No 120(4)(b) Order, No Jurisdiction – Mere Mention Not Enough – ITAT Delhi

Nasir Ali Vs ACIT (ITAT Delhi) No 120(4)(b) Order, No Jurisdiction –Mere Mention Not Enough- ITAT Quashes Addl. CIT’s Assessment Assessee challenged validity of assessment framed by Addl. CIT, contending that no valid order u/s 120(4)(b) existed empowering Addl. CIT to act as AO. Revenue argued that jurisdiction was mentioned in assessment order & objection was time-barred under s.124(3). However, ITAT noted that under s.2(7A) read with s.120(4)(b), an Addl. CIT can act as AO only if specifically empowered by CBDT/competent authority. Revenue failed to produce any such order/notificati...