Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Jurisdictional Defect Nullifies Tax Assessment: Assessment Order Quashed Under Section 143(3) for Lack of Inherent Authority

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC quashed the assessment order u/s 143(3) after determining AO's lack of inherent jurisdiction. The Tribunal analyzed the case facts, noting the assessee's nil income return and subsequent notices u/s 143(2) and 142(1). Relying on CBDT Instruction No.1 of 2011 and precedent in Bhagyalaxmi Conclave (P) Ltd., the Tribunal found the AO exceeded jurisdictional limits. The revenue's challenge was unsuccessful, with the HC dismissing a similar appeal involving identical substantial legal questions. Consequently, the Tribunal's order setting aside the AO's assessment was upheld, effectively deciding against the revenue on jurisdictional grounds.....