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.
Liability under the Motor Vehicles Act can’t be decided on the grounds of sympathy alone but must be established by…
ICAI notifies Dates of CA Foundation, Intermediate and Final Exams May 2026 The Institute of Chartered Accountants of India has…
Interest under section 234A cannot be levied on self-assessment tax paid before the due date of filing of return of…
SEBI defers timeline for implementation of Phase III of Nomination SEBI had issued a circular on “Revise and Revamp Nomination…
RBI revises directions on opening & Maintenance of Cash Credit accounts, Current Accounts and Overdraft Accounts by all Banks Reserve…
Resolution Professional can’t claim income tax refund for a period prior to approval of the resolution plan In a recent…