Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
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The High Court examined the jurisdiction of the Assessing Officer (AO) and the prescribed income-tax authority to issue notices u/s 143(2) of the Income Tax Act. It held that either the AO or the prescribed authority can issue such notices, as evident from the expression "as the case may be" in Section 143(2). The Central Board of Direct Taxes (CBDT) is empowered u/r 12E of the Income Tax Rules to authorize an Income Tax Officer as the prescribed authority for issuing notices u/s 143(2). In the present case, the CBDT had authorized the Assistant/Deputy Commissioner of Income Tax (International Taxation), Circle-1(1)(1), Delhi, to act as the prescribed authority. Therefore, the notice issued by this officer u/s 143(2) was valid and within jurisdiction. The contention that only National Faceless Assessment Centre officers can issue such notices was rejected as unsupported by the provisions. The prescribed authority can issue, not merely serve, notices u/s 143(2). Once the jurisdiction to issue notice u/s 143(2) is established, the AO cannot be faulted for completing the assessment.
The High Court examined the jurisdiction of the Assessing Officer (AO) and the prescribed income-tax authority to issue notices u/s 143(2) of the Income Tax Act. It held that either the AO or the prescribed authority can issue such notices, as evident from the expression "as the case may be" in Section 143(2). The Central Board of Direct Taxes (CBDT) is empowered u/r 12E of the Income Tax Rules to authorize an Income Tax Officer as the prescribed authority for issuing notices u/s 143(2). In the present case, the CBDT had authorized the Assistant/Deputy Commissioner of Income Tax (International Taxation), Circle-1(1)(1), Delhi, to act as the prescribed authority. Therefore, the notice issued by this officer u/s 143(2) was valid and within jurisdiction. The contention that only National Faceless Assessment Centre officers can issue such notices was rejected as unsupported by the provisions. The prescribed authority can issue, not merely serve, notices u/s 143(2). Once the jurisdiction to issue notice u/s 143(2) is established, the AO cannot be faulted for completing the assessment.
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