TMI Blog2021 (8) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... ce u/s 263 dated 13/03/2021 for fixing the date of hearing on 31/03/2021. PCIT passed the order on 31/03/2021 itself. We find that assessee filed copy of reply dated 31/03/2021 before the ld. PCIT. We find that ld. PCIT has not recorded the contents of reply filed by the assessee. We, instead of going on the merit and demerit of the issues identified by ld. PCIT for revision find that the ld. PCIT passed the order in a hasty manner and without giving fair and proper opportunity. Therefore we deem it appropriate to restore the case back to the file of ld. PCIT to decide the issues identified by him afresh after giving opportunity of hearing to the assessee. Appeals filed by the assessee are allowed for statistical purpose. - SHR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o above grounds, on the facts and circumstances of the case and in law, Ld. Pr.CIT erred in branding assessment order as erroneous/prejudicial on an issue which itself was not covered by ambit of search assessment. Order passed u/s 263 is illegal and is liable to be quashed. 4. The appellant reserves the right to add, amend or modify any of the ground/s of appeal. 2. Brief facts of the case are that the assessee is proprietor of Mouli Investment. A search was carried out on the assessee on 15/07/2016. Consequent upon search, a notice under section 153A was served for filing return of income. The assessee filed return of income in response to notice under section 153A on 16/01/2017. The assessment was completed under section 153A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of hearing on 31/03/2021. The ld. PCIT passed the order under section 263 on 31/03/2021 itself. No fair and proper opportunity was given by him. The ld. PCIT, though the assessee filed his reply, however, the contents of reply are not referred or considered by the ld.PCIT. The ld.AR for the assessee submits that similar order was passed for other three subsequent assessment years. The ld.AR for the assessee submits that the matter may be restored back to the ld. PCIT to grant proper and fair opportunity of hearing to the assessee. 4. On the other hand, ld. Departmental Representative (DR) for the revenue submits he has no objection, if the matter is remitted back to the file of ld.PCIT to pass order afresh after giving opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X
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