TaxTMI 
TaxTMI 
2022 (3) TMI 958
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....f the case, the Ld. CIT(A) erred in deleting the addition of Rs. 2,20,67,913/- made by the AO on grounds of bogus expenditure and also deleting the addition of Rs. 5,32,780/- made by the AO as unexplained expenditure. 2. That in law and on the facts of the case, the Ld. CIT(A) was not justified in accepting fresh evidences in violation to the provisions of Rule 46A of I.T.Rules. 3. That in law and on the facts of the case, the Ld. CIT(A) got himself misdirected by accepting the argument of the assessee that order u/s 127 of the Act required for transfer of jurisdiction from the ITO to the ACIT/DCIT. 4. That in law and on the facts of the case, the Ld. CIT(A) misconstrued transfer of records from the ITO to the ACI....
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....der u/s 127 of the Act was passed to vest the jurisdiction from ITO to ACIT and hence, the assessment order passed by the ACIT was without jurisdiction. 6. The Ld. D.R has not disputed the aforesaid factual position. However, he has submitted that the concerned ACIT being the overall in charge of the concerned ward was competent to frame the assessment. 7. We have considered the rival contentions of both the Ld. Representatives of the parties. Before proceedings further, it will be appropriate to refer to Section 120 of the Act, which for sake of ready reference, is reproduced as under: "Jurisdiction of income- tax authorities (1) Income- tax authorities shall exercise all or any of the powers and perform all or any ....
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....o a person or classes of persons and income or classes of income also. Therefore, the CBDT having regard to the income as per return has fixed the jurisdiction of the Assessing Officers. The ld. Counsel in this respect has relied upon the CBDT Instruction No.1/2011 [F.No.187/12/2010-IT(A-I), for the sake of convenience is reproduced as under: "Instruction No.1/2011 [F.No.187/12/2010-IT(A-I), DATED 31-1-2011 References have been received by the Board from a large number of taxpayers, especially from mofussil areas, that the existing monetary limits for assigning cases to ITOs and DCs/ACs is causing hardship to the taxpayers, as it results in transfer of their cases to a DC/AC who is located in a different station, which increases....
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....assessee a reasonable opportunity of being heard in the matter, wherever it is possible to do so, and after recording his reasons for doing so, transfer any case from one or more Assessing Officers subordinate to him (whether with or without concurrent jurisdiction) to any other Assessing Officer or Assessing Officers (whether with or without concurrent jurisdiction) also subordinate to him. 10. A perusal of the above statutory provisions would reveal that jurisdiction to transfer case from one Assessing Officer to other Officer lies with the Officers as mentioned in section 127(1) who are of the rank of Commissioner or above. No document has been produced on the file by the Department to show that the case was transferred by the compete....