TPO passed an order with a direction to the AO to compute the total income in accordance with section 92(4). Since, the assessee had not objected to any orders passed by all hierarchy authorities it was precluded from raising such a contention before the High Court. Further, having not raised any objection with regard to jurisdiction assessee cannot now state that the entire proceedings are vitiated as it complied with the demand notices. No substantial question of law arises. (AY.2003-04)
POS Hyundai Steel Manufacturing (P.) Ltd. v. CIT (2021) 435 ITR 44/ 320 CTR 241 / 200 DTR 217 / 125 taxmann.com 383 (Mad.)(HC)
S. 260A : Appeal-High Court-Jurisdiction issue was not raised before lower Authorities-Cannot be raised first time before High Court-Only if the finding of fact of the tribunal is perverse can the question of correctness of the order in appeal arise. [S. 92(4), 260A]