9911796707
TMI Blog2015 (2) TMI 1193X X X X Extracts X X X X X X X X Extracts X X X X ..... ificate in this regard has been enclosed along with the condonation petition. Upon hearing both the parties and perusing the records, in our considered opinion, the delay in filing the appeal in this case deserves to be condoned. Accordingly the delay is condoned. 3. The grounds of appeal read as under :- "1. For that the initiation of proceedings by issuing Notice u/s 263 dtd. 31-07-2013 signed by the I.T.O., Technical-XX, Kolkata is erroneous and bad in law since the notice does not speak anything whether the order of the Assessing Officer is erroneous and/or prejudicial to the interest of the revenue and accordingly, ,the proceedings u/s 263 by the Ld.C.I.T.-XX, Kolkata should be quashed. 2. For that the Revision Order u/s 263 passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the first ground raised by the assessee pertains to the notice issued u/s 263 of the Act dated 31.07.2013. The ld. Counsel of the assessee has urged that the said notice was issued by I.T.O., Technical-XX, Kolkata. The ld. Counsel submitted that section 263 of the Act gives power to the ld. CIT. He submitted that there is no provision in the Act whereby he can delegate the same. Hence he submitted that the ld. CIT only has jurisdiction of issuing of valid notice u/s 263 of the Act. Notice in this case is issued by ITO, Technical-XX, Kolkata and not by the ld. CIT. Hence the ld. Counsel submitted that the jurisdiction assumed by the ld. CIT is invalid. In this regard the records of the ld. CIT was also called for. From the records also the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act has been issued by ITO, Technical-XX, Kolkata. The records of the revenue do not show that there was any examination of records by the ld. CIT himself before issuing of notice u/s 263 of the Act. In absence of valid notice issued u/s 263 of the Act the jurisdiction assumed by the ld. CIT is bad and hence the order passed u/s 263 of the Act is not sustainable. Accordingly in the background of the aforesaid discussion in our considered opinion the jurisdiction assumed by the ld. CIT u/s 263 of the Act in absence of proper notice u/s 263 of the Act is bad. Hence order passed u/s 263 of the Act is liable to be quashed. Accordingly order passed by the ld. CIT is quashed. 6. In the result the appeal filed by the assessee stands allowed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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