The assessee declared total income of ₹91.05 lakhs. Under CBDT Instruction No. 1 of 2011 issued under section 119, cases involving returned income exceeding ₹30 lakhs were required to be assessed by an Assistant Commissioner or Deputy Commissioner of Income-tax. The assessment, however, was completed by an Income-tax Officer and the Revenue failed to produce any order under section 127 transferring jurisdiction. The Tribunal held that the notice issued under section 143(2) by the Income-tax Officer was without jurisdiction and the consequential assessment was void ab initio. (AY. 2017-18).
Arjun Rishi v. ITO (2025) 126 ITR 664 / 176 taxmann.com 720 (Delhi)(Trib.)
S. 124: Jurisdiction of Assessing Officers-Pecuniary jurisdiction-Income exceeding ₹30 lakhs-Notice issued by Income-tax Officer without jurisdiction-Assessment invalid.[S. 119, 120, 127, 143(2)]
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