2026 (2) TMI 919

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...., we note that the appeal of the Revenue is barred by limitation for 62 days for which Condonation petition is filed. After perusing the condonation petition and hearing the rival parties, we are of the view that the delay is for sufficient and genuine reasons and therefore, we are inclined to condone the delay. 03. The Revenue has challenged the deletion of addition by learned CIT (A) on merits by raising three grounds whereas, the assessee by filing cross objection challenging the validity of the order passed by the learned AO u/s 143(3) of the Act dated 28.12.2019. Since the assessee has raised legal issue in the cross objection, therefore, we are inclined to decide the legal issue raised in the cross objection. 04. The first issue....

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....g cases to ITOs and DCS/ACs is causing hardship to the taxpayers, as it results in transfer of their cases to a DC/AC who is located in a different station, which increases their cost of compliance. The Board had considered the matter and is of the opinion that the existing limits need to be revised to remove the abovementioned hardship.   Income declared (mofussil areas) Income declared (metro cities)   ITOs Acs/ DCs ITOs DCs/ Acs Corporate returns Upto Rs.20 lcs Above Rs.20 lacs Upto Rs.30 lacs Above Rs.30 lacs Non-corporate returns Upto Rs.15 lacs Above Rs.15 lacs Upto Rs.20 lacs Above Rs.20 lacs An increase in the monetary limits is also considered desirable in vie....

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....assed the assessment order did not have jurisdiction over the case of the assessee and, therefore, the notice as well as the assessment order are bad in law. The learned Tribunal took note of the facts and circumstances of the case and found that the assessee filed its return of income declaring the income to be nil. Subsequently, notice under section 143(2) was issued on 10.9.2015 and notice under section 142(1) dated 13.6.2016 was issued along with the questionnaire. The assessee contended that the notices were without jurisdiction and relied upon section 120 of the Act. In this regard, the assessee referred to the notification issued by the CBDT in Instruction No.1 of 2011. The learned Tribunal took into consideration the facts of the ca....