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TaxTMI 
TaxTMI 
TaxTMI 
2015 (8) TMI 1157
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....bad setting aside the original assessment made u/s.143(3) and directing to pass afresh order in respect of eight points is wholly illegal, unlawful and against the principles of natural justice. 1.2 The Ld. CIT has grievously erred in law and or on facts in not allowing sufficient and specific opportunity of hearing before passing the impugned order. The CIT had allowed very short time to comply with the notices which the appellant was unable due to his political and other assignments. Hence the appellant should be allowed to produce additional evidence during the appeal proceedings. 2.1 The Ld.CIT has grievously erred in law and on facts in holding that the original assessment made by AO was erroneous and prejudicial in as much as the ....
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....fend his case. He submitted that the ingredients for invoking the provisions of section 263 of the Act were not satisfied. He pointed out that the ld.CIT has recorded in his order that a show cause notice was issued on 01/12/2012 but none attended on 04/12/2012. He further recorded in his order that opportunity of hearing was given to the assessee vide letter dated 22/01/2013 to be complied on 29/01/2013. The ld.counsel for the assessee submitted that on the first occasion when show cause notice was issued on 01/12/2012 only three days were given to comply with. He further pointed out that even in the second opportunity, only seven days were there from the date of issue of the letter for compliance of the letter. For the reasons best known ....
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.... 04/12/2012. It is recorded by the ld.CIT that another opportunity was given vide letter dated 22/01/2013, whereby the assessee was called upon to attend the hearing on 29/01/2013 and on this date also, none appeared on behalf of assessee. Therefore, ld.CIT proceeded to pass the impugned order in the absence of the assessee. Undisputedly, on both occasion, the ld.CIT has given total period of seven days from the date of issue of letter to the date of hearing. The ld.counsel for the assessee has filed paper-book, wherein he has pointed out that the AO had examined all the details on the basis which the ld.CIT has passed the impugned order. The ld.CIT has revised the order on the basis that no proper enquiry was made by the AO. However, the l....
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....009 submitted the said details. Thereafter the AO issued notice u/s 143(1) dt. 24-12-2009 with detailed questionnaire which included many items as stated in the revisionary proceedings. The appellant vide letter dt. 9-1-2010 furnished said details. The appellant also submitted details on 3-2-2010 and 19-4-2010.The AO after verification of the said details completed assessment u/s 143(3) on 28-5-2010 on the total income of Rs. 1,76,76,023 after making addition/disallowances aggregating to Rs. 3,05,903/-. 2.2 Thereafter, the proceedings u/s 263 were initiated by CIT-A'bad-III vide notice dt. 27-11-2012 in respect of the following items of income: (i) Cash deposits of Rs. 28 lakhs in Canara Bank a/c. (ii) Income from sale of immovabl....
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....t made.However, reply dt. 9-1-2010 states copy of bank a/cs filed (P-30) 2 Sale of immovable property Item No.14 of notice dt 24-12-2009 and see reply dt 9-1-2010 (P-32). No such sale made as noticed from final a/cs. The AO has not made any addition on this count in fresh order passed u/s.143(3) r.w.s. 263 dt. 11-2-2014. 3 Sale of land & Bldg as Capital gains Item No.16 of notice dt 24-12-2009. The sale as dealer in land shown separately in P&L a/c (P-9) 4 Profit as confirming party Details as per page 54 of paper book and details given as per (p-56). There cannot be a business to deal in Banakhat rights by the assessee. 5 Lease Rent Item No.18 of notice dt 24-12-2009 (See details given as per page-50). There was no discrepancy ....
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....wered to call for the record and examine the record and make inquiry as he deems proper before passing the order thereon as the circumstances justify. It is expected from the ld.CIT in the event of invoking the provisions of section 263 of the Act he would afford sufficient opportunity to the assessee for representing and defending his case. In the case in hand, the assessee was given two opportunities of seven days each including the period taken for service of notice/letter. Under these facts, we are of the considered view that the assessee was not granted sufficient opportunity to defend his case. It is settled principle of law that revisionary power is required to be exercised with a great caution because it affects the taxpayer's right....