Just a moment...

Top
Help
AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

Try Now
×

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

Notice under s.148 issued by wrong officer is void for lack of jurisdiction; consent or prior acquiescence cannot cure it

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC held that a notice issued under s.148 by the jurisdictional Assessing Officer was void for want of jurisdiction where the statute mandates issuance by the FAO; this inherent lack of jurisdiction cannot be cured by consent or by the assessee's prior abandonment of challenge. The Court applied the principle that statutory powers must be exercised by the authority designated by statute, and any exercise inconsistent with statutory prescription is a nullity. Consequently, the petitioner's writ challenging the s.148 notice was maintainable despite earlier acquiescence, and the impugned notice (and any consequential action) was declared invalid, decision rendered in favour of the assessee.....