2015 (2) TMI 1193

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....of the assessee. A copy of the medical certificate in this regard has been enclosed along with the condonation petition. Upon hearing both the parties and perusing the records, in our considered opinion, the delay in filing the appeal in this case deserves to be condoned. Accordingly the delay is condoned. 3. The grounds of appeal read as under :- "1. For that the initiation of proceedings by issuing Notice u/s 263 dtd. 31-07-2013 signed by the I.T.O., Technical-XX, Kolkata is erroneous and bad in law since the notice does not speak anything whether the order of the Assessing Officer is erroneous and/or prejudicial to the interest of the revenue and accordingly, ,the proceedings u/s 263 by the Ld.C.I.T.-XX, Kolkata should be qua....

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....d order u/s 263 was passed on 05.02.2014. Now in the appeal filed by the assessee the first ground raised by the assessee pertains to the notice issued u/s 263 of the Act dated 31.07.2013. The ld. Counsel of the assessee has urged that the said notice was issued by I.T.O., Technical-XX, Kolkata. The ld. Counsel submitted that section 263 of the Act gives power to the ld. CIT. He submitted that there is no provision in the Act whereby he can delegate the same. Hence he submitted that the ld. CIT only has jurisdiction of issuing of valid notice u/s 263 of the Act. Notice in this case is issued by ITO, Technical-XX, Kolkata and not by the ld. CIT. Hence the ld. Counsel submitted that the jurisdiction assumed by the ld. CIT is invalid. In this ....