M/S REPOSTI FINCO PRIVAE LIMITED,KOLKATA vs. I.T.O.,WARD-10(4), KOLKATA

PDF · subscribers
ITA 1089/KOL/2019Status: DisposedITAT Kolkata26 October 2021AY 2014-152 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the show-cause notice was not served upon the assessee in the normal course. Therefore, the PCIT's order was set aside, and the matter was restored for a fresh decision, with an opportunity for the assessee to present their case.

What were the facts?

The assessee appealed against a revision order passed by the Principal Commissioner of Income Tax (PCIT) under Section 263 of the Income Tax Act. The assessee claimed they never received a show-cause notice from the PCIT.

What were the issues?

Whether the revision order passed by the PCIT under Section 263 is valid when the assessee was not properly served with a show-cause notice.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B”

Before: Shri Sanjay Garg & Dr. M. L. Meena

order : October 26, 2021 Hearing through Video Conferencing ORDER Per Bench: The present appeal has been preferred by the assessee against the revision order dated 21.02.2019 of the Principal Commissioner of Income Tax (Appeals)-4, Kolkata (hereinafter referred to as ‘PCIT’) passed u/s 263 of the Income Tax Act (hereinafter referred to as the ‘Act’). At the outset, the ld. counsel for the assessee has submitted that no show-cause 2. notice/notice of hearing was ever received by the assessee from the ld. PCIT. He, in this respect, has invited our attention to Para 3 of the impugned order, wherein, the ld. PCIT has mentioned that the notice u/s 263 of the Act was served upon the assessee through affixation. It has not been pointed out that why the notice was issued through affixation. However, from the above observation, it is apparent that the show-cause notice u/s 263 of the Act was not served upon the assessee in normal course. Under these circumstances, the ld. counsel for the assessee has submitted that the assessee may be given opportunity to reply to the show-cause notice of the ld. PCIT and to present his case before the ld.

1.

M/s Reposit Finco Private Limited Assessment Year: 2014-15 PCIT. The ld. DR has not objected to the same. In view of this, the impugned order of the ld. PCIT is set aside and the matter is restored to the file of the ld. PCIT for decision afresh. Needless to say that the ld. PCIT will give proper opportunity to the assessee to present his case.

3.

In the result, the appeal of the assessee is treated as allowed for statistical purposes. Kolkata, the 26th October, 2021. Sd/- Sd/- [Dr. M. L. Meena] [Sanjay Garg] Accountant Member Judicial Member Dated: 26.10.2021. RS Copy of the order forwarded to: 1. M/s Reposit Finco Private Limited 2. ITO, Ward-10(4), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR),

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Recent GST High Court judgments

Search GST case law →