) Whether on the facts and in the circumstances of the case the Hon'ble ITAT was right in law in quashing the order of the Commiss....

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....ent was initially framed under Section 143(3) of the Act on 22.07.1991. The same was rectified under Section 154 of the Act on 31.12.1991. Another order was passed under Section 154 of the Act on 12.03.1992. The order of assessment as rectified was set aside by the Commissioner of Income Tax on 11.01.1993 exercising the jurisdiction under Section 263 of the Act. In terms of the order passed by the....

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.... items which do not form the subject matter of the show cause notice issued u/s 263 in respect of which there is no material on record and that the assessee was subsequently put on notice, either in writing or verbally, by the Commissioner indicating the intention to pass an order in respect of such new items. The statement of the ld. Counsel before us to the same effect stands unrebutted by the l....

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....ssioner of Income Tax to call for and examine the record of any proceeding, if he finds that any order passed therein by the Income Tax Officer is erroneous in so far as it is prejudicial to the interests of the revenue, but such order can be passed after giving an opportunity of being heard to the assessee. Since the show cause notice was limited to the matters under Sections 32 AB and 80 HHC of ....