Opportunity to respond to jurisdictional reports is mandatory before customs settlement duty enhancement; connected applications require consistent ad...
Specific customs headings for scaffolding components prevail over general classification, invalidating misclassification proceedings and enabling with...
Liquidator appointment under Section 34 requires consideration of creditor recommendations, valid professional authorisation, and preservation of vali...
Income-tax exemption for specified regulatory fees and government grants applies subject to non-commercial activity and continuing compliance conditio...
Digital accessibility audit and remediation deadlines extended, while all other disability-compliance obligations for regulated entities remain unchan...
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Jurisdiction of AO - Validity of notice issued u/s 143(2) - No objection were filed within one month u/s 124 - The Appellate Tribunal found that the notices were indeed issued by a non-jurisdictional AO, and there was no dispute regarding this fact from the Revenue's side. However, the Revenue relied on Section 292BB, arguing that the absence of objection within the stipulated time period validated their actions. In response, the Tribunal referred to the case of ITO vs. Almak Finance P. Ltd., where it was held that actions taken by authorities lacking jurisdiction are void ab initio. Thus, failure to dispute jurisdiction under Section 124(3) did not preclude the appellant from challenging it later. Consequently, the Tribunal concluded that the AO lacked jurisdiction, leading to the quashing of the assessment order.
Jurisdiction of AO - Validity of notice issued u/s 143(2) - No objection were filed within one month u/s 124 - The Appellate Tribunal found that the notices were indeed issued by a non-jurisdictional AO, and there was no dispute regarding this fact from the Revenue's side. However, the Revenue relied on Section 292BB, arguing that the absence of objection within the stipulated time period validated their actions. In response, the Tribunal referred to the case of ITO vs. Almak Finance P. Ltd., where it was held that actions taken by authorities lacking jurisdiction are void ab initio. Thus, failure to dispute jurisdiction under Section 124(3) did not preclude the appellant from challenging it later. Consequently, the Tribunal concluded that the AO lacked jurisdiction, leading to the quashing of the assessment order.
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