High Court directs jurisdictional issue decision under Income Tax Act The High Court of Bombay directed the First Respondent to decide on the jurisdictional issue regarding the Assessing Officer's authority under sections ...
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High Court directs jurisdictional issue decision under Income Tax Act
The High Court of Bombay directed the First Respondent to decide on the jurisdictional issue regarding the Assessing Officer's authority under sections 201 and 201(1A) of the Income Tax Act, 1961. The parties agreed to follow a procedure outlined by the Supreme Court in a similar case. The Petitioner retains the right to challenge the decision, with a two-week grace period before enforcement actions can be taken. The Petition was disposed of without any order on costs.
Issues involved: Jurisdiction of the Assessing Officer u/s 201 and 201(1A) of the Income Tax Act, 1961.
Summary: The High Court of Bombay issued a notice to the Petitioner u/s 201 and 201(1A) of the Income Tax Act, 1961, which the Petitioner responded to through various letters. The Petitioner challenged the jurisdiction of the Assessing Officer. The Revenue presented an order from the Supreme Court in a similar case, and both parties agreed to follow the same procedure for determining jurisdiction as directed by the Supreme Court. The High Court directed the First Respondent to decide on the jurisdictional issue as a preliminary matter. If a decision against the Petitioner is made, the Petitioner retains all rights for further legal action. No enforcement steps will be taken for two weeks after communicating the decision. The Petition was disposed of with no order on costs.
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