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2019 (7) TMI 643

..... HAT:- On this short ground, the ITAT has remanded the matter to the PCIT for passing a fresh order after hearing the Assessee. It is plain to this Court that the remand would not result in the PCIT coming up with new grounds for reopening the assessment under Section 263 of the Act. Those grounds have already been set out in the show cause notice issued by the PCIT. All that the PCIT has now to do .....

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..... he order dated 31st March, 2016 passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 of the Income Tax Act, 1961 (Act) on the ground that the notice preceding the passing of the said order was not served upon the Assessee, has remanded the matter to the PCIT for passing a fresh order after hearing the Assessee. 2. Mr. Ved Jain, learned counsel appearing for the Appellant, su .....

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..... acom (supra) were different. There was no occasion for the Court in the said case to examine the applicability of Section 263(3) of the Act which states that the time period of two years would not apply where the exercise under Section 263 of the Act is sought to be undertaken pursuant to the order of an Appellate Court or the ITAT. 4. The Court finds that the judgment in Tulsi Tracom Pvt. Ltd.(su .....

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..... result in the PCIT coming up with new grounds for reopening the assessment under Section 263 of the Act. Those grounds have already been set out in the show cause notice issued by the PCIT. All that the PCIT has now to do is to give the Assessee a hearing and pass a fresh order on merits, obviously uninfluenced by the earlier order passed by the PCIT. If the Assessee is aggrieved by such a fresh .....

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