Tag: jurisdictional issue

Location of the assessing officer who passed the order shall decide the jurisdiction of the Bench of the Tribunal In the instant case, ITAT Guwahati has held that the location of the assessing officer who passed the order shall decide the jurisdiction of the Bench of the Tribunal …

When approval for reassessment was granted by unauthorised authority, such jurisdictional error cannot be shielded by the law of limitation – High Court In a recent judgment, Calcutta high Court has held where approval for reassessment was granted by an authority not “specified” under the statute, such jurisdictional …

ITAT condemns irresponsible attitude and callous approach of the income-tax authorities making assessee shuttle between the CPC and jurisdictional AO In a recent judgment, ITAT Ahmedabad has expressed strong displeasure over the irresponsible attitude and callous approach of the income-tax authorities making assessee shuttle between the CPC and …

Jurisdiction of ITAT is determined not by the place of business or residence of assessee but by the location of the AO – ITAT In a recent judgment, Agra ITAT has dismissed the appeal of the assessee observing that the ordinary jurisdiction of the Bench will be determined …

Notice u/s 143(2) issued by ITO who lacked jurisdiction held valid as in substance it was in conformity with the intent & purpose of Income Tax Act 1961. In a recent judgment, Guwahati High Court has held that in absence of ITAT finding that notice u/s 143(2) issued …

Assessment quashed as the return of income was filed by the assessee was above Rs.10 lacs, for which, the jurisdiction vested only with the DCIT/ACIT and not with ITO. In a recent judgment, ITAT Raipur quashed assessment as the return of income was filed by the assessee above …

Change of address in PAN Card not result change in Jurisdictional Assessing Officer automatically – High Court In a recent judgment, Hon’ble Patna High Court has held that change of address in PAN data base only facilitates service of notice in the changed address and it does not …

Notice u/s 148A(b) issued by non-jurisdictional AO bad in law – ITAT quashed order u/s 148A(d) In a recent judgment, the ITAT Jodhpur has quashed order u/s 148A(d) as notice u/s 148A(b) was issued by the non-jurisdictional ITO was bad in law. ABCAUS Case Law Citation:ABCAUS 4095 (2024) …

Residence address of assessee mentioned in PAN registration details is vital and decisive to determine territorial jurisdiction of High Court In a recent judgment, the Hon’ble Allahabad High Court has held that in faceless assessment, to decide territorial jurisdiction of a High Court, residence address of assessee mentioned …

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 …