Held that as the addition is over Rs. 20 lakhs, the Assessing Officer had no jurisdiction to issue notice under section 148 in terms of section 149(1)(b) since he did not have any books of account, document or evidence to show that income escaping assessment would amount to, or likely to amount to, Rs. 50 lakhs or more. The notice had been passed by the ITO, who was a non-jurisdictional authority, when it should have been issued by the officer of the rank of Assistant Commissioner or Deputy Commissioner. Therefore, the assessment framed by the Assessing Officer is invalid for want of jurisdiction hence quashed. (AY. 2014-15, 2016-17)
Venkateswar Medicare P. Ltd. v. ITO (2024)115 ITR 325 /231 TTJ 791 / 169 taxmann.com 460 (Kol)(Trib)
S. 143(3) : Assessment-Jurisdiction-Pecuniary Jurisdiction-Non-corporate returns declaring income above Rs. 20 Lakhs with Assistant Commissioner or Deputy Commissioner and not with ITO-Notice and consequential assessment order is invalid-Instruction No. 1/2011 (F. No. 187/12/2010-It(A-I), Dated 31-1-2011. [S. 143(2), 148, 149(1)(b)]