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Income Tax Assessment Quashed Due to Invalid Notice by Officer Lacking Pecuniary Jurisdiction
Case Law Details
- Case Name
- Kshitiz Sachdeva Prop. Alert International Vs ITO (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Delhi
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Kshitiz Sachdeva Prop. Alert International Vs ITO (ITAT Delhi)
The primary issue was whether an assessment under section 143(3) is legally sustainable when the notice under section 143(2), which is foundational for assuming jurisdiction, was issued by an Assessing Officer not having pecuniary jurisdiction as per binding CBDT Instructions issued under section 119 of the Income-tax Act, 1961.
Facts: The assessee declared income of about ₹12.29 lakh for AY 2017–18. The notice under section 143(2) was issued by the ACIT, Circle 41(1), whereas as per CBDT Instruction No. 1/2011 dated 31.01.2011...
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