2008 (2) TMI 358

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....the memo of appeal, which is as follows: " Whether under the facts and in the circumstances of the case, the learned Tribunal was justified in annulling the assessment on the ground that the assessing officer completing the assessment did not had the jurisdiction over the case without appreciating that the assessee had not challenged the jurisdiction of the said assessing officer within one month of the receipt of notice under Section 143(2)/142(1) as required under Section 124(3) of the Income Tax Act, 1961." Briefly stated the facts giving rise to the present appeal are as follows: The respondent-assessee had filed the return of income tax under Section 139 (1) of the Act. Notice under Section 143(2) of the Act was issued by the Income....

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.... and Sri Rohit Nandan Shukla, learned counsel appearing for the respondent-assessee. Sri D.D. Chopra has submitted that in view of the specific provisions of sub-section (3) of Section 124 of the Act, the objection regarding jurisdiction should have been raised within 30 days from the date of service of notice under Section 143(2) of the Act and in the present case no such objection having been raised within the stipulated period, the respondent-assessee could not have raised any such objection beyond that period. He has further submitted that the Tribunal has not dealt with the specific finding given by the Commissioner of Income Tax (Appeals) on this issue. According to him, the order of the Tribunal is erroneous and contrary to law. S....