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2019 (7) TMI 793 - AT - Income TaxRevision u/s 263 - Notice not signed by CIT - Exemption u/s 11 denied - assessee was not eligible for exemption u/s 11 in view of the amended provisions of S.2(15) - HELD THAT:- The initial issuance of notice, which has not been signed by the competent authority as the finding has been recorded by Tribunal therein that notice was issued under the signature of Income Tax Officer (Technical) whereas in view of provisions of powers of s.263(1) it is only the CIT to issue notice. In the present assessee’s case also show cause notice was issued by Income Tax Officer (Technical) and signed by the said Officer on behalf of the CIT. As per Sec. 263, the CIT cannot delegate his powers to the subordinate Officer or lower officer and, therefore, this defect is non-curable defect and the Show Cause Notice itself is bad in law. Besides this, after going through the assessment order, the AO has also taken cognizance of the material available and has arrived at a proper conclusion. There order u/s 263 is merely a second opinion which is not permissible under the provisions of the Income Tax Act, 1961. Therefore, order u/s 263 of the Act does not survive. - Decided in favour of assessee.
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