2005 (10) TMI 268 - AT - Income Tax

Summary

Issues: Jurisdiction of Assessing Officer under section 124 of the IT Act.

Analysis:
The Revenue appealed against the CIT(A)'s decision annulling the assessment made by the AO for lack of jurisdiction. The Departmental Representative argued that the assessee did not question the AO's jurisdiction during the assessment proceedings, citing section 124(3) of the IT Act which prohibits challenging jurisdiction after one month from the notice under section 143(2). The Representative relied on case laws from various High Courts, emphasizing that jurisdiction cannot be challenged before appellate authorities if not raised within the prescribed time limit. The Tribunal noted discrepancies in the officer's designation on the assessment order, clarifying that the officer who passed the order did not hold jurisdiction for the relevant assessment year. The assessment order was annulled due to lack of jurisdiction.

The Tribunal found that the CIT(A) did not address the merits of the case but annulled the assessment based on jurisdictional issues. The Departmental Representative's argument regarding the CIT(A)'s failure to follow the provisions of section 124 and relevant case laws was upheld. Consequently, the Tribunal set aside the CIT(A)'s order annulling the assessment and remanded the matter for fresh consideration on the merits that were not addressed by the CIT(A). The appeal filed by the Revenue was allowed, emphasizing the importance of adhering to the provisions of the IT Act in jurisdictional matters.