Assessee is an individual and his assessment U\/Sec. 143(3) was completed for A_Y. 2016-17.\u00a0 Later on it was reopened U\/Sec\u00a0 147 on the ground that claim of Interest paid and allowed as deudction U\/Sec 56 and assessment was completed U\/Sec. 147 r.w.s. 143 (3) Assessing at same income which was earlier accepted U\/sec\u00a0 143(3). Again Notice U\/Sec. 263 was issued on the ground that claim of interest paid and allowed by the AO is incorrect and therefore order is erroneous and prejudicial to the int of revenue and without appreciation of submission passed the order U\/sec. 263 holding order passed by the AO is incorrect and asked the AO to verify the issue of claim of Interest paid. Assessee filed an appeal against the order of CIT before ITAT.\u00a0 However mean while again AO appreciated the submission and passed the order U\/sec. 147.r.w.s.263 r.w.s.143(3) and accepted the claim of the assessee as legally correct and accepted the income as disclosed in the Return of income . Therefore assessee has withdrawn the appeal filed before ITAt against the order of the CIT passed U\/Sec\u00a0 263 on the ground that since the AO has accepted the claim of the assessee and now there is no grivience left.<\/p>\n
Now PCIT has one more time issued the Notice U\/sec. 263 on the same ground that order passed by the AO\u00a0 . 147.r.w.s.263 r.w.s.143(3) is erroneous and prejudicial to the interst of revenue as in the opinion of PCIT claim of Interest paid as deduction from Interest received is incorrect.<\/p>\n
Whether Notice U\/Sec. 263 issued by PCIT is valid ?<\/p>\n
Can assessee file the writ before HC against the Notice issued by PCIT U\/Sec. 263 of the Act as invalid ab initio\u00a0 ? Or should wait till passing of order U\/Sec 263 ?<\/p>\n
Pl guide .<\/p>\n
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