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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Raipur
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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...




