OSL Developers (P.) Ltd. v. ITO (2021) 187 ITD 559 (Kol.) (Trib.)

S. 143(3) : Assessment-Jurisdiction of Assessing Officer-Order giving effect to the order of the Commissioner-After passing of reassessment proceedings case was transferred to another Assessing Officer-Order giving effect by the original Assessing Officer after transfer of jurisdiction is held to be bad in law. [S. 124, 127 143(3), 147, 148, 263]

ITO passed a reassessment order under section 147/143(3) in case of a by making an addition of certain amount.  Thereafter, case of assessee was transferred under section 127 from ITO to Dy. CIT.  Later on, Pr. CIT invoked his revisionary jurisdiction under section 263 requiring to set aside such reassessment order originally framed by ITO under section 147 of the Act.  ITO giving effect to order of Pr. CIT set aside such earlier order passed by him under section 147/143(3) and framed reassessment under section 263/143(3).  On appeal the Tribunal held that as per  section 127 it was found that transfer of jurisdiction over assessee’s case from charge of ITO to Dy. CIT was absolute and without reserving any right of concurrent jurisdiction over assessee to ITO.  Therefore, ITO had no jurisdiction to frame impugned revisional assessment under section 263 as jurisdiction vested in him had already been transferred under section 127 to Dy. CIT, thus, such revisional order under section 263/143(3) was to be quashed.  (AY. 2008-09)