ACIT Vs S.K. Industries (Supreme Court of India)
The supplied Supreme Court material records that the Court did not find any good ground and reason to condone the delay or interfere with the impugned order. The application for condonation of delay and the special leave petition were therefore dismissed. The Supreme Court material further states that any pending application stood disposed of. The supplied material does not state any further Supreme Court reasoning or identify a separate substantive issue decided by the Supreme Court.
Read HC Judgment in this case: Delhi HC Quashes Assessment for Failure to Issue Timely Section 143(2) Notice
The underlying proceedings arose from an assessment order dated 31st March, 2016 passed by the Income Tax Department under Sections 144/143(3) of the Income Tax Act, 1961. S.K. Industries, through its partner, challenged that assessment before the Delhi High Court principally on the ground that the Assessing Officer having jurisdiction over the assessee had not issued notice under Section 143(2) within the prescribed time.
The supplied High Court judgment records that, on 28th March, 2010, the Commissioner of Income Tax (Central), New Delhi transferred the petitioner’s jurisdiction under Section 127 from the AO of Circle VIII to the AO of Circle 8(1), New Delhi. The assessee filed its return of income on 29th September, 2013 in the office of the AO of Circle 8(1), declaring a loss. On 3rd September, 2014, ACIT, Circle 31(1), described as Respondent No. 2, issued notice under Section 143(2), although that AO had no jurisdiction over the assessee. The jurisdictional AO, Respondent No. 1, subsequently issued notice under Section 142(1) on 21st July, 2015 for furnishing details for AY 2013-14.
