CIT v. Shankar Lall Goenka (2025) 481 ITR 690 / 305 Taxman 16 / 345 CTR 75 / 250 DTR 305 (Gauhati)(HC)

S. 143(3): Assessment-Notice under S. 143(2) issued by ITO lacking pecuniary jurisdiction-Assessee participated in proceedings before Dy. CIT without objection-Objection raised for first time before Tribunal barred by S. 292BB-Tribunal erred in quashing assessment-Matter remanded. [S. 143(2), 254(1), 260A, 292B, 292BB]

The ITO issued notice under S. 143(2), though he did not have pecuniary jurisdiction, and thereafter transferred the proceedings to the Dy. CIT, who completed the assessment under S. 143(3). The assessee participated in the assessment proceedings before the Dy. CIT without raising any objection as to jurisdiction or validity of notice. No such ground was raised even before the CIT(A). The Tribunal, however, quashed the assessment on the ground that no notice under S. 143(2) was issued by the Dy. CIT. On appeal by the Revenue, the High Court held that the Tribunal ignored the provisions of S. 292B and S. 292BB. The notice issued by the ITO was not found to be invalid in substance or contrary to the intent of the Act, and hence could not be treated as invalid merely on account of defect in jurisdiction. Further, in view of S. 292BB, the assessee having participated in the proceedings without objection till completion of assessment, was precluded from raising such objection for the first time before the Tribunal. The impugned order of the Tribunal was set aside and the matter remanded to the Tribunal for adjudication on other grounds. (AY. 2015-16)

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