2012 (6) TMI 805

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....appeal the assessee has raised the following grounds :- "1. For that in the facts and circumstances of the case, the Ld. CIT. erred in violating the principles of natural justice by not the mentioning the grounds for initiating action u/s 263 of Income Tax Act, 1961 in the show cause notice issued. As such, the order passed u/s 263 is void abinitio. The action of the Ld. CIT was wholly unreasonable, uncalled for and bad in law. 2. For that in the facts and circumstances of the case, the Ld. CIT erred in not passing a speaking order against the submissions of your appellant. As such, the order passed u/s 263 is void ab-initio. The action of the Ld. CIT was wholly unreasonable, uncalled for and bad in law. 3. For th....

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....red as erroneous in so far as the AO had followed the judicial discipline in not making additions in respect of the rebate claimed by assessee u/s 88E of the IT Act which the ld. CIT was of the view that it was subjudiced in so far as the order of the Tribunal was the subject matter of the appeals before Hon'ble Jurisdictional High Court. It was the submission that as the show cause notice itself was incomplete and non-specific and the show cause notice was issue and the consequential order passed u/s 263 of the IT Act. In reply the ld. DR vehemently supported the order passed u/s 263 of the I.T.Act. It was the submission that substantive amount of opportunity was granted to the assessee and the ld. CIT had felt that the order passed by ....

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.... by the Assessing Officer is erroneous in so far as it is prejudicial to the interest of revenue.                 You are requested to appear before me either personally or through an authorized representative in this regard on 07.02.2012 at 3:30 p.m. Sd/- [UJJWAL KU MAR ] Commissioner of Income Tax, Kol-Il, Kolkata". 5.1. A perusal of the show cause notice clearly shows that the issue which the ld. CIT-II, Kolkata has opined to be erroneous and prejudicial to the interest of the revenue is not specific. The show cause notice is absolutely vague. The show cause notice even does not mention the order which the ld. CIT has sought to revise. No furt....