Tag: jurisdictional issue
Which is Jurisdictional High Court upon transfer of case u/s 127 of the Income Tax Act, 1961 from one AO to another Assessing Officer located in a different State – Supreme Court settles the issue ABCAUS Case Law CitationABCAUS 3608 (2022) (08) SC Important Case Laws involved:Seth Banarsi …
Only AO holding charge over an assessee for assessment purposes could issue reassessment notice u/s 148 – ITAT ABCAUS Case Law Citation ABCAUS 3587 (2022) (03) ITAT Important case law relied referred:Lt. Col. Paramjeet Singh vs. CIT (1996) 220 ITR 446Attar Singh & Ors. In the instant case, …
Reason recorded by non jurisdictional Assessing Officer cannot give jurisdiction to the jurisdictional Assessing Officer. ABCAUS Case Law CitationABCAUS 3449 (2021) (02) ITAT Important case law relied referred:Pankaj Bhai Jayshuklal Shah vs. CIT (2020) 425 ITR 70Manoj Kumar vs. ACIT reported 79 ITR (Tribunal) 158 Delhi In the …
Exemption u/s 54/54F for house purchased in wife name, Deduction allowed for change in jurisdictional High Court with favourable judgment ABCAUS Case Law Citation:ABCAUS 3292 (2020) (04) ITAT Important case law relied upon by the parties:CIT, Faridabad vs Dinesh VermaCIT vs., Kamal Wahal 351 ITR4CIT vs. Ravinder Kumar …
Assessment framed by AO having no territorial jurisdiction based on Postal Pin Code as per CBDT Notification quashed ABCAUS Case Law Citation:ABCAUS 3268 (2020) (02) ITAT Important case law relied upon by the parties:National Thermal Power Co. Ltd. vs. Commissioner of Income Tax (1998) 29 ITR 383 (SC)Ramshila …
ITAT authorised to consider question of jurisdiction raised first time and not raised earlier as it goes to the root of the matter and substantially affects the rights of assessee ABCAUS Case Law Citation:ABCAUS 3111 (2019) (08) ITAT Important case law relied upon by the parties:National Thermal Power …
Issue of notice u/s 148 by Non jurisdictional AO not valid. Section 292BB not applicable where assessee had already objected the issue before AO ABCAUS Case Law Citation:ABCAUS 3096 (2019) (08) ITAT The instant appeal filed by the assessee was directed against the order of CIT(A). The assessee …
Notice u/s 143(2) issued by ITO of non jurisdictional ward and consequent assessment framed was invalid and hence both quashed ABCAUS Case Law Citation: ABCAUS 2977 (2019) (05) ITAT Important Case Laws Cited/relied upon by the parties: Hindustan Transport Co. vs. Inspecting Assistant Commissioner 189 ITR 326 Abhishek …
AO had no jurisdiction to frame assessment when statutory notices issued at parental house and assessee was living at a different State. ABCAUS Case Law Citation: ABCAUS 2955 (2019) (05) ITAT The assessment proceedings u/s 147 of the Income Tax Act, 1961 (the Act) was initiated against the …
Seat of ITAT not AO decides jurisdiction of High Court to which appeal would lie. High Court explains the law on jurisdiction over ITAT ABCAUS Case Law Citation: ABCAUS 2834 (2019) (03) HC Important Case Laws Cited/relied upon by the parties CIT Vs. Sahara India Financial Corp. Ltd. …