Allowing the appeal of the assessee the Tribunal held that once transfer of case of assessee was ordered under S. 127 of the Act . AO who was vested with jurisdiction by virtue of direction or order issued under Sub-Section (1) o (2) of S. 120 And S. 124, stood divested of same and in such a case notice issued under S. 143(2) by said AO After date of transfer, was to be regarded as invalid notice and consequently, assessment framed under S. 43(3) pursuant to notice issued would be void ab initio.
Rungta Irrigation Ltd. v. ACIT (2020) 181 ITD 95 / 206 TTJ 449/ 193 DTR 121 (Kol) (Trib.)
S. 143(2) : Assessment – Notice – Notice issued after date of transfer was regarded as invalid notice – Assessment framed pursuant to illegal notice is held to be void ab initio .[ S.124, 127, 143(3) ]