TaxTMI 
TaxTMI 
2017 (1) TMI 896
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.... D.C.I.T., Circle-33, Kolkata u/s 115WE(3) vide his order dated 27.12.2010. The grounds raised by the assessee are as under : "1. That the impugned order has been passed by the Ld. Commissioner of Income Tax without proper application of mind, as such it is not sustainable in law and facts of the case. 2. That the Ld. Commissioner of Income Tax has passed order u/s 263 of the I.T. Act, 1961 without issuing any proper and legal notice to the Appellant. For want of legal and proper notice the impugned order is liable to be quashed on this ground alone. 3. Without prejudice to foregoing contention that the Ld. Commissioner of Income Tax is not justified in holding that the order u/s 115WE(3) of the I.T. Act, 1961 passed on 21.12.2009 i....
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....uing the notice u/s 263 of the Act. The ld. DR vehemently supported the order of the authorities below. 3. We have heard the rival contentions of the parties and perused the materials available on record. In the case before us, the ld. AR has challenged the proceedings u/s 263 of the Act on two grounds. Firstly the notice u/s 263 of the Act has not been signed by the proper authority. It was signed by D.C.I.T., Hqrs.11, Kolkata. Secondly, no reason for treating the order of the AO as erroneous in so far as prejudicial to the interest of the revenue has been mentioned. Now the issue before us arises for our adjudication so as to whether the notice issued u/s 263 of the Act is valid in the aforesaid facts and circumstances. At this juncture ....
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.... Bench in the case of Bardhman Co-operative Milk Producers' Union Limited vs CIT in ITA NOs.310-311/Kol/2009 for A.Y.2003-04 and 2004-05 have decided the issue in favour of the assessee. The relevant extract of the order is reproduced below :- "9. From the above discussion regarding the provision of law and the case law in this regard, it is clear that for a valid assumption of the jurisdiction u/s 263 of the Act, the notice issued u/s 263 of the Act should be issued by the Ld. CIT. In this case, it is undisputed that notice was issued by ACIT, Hqrs, Burdwan who is not competent to assume jurisdiction u/s 263 of the Act. Hence, the notice was not under the seal and signature of Ld. CIT. Hence, as per the precedents referred to above, the ....