Shri. Ranjeet Singh vs. ACIT (ITAT Delhi)

COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: July 1, 2008 (Date of publication)
AY:
FILE:
CITATION:


Where the assessee was assessed at Delhi but a notice u/s 148 was issued by the AO in Ghaziabad and the assessee had protested the usurpation of jurisdiction from the beginning, held:

(i) The assessee was entitled to challenge the exercise the exercise of jurisdiction by the AO at Ghaziabad and on facts that AO did not have jurisdiction;
(ii) The notice u/s 148 being without jurisdiction, cannot be saved by s. 292B;
(iii) As the notice is void, the consequent assessment order is void as well.