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When AO Lacks Jurisdiction, Assessment Is Void – ITAT Raipur Quashes Reassessment

Case Law Details

Case Name
ITO Vs Christi Jain (ITAT Raipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
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ITO Vs Christi Jain (ITAT Raipur) When AO Has No Jurisdiction, Assessment Dies at Birth – ITAT Raipur- Jurisdictional Defect Cannot Be Waived: ITAT Follows Supreme Court in Quashing Reassessment Background AO’s Action: Reassessment order passed u/s 144 r.w.s. 147 on 30.12.2018 by ITO-3(1), Raipur. AO himself noted that jurisdiction lay with ITO-68(1), New Delhi & proposal u/s 127 for transfer was initiated, but he still completed assessment. CIT(A) Findings Held that AO lacked territorial jurisdiction. Assessee had objected to jurisdiction through multiple letters. Hence, order pass...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,510

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