Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 896 - AT - Income TaxRevision u/s 263 - unsigned notice by the designated authority - notice was issued by DCIT - non reasons for treating the order of AO as erroneous and prejudicial to the interest of the revenue - Held that:- From the facts of the case in hand, we find that notice u/s 263 of the Act was not signed by the Commissioner of Income Tax as required under the provisions of law. In the similar facts and circumstances in the case of Bardhman Co-operative Milk Producers’ Union Limited vs CIT [2014 (5) TMI 1132 - ITAT KOLKATA] for A.Y.2003-04 and 2004-05 have decided the issue in favour of the assessee. We further find that there was no reason mentioned in the notice issued u/s 263 of the Act for treating the order of AO as erroneous and prejudicial to the interest of the revenue. In this case, we find that it is a mandatory requirement for the Ld.CIT to incorporate the reasons for treating the order of AO as erroneous and prejudicial to the interest of the revenue. In holding so, we rely upon the decision of the Hon’ble Madhya Pradesh High Court in the case of CIT vs Sattandas Mohandas Sidhi [1997 (6) TMI 13 - MADHYA PRADESH High Court] as held the notice should contain reasons as to how the order is prejudicial to the Revenue - Decided in favour of assessee
|