TaxTMI 
TaxTMI 
2023 (9) TMI 1347
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....essment Year (AY) 2018-19. The assessee has raised following grounds of appeal:- "1. The ld. PCIT, Surat-1 has erred and was not just and proper on the facts of the case and in law in considering the assessment order passed u/s 143(3) as erroneous and prejudicial to the interest of the revenue and accordingly passing order u/s 263 of the Act to set aside the assessment order. 2. Prayer 2.1 The order u/s 263 may kindly be quashed. 2.2 Personal hearing may be granted. 2.3 Any other relief that your honours may deem fit may be granted. 3. The assessee craves leave to add, amend, modify alter or delete any of the grounds at the time of hearing." 2. Brief facts of the case are that the ass....
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.... assessment order without proper verification/enquiry on the issue which should have been made during the course of assessment proceedings which shows non- application of mind thereby rendered assessment order dated 15/02/2021 as erroneous in so far as prejudicial to the interests of revenue within the meaning of Section 263 of the Act. On the basis of aforesaid observation, the ld. Pr.CIT issued show cause notice under section 263 asking the assessee to file his reply on 18/11/2022. 4. The assessee filed his reply to the show cause notice in time. In the reply, the assessee stated that he has paid rent to four different persons for four different premises. The assessee explained that he had paid Rs. 96,000/- to Ashok Kumar Agarwal for s....
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....ssessee has filed present appeal before this Tribunal. 6. We have heard the submissions of learned Authorised Representative (ld. AR) of the assessee and the learned Commissioner of Income Tax- Departmental Representative (ld. CIT-DR) for the revenue and perused the record carefully. The ld. AR of the assessee submits that the case of assessee was selected for issue of ICDS compliance and adjustments. Such issue was found in order. The Assessing Officer after considering the other issues/claim, accepted the returned income. The ld. AR of the assessee fairly accepted that admittedly there is no reference about examination of issue of rental expenses. The ld. AR of the assessee submits that the provisions of Section 194I or 40(a)(ia) of th....
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....ady been considered together with the issue discussed by him. Thus, the direction given by ld. Pr. CIT is not in accordance with the mandate of Section 263 as before setting aside the entire assessment order neither any show cause notice was issued nor any opportunity of hearing on all such issues was given, therefore, prayed that entire order of ld. Pr.CIT may be quashed. 7. On the other hand, the ld. CIT-DR for the revenue after going through the contents of assessment order and order of ld. Pr. CIT would submit that he supports the order of ld. Pr. CIT. the ld CIT-DR for the revenue submits that the assessment order is silent on the issue which was identified by the ld Pr CIT while exercising his jurisdiction. 8. We have considered....