Tribunal held that since challenge to jurisdiction of Joint Commissioner to issue notice under section 148 was not made within time prescribed under section 124(3)(b), issue of challenge of jurisdiction no more survived and jurisdiction of Joint Commissioner stood confirmed . However since Assessing Officer had completed reassessment with presumption that assessee did not have registration under section 12AA, however, fact remained that assessee was granted registration under section 12AA, issue in assessment orders was to be re-adjudicated afresh after considering registration granted to assessee under section 12AA . ( AY.2009-10)
Karandhai Tamil Sangam v. JCIT (2018) 172 ITD 272 (Chennai) (Trib.)
S. 124 : Jurisdiction of Assessing Officer – Reassessment – Survey-Notice was issued by Joint Commissioner – Objection was not raised within time provided under section 124(3)(b) from date of issuance of said notice, jurisdiction of Joint Commissioner stood confirmed- Since Assessing Officer had completed reassessment with presumption that assessee did not have registration under section 12AA, however, fact remained that assessee was granted registration under section 12AA, issue in assessment orders was to be re-adjudicated afresh after considering registration granted to assessee under section 12AA .[ S.12AA, 120 , 148 ]