Case Law Details
PCIT Vs Eversafe Securities (Calcutta High Court)
Whether ITAT has the power to entertain additional ground without recording reasons and without following Rule 46A of the Income-tax rules, 1962 and whether jurisdictional issue relating to non issuance of notice u/s 143(2) can be raised at any time?
The Division Bench of Calcutta High Court in this case was dealing with a case where the issue regarding non issuance of notice u/s 143(2) by the jurisdictional AO (which was raised for the first time before ITAT ) was allowed by the ITAT and on appeal by the department, the Division bench held that the settled legal position is that there is no estoppel against the law and when the issue raised is a jurisdictional issue which goes to the root of the matter , it can be raised at any time and thus the department’s appeal was dismissed.
The learned Tribunal had rightly taken note of the legal position and held the assessment to be bad in law. Thus we find there is no substantial questions of law arising for consideration in this appeal.
This judgement will be helpful in similar cases as well as when legal ground is taken first time before higher authorities.
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