TaxTMI 
TaxTMI 
2025 (5) TMI 2310
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....7-18, respectively, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') in both the appeals. 2. Heard both the parties. Case files perused. 3. It emerges during the course of hearing that the assessee has sought to raise an additional ground vide its application dated 09.12.2024 to the effect that the impugned twin identical assessments, framed by the ACIT, Circle -4(1), Gurgaon, dated 26.12.2016 and 26.12.2017, are non-est in the eyes of law since not preceded by a valid section 143(2) notice issued by the competent authority. The Revenue's case on the other hand is that the learned Assessing Officer had indeed issued his section 143(2) notices dated 29.08.2015 and....
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....ed assessee for the A. Y. 2014-15 in one volume. Since, the assessee has loss of more than Rs 35 lacs (ie Rs. 3,64,94,465/-) during the year under consideration, hence, the jurisdiction over the case lies with you Therefore, the assessment record in one volume is transferred to you for further necessary action at your end. Please enter the pendency of the case in your record. It is submitted that the case is time barring on 31.12.2016. 5. That being the clinching factual position on record, we are of the considered view that the learned ITO, Ward-4(5) never had jurisdiction to issue section 143(2) notice(s) in scrutiny in the assessee's twin assessments in light of the CBDT's landmark instruction no. 1/2011, dated 31st J....
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....2/2010-IT(A-1), DATED 31-1- 2011 References have been received by the Board from a large number of taxpayers, especially from mofussil areas, that the existing monetary limits for assigning 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. 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 bee....
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.... Circle - 27(2), New Delhi. Hence, it was argued that the notice under section 143(2) of the Act dated 12.04.2016 issued by the ITO selecting the return of assessee for A.Y. 2015-16 for scrutiny is without jurisdiction and consequently, the assessment framed under section 143(3) of the Act dated 14.12.2017 required to be quashed as void ab initio. When this was confronted to learned DR, he pointed out to the provisions of section 124(3) of the Act wherein it was mentioned that assessee should challenge within one month about the jurisdiction of the AO on receipt of the notice. In the instant case, nowhere up to learned CIT(A), the assessee has challenged the jurisdiction of the learned AO. In our considered opinion, this argument of the lea....
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....d by the Central Board of Direct Taxes, where income declared/ returned by any Non-Corporate assessee is up to Rs. 20 lakhs, then the jurisdiction will be of ITO and where the income declared returned by a Non Corporate assessee is above Rs. 20 lakhs, the jurisdiction will be of DC/ AC. 3. Petitioner has filed return of income of about Rs. 64,34,663/- and therefore, the jurisdiction will be that of DC/AC and not ITO. Mr. Jain submitted that since notice under section 148 of the Act has been issued by ITO, and not by DC/AC that is by a person who did not have any jurisdiction over Petitioner, such notice was bad on the count of having been issued by an officer who had no authority in law to issue such notice. 4. We have con....