Clause 135 - Jurisdiction of Assessing Officers - Direct Taxes Code Bill, 2009

Jurisdiction of Assessing Officers 135. (1) The Assessing Officer who has been vested with jurisdiction over any area, by virtue of any direction or order issued under section 134, shall, within the limits of such area, have jurisdiction in respect of - (a) any person carrying on a business, if- (i) in a case where the business is carried on in more places than one, the principal place of his business is situate within the area; or (ii) in any other case, the place at which he carries on his business is situate within the area; and (b) any other person residing within the area. (2) Any dispute relating to jurisdiction of any Assessing Officer shall be decided by the Chief Commissioner under whom the Assessing Officer function. (3) Any dispute relating to jurisdiction of the Assessing Officer where it relates to areas within the jurisdiction of different Chief Commissioners shall be decided by consensus between the Chief Commissioners and if they are not in agreement, by the Board, or by such Chief Commissioner as the Board may direct. (4) No person shall be entitled to question the jurisdiction of an Assessing Officer- (a) after the expiry of one month from the date on which he was served with the notice under sub-section (1) of section 157, if the person has furnished a return under sub-section (1) of section 148; (b) after the expiry of the time allowed by the notice under sub-section (1) of section 151, under sub-section (1) of section 152 or under sub-section (1) of section 166, if no return has been filed; (c) after the completion of assessment. (5) The Assessing Officer shall refer to the Chief Commissioner any objection raised by the assessee relating to his jurisdiction if the Assessing Officer is not satisfied with the correctness of such objection. (6) Every Assessing Officer shall have all the powers conferred by, or under, this Code on an Assessing Officer in respect of the tax base accruing, or receipt, within the area over which he has been vested with jurisdiction under section 134, regardless of anything contained in this section or in any direction or order issued under section 134.