Jurisdictional validity of tax notice: lack of proper jurisdiction can vitiate assessment proceedings and nullify further action. The dominant operative point is that a valid scrutiny assessment under Section 143(2) requires issuance by an officer with lawful jurisdiction determined ... Summary
Jurisdictional validity of tax notice: lack of proper jurisdiction can vitiate assessment proceedings and nullify further action.
The dominant operative point is that a valid scrutiny assessment under Section 143(2) requires issuance by an officer with lawful jurisdiction determined by income thresholds and administrative instructions; failure in jurisdictional competence can render the notice and ensuing assessment proceedings invalid. Procedural fairness-specifically the opportunity to be heard-is a corollary concern, and while issues regarding additions under Section 69A and the tax effect of Section 115BBE are raised, they become academic if the initiation itself is found jurisdictionally flawed.
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