9911796707
TMI Blog2022 (8) TMI 1210X X X X Extracts X X X X X X X X Extracts X X X X ..... Principal Commissioner of Income Tax (Pr. CIT) under Section 263 of the Act is bad, both in the eyes of law and on facts. 2. On the facts and circumstances of the case, the order passed by the learned Pr. CIT under Section 263 of the Act is bad, both in the eyes of law and on facts, having been passed without giving assessee an opportunity of being heard in violation of principle of natural justice. 3. On the facts and circumstances of the case, the order passed by the learned Pr. CIT under Section 263 of the Act is bad, both in the eyes of law and on facts, having been passed without giving assessee an opportunity posted for hearing on 26th March 2020, i.e. the Hon'ble Prime Minister was imposed complete Nationwide Lock Down, due to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leave to add to, amend or modify the above grounds of appeal either before or at the time of hearing of the appeal, if it is considered necessary. , 10. The ld. PCIT ought to have mentioned the specific transaction and specific date and also specific person, in respect of violation of provision of section 40A(3) by making payments more than Rs.20,000. Therefore, the order u/s. 263 is to be held as null and void." 3. Briefly the facts of the case are as under : 3.1 The assessee is a company incorporated under the Companies Act, 1956. It is engaged in the business of execution of civil contracts. The Return of Income for the Assessment Year 2015-16 on 29.09.2016 declaring a total income of Rs.14,12,630. The Assessing Officer completed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e principles of natural justice by not affording a reasonable opportunity of being heard to the assessee. He further submitted that the assessee could not file the explanation on account of difficulties faced by the declaration of national lock down on account of Covid 19 pandemic. Thus he prayed that the order passed by the learned PCIT be set aside for de novo consideration. 5. On the other hand, the learned Departmental Representative has no serious objection to remit the matter back to the learned PCIT for de novo examination. 6. We have heard the rival submissions and perused the material on record. The issue in the present appeal relates to the validity of the revision order passed by the PCIT u/s. 263 of the Act. We had carefully g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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