Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 1342 - AT - Income TaxValidity of order u/s 263 of the Act - Held that: - it is clear that the said notice u/s. 263 of the Act has not been signed by the “Commissioner of Income Tax” rather it has been signed by ACIT, Hqrs., Burdwan - The Hon’ble Allahabad High Court in the case of Rajesh Kumar Pandey [2012 (9) TMI 829 - ALLAHABAD HIGH COURT] has expounded that when the Ld. CIT has not recorded his satisfaction, but it was the satisfaction of the Income Tax Officer (Technical) who is not competent to revise his order u/s. 263 of the Act, the order passed was liable to be set aside. The assumption of jurisdiction u/s 263 of the Act in the present case is not valid - Order u/s 263 of the Act is accordingly quashed and the appeal of the assessee is allowed. Appeal allowed - decided in favor of assessee.
|