https://www.taxtmi.com/caselaws?id=185649 Assessment issued by an officer lacking territorial or functional jurisdiction is void, and notices under section 142(1) and an assessment under section 144 cannot be sustained where the assessee had already filed a return with the regular Assessing Officer. A development agreement will not trigger deemed transfer or capital gains under section 2(47)(v) read with section 53A unless consideration is fixed and the statutory elements of possession and enforceable transfer are actually satisfied; on the stated facts, they were not. Reference to documents already on record before the Assessing Officer did not amount to fresh additional evidence, so Rule 46A was not attracted. en-us Fri, 29 Jul 2011 00:00:00 +0530 Mon, 22 Aug 2016 17:13:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185649 Assessment issued by an officer lacking territorial or functional jurisdiction is void, and notices under section 142(1) and an assessment under section 144 cannot be sustained where the assessee had already filed a return with the regular Assessing Officer. A development agreement will not trigger deemed transfer or capital gains under section 2(47)(v) read with section 53A unless consideration is fixed and the statutory elements of possession and enforceable transfer are actually satisfied; on the stated facts, they were not. Reference to documents already on record before the Assessing Officer did not amount to fresh additional evidence, so Rule 46A was not attracted. Case-Laws Income Tax Fri, 29 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185649