Case Law Details
Shri Sushil Kumar Golecha Vs ACIT (ITAT Indore)
The law is well settled where the issue of jurisdiction of assessing authority is concerned, if the jurisdiction assumed is not in accordance with law, then it cannot be cured or ignored under the provisions of section 292B of the Act. In our considered view, the assumption of jurisdiction would begin from the recording of satisfaction by the A.O. that certain income has escaped assessment pertaining to a particular assessment year. Admittedly, the assessee has not challenged the validity of notice u/s 148 of the Act. The assessee was duly supplied satisfaction recorded u/s 153C of the Act. The assessee considered it as a satisfaction recorded u/s 148 of the Act and filed return in response thereto. This fact is not controverted by the assessee. It is also a fact that the manner in which the satisfaction u/s 147 of the Act is required to be recorded is not prescribed under the law. Therefore, considering the totality of the facts and under the peculiarity of the facts of the present case, in our considered view section 292B of the Act comes to rescue of the Assessing Officer.
FULL TEXT OF THE ITAT JUDGEMENT
This appeal by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), Ujjain, M.P. dated 2.5.20 16 pertaining to the assessment year 2010-11. The assessee has raised following revised grounds of appeal:
1. The Learned CIT(A) was not competent to take a view different from the binding decisions of Hon’ble SC/HC as written by CIT(A), himself in his order.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
