Penalty jurisdiction: instructions confirm inspecting assessing officer retains jurisdiction despite appellate reduction of assessed income. The Board instructs that where a penalty reference to a higher officer was made because the minimum imposable penalty exceeded the local threshold, appellate reduction of assessment does not divest the Inspecting Assistant Commissioner of jurisdiction; prior circular guidance must be followed and tribunal observations suggesting re examination do not alter this jurisdictional rule.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
The Board instructs that where a penalty reference to a higher officer was made because the minimum imposable penalty exceeded the local threshold, appellate reduction of assessment does not divest the Inspecting Assistant Commissioner of jurisdiction; prior circular guidance must be followed and tribunal observations suggesting re examination do not alter this jurisdictional rule.
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