2017 (3) TMI 1474

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....CIT passed u/s.263 of the Income Tax Act, dated 14.02.2014 and pertains to assessment year 2009-10. 2. The grounds of appeal read as under: i) On the facts, in the circumstances of the case and in law the learned CIT has erred in passing a revision order u/s 263 of I.T. Act without giving the appellant any opportunity of being heard and without considering the relevant facts. The learned CIT ha....

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....ppellant craves leave to add, amend, alter, delete, change or modify all or any of the above grounds of appeal. which are independent & without prejudice to each other. 3. In this case the learned Commissioner of income tax observed certain matters for which notice was issued with assessee. One of the issue related to discrepancy in confirmation of balance of loans. Differences were also noticed....

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....tice, there is no other option but to assume that assessee has nothing to say in this regard. I am considered opinion that the assessment order, in the light of the facts/deficiencies pointed out in para (i to x) above and in the context of the ratio of decisions cited above, is "erroneous" and "prejudicial" to the interst of the revenue". I, therefore, set aside the assessment order passed by the....

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....t Ld. CIT has passed the order without giving the assessee proper opportunity of being heard. In this regard we find that the learned Commissioner of income tax in his order has duly noted that on several occasion notices were issued but nobody attended. Before us also despite several notices nobody has attended. Hence we do not find any cogency in this aspect of assessee submission that proper op....