Tag: jurisdictional issue

ITAT analyses validity of notice u/s 143(2) by non jurisdictional AO. On objection, AO obligated to refer matter for determination of jurisdiction u/s 124(2) ABCAUS Case Law Citation: ABCAUS 2739 (2019) (01) ITAT Important Case Laws Cited/relied upon: ACIT Vs. Hotel Blue Moon (2010) 321 ITR 362 (SC) …

Income Tax Notice served on security guard at factory held validly and properly served under the provisions of Section 282(2) of the Income Tax Act, 1961-High Court Supreme Court has dismissed the SLP Filed by the assessee against the judgment of the High Court  (ABCAUS 2388 (2018) (10) SC) Read …

The jurisdiction cannot be challenged after expiry of time limit prescribed u/s 124(3). The challenge to jurisdiction is different from challenge to transfer of jurisdiction – ITAT ABCAUS Case Law Citation: ABCAUS 2475 (2018) 08 ITAT The instant appeal was filed by the assessee against the order of …

Assessment done by CIT-OSD promoted on situ basis upheld. Contention was that CIT could not be Assessing Officer u/s 2(7A) of Income Tax Act ABCAUS Case Law Citation ABCAUS 2369 (2018) 06 ITAT The instant appeal was filed by the assessee challenging the order passed by the CIT(A) …

Notice u/s 148 issued by ITO having jurisdiction over bank where assessee had account was held legal in view that there could be concurrent jurisdiction of two or more AOs over a particular assessee in terms of sub-section Section 120 (3) The instant Petition had been filed for …

Jurisdiction of AO cannot be challenged after completion of assessment proceedings. ITAT dismissed assessee’s appeal in view of provisions of section 124(3)(a) The appellant assessee by cross objections had challenged the order passed by the CIT(A) in confirming the action of the Assessing Officer (AO) in framing the …

Jurisdiction cannot be conferred even by consent of parties. Acquiescence or any principle of law can not confer legality to such income tax proceedings-Allahabad High Court ABCAUS Case Law Citation: ABCAUS 1143 (2017) (02) HC Brief Facts of the Case: In the present case, the order of assessment …

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 …