9911796707
TMI Blog2024 (11) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Act, 1961 ('Act'), and the order dated 28.03.2023 passed under said Section are illegal, bad in law, time barred and without jurisdiction. 2. That, the notice under Section 263 and impugned order under Section 263 of the Act are issued/passed in the name of dead person and as such the notice issued and order passed under Section 263 of the Act is illegal, without jurisdiction and cannot be sustained in the eyes of law. It is a legal and jurisdictional infirmity. 3. That, the unsigned notice dated 17.01.2023 issued under Section 263 of the Act is non-est and cannot be treated as valid notice in eyes of law for purpose of Section 263 of the Act and as such order passed under Section 263 of the Act based on said notice is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T is erroneous, illegal, and bad in law. 8. That the order passed by the PCIT under section 263 of the Act is clearly without application of mind. Hence, the notice and order passed under section 263 of the Act are liable to be quashed. 9. That, in view of the facts and circumstances of the case, the proceedings initiated U/s 263 at the instance of AO are illegal and bad in law and the impugned order passed under Section 263 of the Act is liable to be quashed. 10. That, all the facts and the material available on record have not been properly considered by the PCIT while passing the order under Section 263 of the Act. The impugned order is illegal, arbitrary, and bad in law. 11. That, in view of the facts and circumstances of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oper enquiries & verification which should have been made with respect to amended provisions of the Finance Act, 2015 & binding decision of Jurisdictional Hon'ble Punjab & Haryana High Court & Hon'ble Apex Court on the taxability of interest on enhanced compensation in the case of assessee himself. Therefore, the assessment completed u/s 143(3) r.w.s 143(3A) & 143(3B) of the Act is erroneous so far as it is prejudicial to the interest of the revenue in terms of Explanation 2 of section 263 of the Act. Accordingly, the assessment order passed by the AO on 09.03.2021 u/s 143(3) r.w.s 143(3A) & 143(3B) of the Act for the A.Y. 2018-19 is set aside with the direction to pass an order afresh, after due consideration of the facts and in accordance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of revenue and caused the order nullity. In our considered view, the Ld. PCIT is not justifying setting aside the order of the Ld. AO. The assessment order cannot be treated as erroneous. Accordingly, the order u/s. 263 of the Ld. PCIT is quashed." 5. Per contra, Ld. DR submitted that merely mentioning of wrong PAN cannot reduce the order to be a nullity. 6. We have carefully considered the submissions and perused the records. It is noted that the Coordinate Bench of Amritar on similar circumstances had held that if the person is deceased and legal heir has been brought on record, mentioning of PAN of the deceased person in the order will render the order a nullity. No contrary decision has been shown to us. Accordingly, respectfully fol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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