2026 (3) TMI 462

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....elf as well as the consequential assessment framed u/s 143(3) of the Act dated 30.12.2017, is nullity and bad in law. 3. The facts in brief are that the assessee filed the return of income on 29.09.2015, declaring total income at Rs. 49,24,210. The case of the assessee was selected for scrutiny under Computer Assisted Scrutiny Selection (CASS) and notice u/s 143(2) of the Act dated 11.04.2016 and notice u/s 142(1) dated 30.07.2017, were issued and duly served upon the assessee. The assessee complied with the said notices. Finally, the assessment was framed by the ld. AO making additions/ disallowance to the tune of Rs. 6,71,36,837/-. 4. In the appellate proceedings, the ld. CIT(A) dismissed the appeal of the assessee by simply confirm....

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....e ITO, Ward 7(1), Kolkata is invalid on this count also. The Ld. A.R also submitted that Co-ordinate Bench of Kolkata in the case of Amiya Gopal Dutta vs. DCIT in ITA No. 126/Kol/2022 for AY 2016-17 dated 16.11.2022 has decided the identical issue in favour of the assessee. The Case of the assessee is also covered by the decision of the co-ordinate Bench in case of Raghvendra Mohta Vs. ACIT in ITA No.2416/KOL/2017 vide order dated 08.04.2024. The Ld. Counsel therefore prayed that the assessment may kindly be quashed. 5.1. The ld. DR on the other hand, submitted that the income is marginal above Rs. 20 lacs and assessee has never challenged the issue before the ld. AO or before the ld. CIT(A). The ld. DR submitted that the CBDT circular d....

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.... 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. An increase in the monetary limits is also considered desirable in view of the increase in the scale of trade and industry since 2001, when the present income limits were introduced. It has therefore been decided to increase the monetary limits as under:   Income Declared (Mofussil areas) Income Declared (Metro cities)   ITOS ACs/DCs ITOs DCs/ACs Corporate retums Upto Rs. 20 lacs Above Rs. 20 lacs Upto Rs. 30 lacs Above Rs. 30 lacs Non-corporate retur....