https://www.taxtmi.com/caselaws?id=459108 ITAT Raipur quashed an assessment after finding that the notice under section 143(2) was issued by ITO-2(4) who lacked jurisdiction over the assessee. Per CBDT Instructions No. 1/2011 and 6/2011, cases with returned income above Rs. 10 lakhs in mofussil areas required handling by ACIT/DCIT rank officers. Since the assessee's returned income was Rs. 40,63,900, the ITO had no authority to issue the notice. Following precedent in Mata Road Carriers, the tribunal held that CBDT instructions are binding on revenue authorities. The invalid notice rendered the entire assessment void ab initio, and the assessee's appeal was allowed. en-us Wed, 12 Jul 2023 00:00:00 +0530 Sun, 01 Dec 2024 09:34:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459108 ITAT Raipur quashed an assessment after finding that the notice under section 143(2) was issued by ITO-2(4) who lacked jurisdiction over the assessee. Per CBDT Instructions No. 1/2011 and 6/2011, cases with returned income above Rs. 10 lakhs in mofussil areas required handling by ACIT/DCIT rank officers. Since the assessee's returned income was Rs. 40,63,900, the ITO had no authority to issue the notice. Following precedent in Mata Road Carriers, the tribunal held that CBDT instructions are binding on revenue authorities. The invalid notice rendered the entire assessment void ab initio, and the assessee's appeal was allowed. Case-Laws Income Tax Wed, 12 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459108