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CIT(A) Must Decide Jurisdiction Before Remanding Reassessment to AO: ITAT Raipur

Case Law Details

Case Name
Ayush Jindal Vs ITO (ITAT Raipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement Ayush Jindal Vs ITO (ITAT Raipur) Raipur ITAT: CIT(A) Must Decide Jurisdictional Challenge Before Remanding Reassessment to AO The Raipur ITAT held that where an assessee specifically challenges the validity of reassessment proceedings, the CIT(A)/NFAC is duty-bound to adjudicate that jurisdictional issue first. The first appellate authority cannot bypass such a legal ground and simply remand the matter to the Assessing Officer for fresh assessment. In the present case, the Assessing Officer reopened the assessment under sections 147/148 and, due to the assessee’s non-co...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,854

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