Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Income Tax Reassessment Invalid Due to Jurisdiction Errors by Assistant Commissioner; Tribunal Rules for Assessee.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Reassessment proceedings were held invalid due to lack of proper jurisdiction by the Assistant Commissioner of Income Tax while issuing the notice u/s 148. The assessment order was not passed by the person issuing the notice, rendering it a curable defect u/s 292BB. The ACIT lacked pecuniary jurisdiction as the assessee's total income for the relevant assessment year fell within the Income Tax Officer's jurisdiction. The subsequent transfer of assessment records by the ACIT to the ITO was deemed illegal, as transfers can only be done u/s 127 of the Income Tax Act, 1961. The defect was deemed incurable and not amenable to correction u/s 292BB. Consequently, the notice issued u/s 148 was without jurisdiction, and the consequent assessment ord.........