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) ]

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.