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    <title>2025 (1) TMI 1284 - ITAT DELHI</title>
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    <description>The dominant issue was whether a scrutiny assessment u/s 143(3) was valid when the mandatory notice u/s 143(2) was issued by a non-jurisdictional officer. The Tribunal held that, absent any transfer order u/s 127 placing jurisdiction with the officer who issued the notice, the notice u/s 143(2) had to be issued by the jurisdictional AO who would complete the assessment. As the assessment was completed by another AO without a jurisdictional notice and without due process, the defect went to the root and was not curable. The assessment u/s 143(3) was consequently held invalid and the appeal was allowed.</description>
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    <pubDate>Wed, 15 Jan 2025 00:00:00 +0530</pubDate>
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      <title>2025 (1) TMI 1284 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=765220</link>
      <description>The dominant issue was whether a scrutiny assessment u/s 143(3) was valid when the mandatory notice u/s 143(2) was issued by a non-jurisdictional officer. The Tribunal held that, absent any transfer order u/s 127 placing jurisdiction with the officer who issued the notice, the notice u/s 143(2) had to be issued by the jurisdictional AO who would complete the assessment. As the assessment was completed by another AO without a jurisdictional notice and without due process, the defect went to the root and was not curable. The assessment u/s 143(3) was consequently held invalid and the appeal was allowed.</description>
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      <pubDate>Wed, 15 Jan 2025 00:00:00 +0530</pubDate>
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