Court : Income Tax Appellate Tribunal ITAT Bilaspur
Reported in : (2008)116TTJNULL141
1. This appeal is filed by the assessee having been aggrieved by the order of the CIT dt. 19th Dec., 2007 for the asst. yr. 2005-06 in the case of the assessee passed under Section 263 of the IT Act. 1. That on the facts and the circumstances of the case, the proceeding under Section 263 is illegal and bad in law, because the proper opportunity had not been given to the assessee, without service of any notice to the assessee or his authorized person; order so passed under Section 263 is bad in law and against the principle of natural justice. 2. That all the issues mentioned in the aforesaid order under Section 263 were duly discussed, considered and examined by the AO during the penalty proceeding at the time of hearing and applied his mind then only he passed the penalty order under Section 271(1)(c), therefore the action of the CIT under Section 263 is against the law and void ah initio.3. Both the parties were heard regarding the issues raised by the assessee in the appeal and its...Tag this Judgment!