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2013 (3) TMI 537 - HC - Income TaxJurisdiction power u/s 263 by CIT(A) - ITAT quashed the order of CIT(A) u/s 263 in respect of the items which do not form the subject matter of the show cause notices - whether ITAT was right in holding that a written notice was necessary regarding admissibility of otherwise of its claim u/s 32 AB and 80 HHC? - Held that:- Section 263 empowers CIT(A) to call for and examine the record of any proceeding, if he finds that any order passed therein by the ITO is erroneous in so far as it is prejudicial to the interests of the revenue, but such order can be passed after giving an opportunity of being heard to the assessee. Since the show cause notice was limited to the matters u/s 32 AB and 80 HHC therefore, the assessee has not been given any opportunity of hearing, which alone will permit the CIT to exercise the revisional jurisdiction under Section 263. Therefore, no illegality in the order passed by the Tribunal, which may give rise to any substantial question of law. The argument that matter should have been remanded by the Tribunal is a question of law does not merit. In fact, the order of the Tribunal is categorical that the show cause notice was quashed only in respect of matters which were not subject matter of the show cause notice. There was no bar with the Revenue to issue show cause notice in respect of matters not covered by the earlier show cause notice. Having not done so, the petitioner cannot be permitted to reopen the concluded assessment at this stage.
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