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TMI Blog2022 (12) TMI 1303X X X X Extracts X X X X X X X X Extracts X X X X ..... . Act. The order passed is bad in law and is liable to be quashed. 1.2 In any case, the conditions precedent for assuming jurisdiction u/s. 263 of the Act being absent in as much as there was no order which was erroneous so as to cause prejudice to the interest of the revenue, the impugned order becomes void, bad in law and liable to be quashed. 1.3 The Assessing Officer having considered all aspects and after detailed enquiry, having allowed the deduction u/s. 80IC of the Act, any further direction in the order U/s. 263 of the Income tax Act, on the same issue will only amount to a change of opinion, disentitling, assumption of jurisdiction U/s. 263 of the I.T. Act, by the Principal Commissioner of Income tax thereby making the order b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on. 6. The various observations/conclusions made/drawn by the principal Commissioner of Income tax during the course of revision proceedings are totally erroneous on facts and evidence available are to be rejected/disregarded in toto. 7. In view of the above and on other grounds to be adduced at the time of hearing, it is requested that the impugned order be quashed or at least it be held that the appellant is entitled to deduction u/s. 80IC of I.T. Act, 1961, as claimed." 3. Brief facts pertinent to the adjudication of the case are that the order u/s. 263 of the Income Tax Act, 1961 has been passed by the ld. PCIT, Dehradun based on the proposal received from the Joint Commissioner of Income Tax, Range-3, Haridwar vide letter F. No. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment which is not permissible u/s. 263 of the I.T. Act. It was also submitted that the representation and the replies given by the Authorized Representative can be taken as authorized by the assessee. 5. The ld. PCIT, having not satisfied with the reply filed by the partner of the assessee firm held that, a. The notices issued u/s. 143(2) by the ITO was received unserved with the remark of the notice server dated 19.08.2013 that the premises have been locked and the postal authority reported that the name of the firm is unknown. b. Had the manufacturing activities were carried out as on date the notices could have been served. c. It is not worthy to conclude that the permanent closure of the business was done w.e.f. 31.03.2014. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Tax Department, Uttarakhand cancelled the TIN/registration on 04.03.2013 and intimated the assessee which is on record. The notice has been issued on 19.08.2013 by the ITO and on 26.07.2016 by the ld. PCIT. Since, the notices issued by the revenue authorities were after the date of closure of the business they have been rightly returned answered. Since, the closure of the business as no operations could be carried and no employees were available at the premises of the factory, the notices have been returned. Hence, it cannot be concluded that during the financial year period from 01.04.2011 to 31.12.2012 was not in existence. The derivation of the ld. PCIT cannot be held to be correct. b. Had the manufacturing activities were carried o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Sales Tax declarations/'C' Form have been duly filed. Hence, there is no reason to suspect the sales without bringing any material to prove that the bills are phoney or the entities which received the goods are bogus. Hence, the conclusion of the ld. PCIT cannot be supported. f. The sale invoices to those two concerns do not give any information as to how the goods have been sent to Bangalore from Roorkee. The sale invoices clearly shows that the goods have been sent by freight carrier companies named above and the recipient "to pay" the freight charges. g. The raw materials were also purchased from Bangalore which do not give any credence to the factum of purchase. Factually incorrect. No goods have been purchased from Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
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