Income Tax

Jurisdictional issue not general ground requiring no adjudication. Whenever jurisdiction is questioned it is to be first decided.

Jurisdictional issue not general ground requiring no adjudication. Whenever jurisdiction of an authority to pass the order is questioned then the foundational fact questioned is to be first decided-ITAT

ABCAUS Case Law Citation:
ABCAUS 1118 (2017) (02) ITAT

Assessment Year : 2009-10
Date/Month of Judgment/Order: February, 2017

Brief Facts of the Case:
The Assessing Officer (AO) concluded the assessment at an income which was approx Rs. four lacs higher than the returned income by the order u/s 143/144 of the Income Tax Act, 1961 (Act).

Before the CIT(Appeals) the assessee raised the jurisdictional issue. However it was dismissed as being general and consequential in nature requiring no adjudication.

Observations made by the ITAT:
The Tribunal observed that the jurisdictional issue could not be said to be a general ground requiring no adjudication. Whenever jurisdiction of an authority to pass the order is questioned then the foundational fact questioned is to be first decided as per law on facts applicable to it.

Held:
The order passed without deciding the jurisdictional issue was set aside and the issue was restored back to the CIT(A) with a direction to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard.

Download Full Judgment

Share

Recent Posts

  • Income Tax

Refusing to condone delay can result in a meritorious matter thrown out at threshold

Refusing to condone delay can result in a meritorious matter thrown out at very threshold against case being decided on…

14 hours ago
  • Income Tax

Prior period income cannot be considered as income of the current year

When prior period expenses are not admissible as deduction, following the same principle the prior period income also cannot be…

1 day ago
  • Income Tax

SC condoned delay of 972 days in filing appeal due to restructuring in Department

Supreme Court condoned delay of 972 days in filing appeal due to restructuring in Income Tax Department In a recent…

2 days ago
  • Income Tax

No addition on mere valuation report when stamp duty valuation is available

Addition can not be made relying on the valuation report of property when the stamp duty valuation is also available…

2 days ago
  • Income Tax

ITAT deleted penalty for making a wrong claim of deduction u/s 54F/54B

Wrong claim of deduction u/s 54F/54B was not a case of concealment of particulars of income or furnishing inaccurate particulars…

2 days ago
  • GST

Value of taxable supply and rates notified Pan Masala / tobacco products

CBIC notifies GST rates and value of taxable supply for Biris, Pan Masala / tobacco products  Ministry of Finance(Department of…

2 days ago