2025 (10) TMI 664 - HC - Income Tax

Challenge to assessing officer's territorial jurisdiction barred under Section 124(3)(a) IT Act for failure to object timely

HC held that challenge to AO's territorial jurisdiction was barred by Section 124(3)(a) of the IT Act because the assessee failed to object within one ... Validity of assessment u/s 143(3) - notice u/s 143(2) issued by the non-jurisdictional Assessing Officer, solely relying on the address in the PAN - scope of Section 124(3) - assessee did not intimate change of address to the department - HELD THAT:- A careful perusal of Section 124(3)(a) of the IT Act would show that the assessee cannot question the jurisdiction of an Assessing Officer beyond the period of one month from the date of service of notice or after completion of the assessment, whichever is earlier. As such, Section 124(3) stipulates a bar to any contention about lack of jurisdiction of an AO. The Supreme Court in the matter of Seth Teomal [1959 (3) TMI 3 - SUPREME COURT] has considered the similar provisions as they existed under the Income Tax Act, 1922 in the light of its earlier pronouncement and of the Federal Court. Heading of Section 64 of the old Income Tax Act was “place of assessment” The appellant/assessee was served with notice under Section 143(2) of the IT Act on 8-8-2013, which was served upon him on 21-8-2013 and he did not raise objection qua jurisdiction of the Assessing Officer till his appeal was decided by the CIT (Appeals) on 14-7-2016. The assessee also did not raise any objection regarding jurisdiction upon completion of his assessment. As such, the plea with regard to territorial jurisdiction of the ITO was barred by virtue of Section 124(3)(a) of the IT Act. Even otherwise, by the notification dated 15-11-2014, the territorial reallocation of wards at Raipur was undertaken and thus by operation of law, validly, the ITO, Ward-2(1), Raipur has been conferred with the jurisdiction after reallocation of wards. Therefore, the ITAT is absolutely justified in not entertaining the question with regard to jurisdiction of the AO. The decisions relied upon by assessee in Kanwar Singh Saini [2011 (9) TMI 960 - SUPREME COURT], Rajeev Bansal’s case [2024 (10) TMI 264 - SUPREME COURT (LB)], Cosmat Traders (P.) Ltd.’s case [2022 (11) TMI 895 - CALCUTTA HIGH COURT] and Lalitkumar Bardia’s case [2017 (7) TMI 695 - BOMBAY HIGH COURT] are clearly distinguishable in view of the aforesaid conclusion reached herein-above. For the foregoing reasons, the substantial question of law is answered against the assesse. ISSUES PRESENTED AND CONSIDERED 1. Whether a notice under Section 143(2) of the Income Tax Act issued by an Assessing Officer based on the assessee's residential address as recorded in the PAN database constitutes valid assumption of jurisdiction where the assessee did not intimate change of address to the department. 2. Whether territorial reallocation of wards by administrative notification operates to transfer jurisdiction in pending proceedings so as to validate assessment framed by the successor Assessing Officer. 3. Whether an assessee can question the jurisdiction of the Assessing Officer after expiry of the time limit specified in Section 124(3)(a) of the Income Tax Act, where no objection was raised within one month of service of notice or prior to completion of assessment. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of notice under Section 143(2) issued at PAN-based address Legal framework: Section 143(2) (notice for scrutiny) and the PAN database as source of departmental address records; general requirement of service of notice at address recorded with the Department. Precedent Treatment: Followed the principle in I-Ven Interactive Ltd. which holds that issuance of notice at the PAN-based address constitutes valid assumption of jurisdiction where the assessee has not informed the department of any change of address. Interpretation and reasoning: The Court accepted that the PAN database showed the assessee's residential address in Samta Colony, Raipur; the Assessing Officer who had jurisdiction over that area issued the notice on that basis and the notice was served. In absence of any application by the assessee to change the PAN/departmental address, the Assessing Officer was justified in issuing the notice to the PAN-recorded address. Ratio vs. Obiter: Ratio - The principle that a notice under Section 143(2) sent to the PAN-recorded address is valid when no change of address has been duly intimated; Obiter - none additional on this point. Conclusions: The notice dated 8-8-2013 issued to the PAN-based residential address was valid and constituted proper service for assumption of jurisdiction. Issue 2 - Effect of territorial reallocation of wards on jurisdiction and validity of subsequent assessment Legal