Section 144C, read with section 263, of the Income-tax Act, 1961

IT/ILT : Non-compliance of provisions of section 144C itself proves that there is error in order passed by Assessing Officer and said order tantamounts to order being erroneous and prejudicial to interest of revenue
IT/ILT : When assessment order was very much in existence and assessee had come in appeal against order passed under section 263, Tribunal did not have jurisdiction to hold assessment order illegal and void
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[2015] 53 taxmann.com 30 (Panaji - Trib.)
IN THE ITAT PANAJI BENCH
Gigabyte Technology (India) (P.) Ltd.
v.
Commissioner of Income-tax, Goa*
P.K. BANSAL, ACCOUNTANT MEMBER
AND D.T. GARASIA, JUDICIAL MEMBER
IT APPEAL NOS. 51 & 52 (PNJ.) OF 2012
[ASSESSMENT YEAR 2006-07]
OCTOBER  31, 2014
Section 144C, read with section 263, of the Income-tax Act, 1961 - Dispute Resolution Panel (Revision) - Assessment year 2006-07 - Whether non-compliance of provisions of section 144C, i.e, providing opportunity of hearing to assessee, itself proves that there is error in order passed by Assessing Officer and said order tantamounts to order being erroneous and prejudicial to interest of revenue - Held, yes [Para 4.8] [In favour of revenue]
Section 254, read with sections 263 and 144C, of the Income-tax Act, 1961 - Appellate Tribunal - Powers of (Revision, effect of) - Assessment year 2006-07 - Whether when assessment order was very much in existence and assessee had come in appeal against order passed under section 263, Tribunal did not have jurisdiction to examine and hold that assessment order passed by Assessing Officer in violation of section 144C(2) was illegal and void - Held, yes [Para 4.7] [In favour of revenue]