Tag: jurisdictional issue

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 …

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 …