Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

Upholding AO's statutory power, Court validates assessment u/s 144 despite CBDT instructions.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The High Court upheld the validity of the Assessing Officer's jurisdiction to frame the assessment order u/s 144. Even if the case was not liable for compulsory scrutiny per CBDT guidelines, it fell within Section 143(2) allowing the AO to issue notice and proceed with assessment u/s 144 if income had escaped assessment. The AO's power u/s 143(2) is statutory and cannot be curtailed by CBDT instructions, as that would require the AO to dispose of a case in a manner not prescribed by statute. The ITAT order upholding the assessment u/s 144 was found to have no illegality or infirmity.....