Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 724 - HC - Income TaxRevision u/s 263 - AO who passed the order on September 30, 2008, had no jurisdiction to complete the assessment as the return of income for the assessment year 2007-08 was over rupees five lakhs - Held that:- The Commissioner, in the present order under section 263 was not justified in re-initiating the proceedings under section 263 mainly on this premise about jurisdiction. There was no fault of the respondent-assessee. The respondent-assessee appeared before the Assessing Officer who issued valid notice and the Assessing Officer had the authority to issue notice under section 143(2) as aforesaid and complied with the requirements raised by him. The respondent-assessee may not be aware of such requirements and for this the respondent-assessee cannot be subjected to fresh innings at the hands of another Assessing Officer. There is no provision either under section 154 or under section 263(1) to inform the Commissioner of Income-tax to issue show-cause notice under section 263 by the lower authorities as the Commissioner only has the jurisdiction to issue show-cause notice under section 263 if he himself is satisfied after examining the records of the assessment order passed by the Assessing Officer which falls under his jurisdiction and the Commissioner of Income-tax also gets power of revision if the twin conditions are satisfied that the order passed by the Assessing Officer is erroneous in so far as it is prejudicial to the interests of the Revenue.The practice adopted by the Commissioner of Income-tax is de hors and it amounts to unnecessary harassment to the assessee for no fault of his. - Decided in favour of assessee.
|