2024 (11) TMI 1098

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....tice dated 17.01.2023 issued under Section 263 of the Income Tax Act, 1961 ('Act'), and the order dated 28.03.2023 passed under said Section are illegal, bad in law, time barred and without jurisdiction. 2. That, the notice under Section 263 and impugned order under Section 263 of the Act are issued/passed in the name of dead person and as such the notice issued and order passed under Section 263 of the Act is illegal, without jurisdiction and cannot be sustained in the eyes of law. It is a legal and jurisdictional infirmity. 3. That, the unsigned notice dated 17.01.2023 issued under Section 263 of the Act is non-est and cannot be treated as valid notice in eyes of law for purpose of Section 263 of the Act and as such orde....

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....e Land Acquisition Act is exempt in the hands of the Appellant and as such the order of PCIT is erroneous, illegal, and bad in law. 8. That the order passed by the PCIT under section 263 of the Act is clearly without application of mind. Hence, the notice and order passed under section 263 of the Act are liable to be quashed. 9. That, in view of the facts and circumstances of the case, the proceedings initiated U/s 263 at the instance of AO are illegal and bad in law and the impugned order passed under Section 263 of the Act is liable to be quashed. 10. That, all the facts and the material available on record have not been properly considered by the PCIT while passing the order under Section 263 of the Act. The im....

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.... opinion that the AO had passed the order dated 09.03.2021 in a very casual manner without due diligence and without conducting proper enquiries & verification which should have been made with respect to amended provisions of the Finance Act, 2015 & binding decision of Jurisdictional Hon'ble Punjab & Haryana High Court & Hon'ble Apex Court on the taxability of interest on enhanced compensation in the case of assessee himself. Therefore, the assessment completed u/s 143(3) r.w.s 143(3A) & 143(3B) of the Act is erroneous so far as it is prejudicial to the interest of the revenue in terms of Explanation 2 of section 263 of the Act. Accordingly, the assessment order passed by the AO on 09.03.2021 u/s 143(3) r.w.s 143(3A) & 143(3B) of the Act fo....