TMI Blog2019 (5) TMI 1921X X X X Extracts X X X X X X X X Extracts X X X X ..... tisfaction of the commissioner on this count could not have been arrived as the process commencing with the issue of the notice under section 263: in in the order was completely hurried and without following the mandatory requirement of serving a notice on the assessee and opportunity of being heard given to the assessee. In view of this there is no doubt that this does not constitute any opportunity in respect of notice under section 263 of the income tax act - we are unable to sustain the order passed by the learned Principal Commissioner of Income Tax under section 263 - Decided in favour of assessee. - ITA No. 2388/Del/2017, ITA No. 2389/Del/2017, ITA No. 2390/Del/2017 - - - Dated:- 17-5-2019 - SMT BEENA A PILLAI, JUDICIAL MEMBER AN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s mentioned that :- Having received the proposal show cause notice dated 22/2/2017 was issued to the assessee but on the date fixed for hearing. None attended the proceedings. Instead show cause notice was returned unserved on 2/3/2017 with the remark assessee could not be traced in spite of best efforts. It is relevant to mention that assessment was completed in the month of April, 2015 and notices were served on the same address. The return of so cause notice issued under section 263 of the income tax act indicates that the assessee has deliberately and intentionally returned the show cause notice served under section 263 of the act as he had no explanation to furnish in the case. 4. Stating the above facts, the learned authorised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the notice. He therefore submitted that the issue is not covered in favour of the assessee by the judicial precedents cited before the bench. 6. We have carefully considered the rival contention and perused the order of the learned principal Commissioner of income tax passed under section 263 of the income tax act. As per the para stated above of that particular order. It is apparent that assessee has not been served any notice under section 263 of the income tax act. Therefore the learned principal Commissioner of income tax passed an order on the basis of material available on record. Therefore, it is apparent that the issue has been decided by the learned principal Commissioner of income tax on the basis of the information availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e any opportunity in respect of notice under section 263 of the income tax act. The facts in the order of the Hon ble jurisdictional High Court in 86 Taxmann.com 35 and the Hon ble Rajasthan High Court in 147 ITR 379 squarely covered the issue in favour of the assessee. In view of this, we are unable to sustain the order passed by the learned Principal Commissioner of Income Tax under section 263 of the income tax Act. Hence, same is quashed. Accordingly, Ground No. 1 of the appeal of the assessee is allowed. 7. Accordingly ITA No. 2388/Del/2017 filed by the assessee for assessment year 2010-11 is allowed. 8. In ITA No. 2389/Del/2017 for assessment year 2010-11 filed by Mr Ankush Singhal and ITA No. 2390/Del/2017 for assessment year 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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