Assessee filed its return of income and same was selected for scrutiny. A notice under section 143(2) was issued by ACIT, who had no jurisdiction over assessee. Assessing Officer, Circle 8(1), in pursuance to said notice issued by ACIT, passed an ex parte assessment order. The assessment order was challenged by assessee by filing writ before the High Court. Allowing the petition the Court held that since Assessing Officer, who had jurisdiction over assessee, passed impugned assessment order without issuing notice under section 143(2) within time limit prescribed, order was set aside.
S.K. Industries v. ACIT (2022) 141 taxmann.com 568 (Delhi)(HC) Editorial : SLP of Revenue dismissed since no good ground and reason to condone delay was found, ACIT v. S.K. Industries (2022) 288 Taxman 651 (SC)
S. 143(2) : Assessment-Notice-Jurisdiction-Transferred from Assessing Officer, Circle VIII to Assessing Officer, Circle 8(1)-Notice under section 143(2) was issued by ACIT, who had no jurisdiction over assessee-Assessment order was set aside. [S. 124(3)(a), 143(3), 144, Art. 226]