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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)
- 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 Raipur
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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...