framework: Concept of territorial jurisdiction of Assessing Officers; operation of administrative notification effecting reallocation of wards; Section 124 read with administrative reorganization principles. Precedent Treatment: Applied established administrative law principle that jurisdiction over an area may transfer by operation of law when territorial reallocation occurs; relied on statutory scheme under Section 124 providing machinery for determining place/authority of assessment. Interpretation and reasoning: After the notification dated 15-11-2014, the area comprising the PAN-recorded address stood allocated to a different ward (ITO, Ward-2(1)). The jurisdiction originally exercised by the officer who issued the notice thus passed by operation of law to the successor officer, who validly continued proceedings and framed assessment on 18-3-2015. Ratio vs. Obiter: Ratio - Territorial reallocation by notification can effectuate lawful transfer of jurisdiction in pending proceedings such that the successor Assessing Officer's completion of assessment is valid; Obiter - discussion distinguishing decisions where jurisdictional questions arose on different factual matrices. Conclusions: The assessment framed by the successor Assessing Officer post-reallocation was valid by operation of law. Issue 3 - Bar under Section 124(3)(a) to questioning jurisdiction after prescribed period Legal framework: Section 124(3)(a) - No person shall be entitled to call in question the jurisdiction of an Assessing Officer where he has made a return after the expiry of one month from the date on which he was served with a notice under Section 142(1) or Section 143(2) or after completion of the assessment, whichever is earlier; Section 124(4) - procedure for referring jurisdictional objections to specified higher authorities. Precedent Treatment: Followed Seth Teomal and Federal Court reasoning in Wallace Bros. that the Act contemplates administrative machinery (Commissioner/Board) for determination of place of assessment and precludes raising jurisdictional objections on appeal after assessment; applied recent Supreme Court authority confirming the need to raise jurisdictional objection within the time prescribed by Section 124(3)(a). Interpretation and reasoning: The assessee was served with the Section 143(2) notice on 21-8-2013 and did not challenge jurisdiction within one month nor did he object prior to completion of assessment. No jurisdictional objection was taken before the CIT(A) either. The statutory bar under Section 124(3)(a) therefore precluded raising the jurisdictional plea at the appellate stage before the ITAT. Ratio vs. Obiter: Ratio - Section 124(3)(a) operates as a substantive bar to belated challenges to jurisdiction when the assessee fails to raise objection within the specified timeframe; Obiter - explanatory references to administrative determination under Section 124(4) and policy considerations about procedural thresholds. Conclusions: The jurisdictional plea raised belatedly before the ITAT was barred by Section 124(3)(a); the ITAT was correct to refuse to entertain the objection. Cross-issue observations and treatment of authorities relied upon by the assessee Legal framework and reasoning: The Court considered authorities relied upon by the assessee which addressed jurisdictional questions in differing factual contexts (place of business vs residential address, change of address intimations, or different timelines). Those authorities were held distinguishable on facts and inapplicable to the present record where PAN-recorded address was unchanged and no timely objection was taken. Precedent Treatment: Decisions cited by the assessee were explicitly distinguished rather than overruled; the Court confined itself to applying binding precedent that notices at PAN-recorded addresses are valid absent intimation of change and to the statutory bar in Section 124(3)(a). Conclusions: Authorities advanced for a contrary conclusion are distinguishable on facts and do not affect the outcome where statutory timelines and PAN-recorded address rule apply. Final Conclusion on Substantial Question of Law The substantial question whether an assessment under Section 143(3) could be upheld where the initial notice under Section 143(2) was issued by a non-jurisdictional Assessing Officer relying solely on the PAN-based address is answered in the negative for the assessee and in favour of the Revenue: (i) the notice sent to the PAN-recorded address was valid in absence of intimation of change; (ii) territorial reallocation transferred jurisdiction by operation of law; and (iii) Section 124(3)(a) barred belated challenge to jurisdiction. Consequently, the appellate forum below was justified in dismissing the assessee's challenge to jurisdiction and upholding the assessment.