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Transfer of cases between AOs without Section 127 order is invalid: ITAT Delhi

Case Law Details

Case Name
Ramesh Kumar Gupta Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Ramesh Kumar Gupta Vs ITO (ITAT Delhi) Jurisdiction Transfer Requires Section 127 Order -Directions u/s 120(5) cannot substitute a mandatory transfer order-  ITAT Delhi Quashes Assessment Assessee had filed return declaring income of Rs.52.49 lakh. Assessment was completed ex parte u/s 144. AO noted that case was initially selected for scrutiny by ITO, Ward 39(4), Delhi. Later it was transferred to ITO, Ward 36(4) & finally to ITO, Ward 36(6), Delhi, who passed the assessment order on 21.12.2019. AO recorded that such transfer was made by JCIT, Range 36 through order dated 23.10.2019 u/s...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,494

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