Case Law Details
Case Name : ITO Vs Christi Jain (ITAT Raipur)
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...
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