2024 (9) TMI 1632 - SCH - Income Tax

AO jurisdiction to issue notice u/s 143 2 on the relevant date - ITAT quashing the assessment order passed u/s 143(3) by the Income Tax Officer, Ward-9(2), Kolkata on the ground of lack of jurisdiction - lack of jurisdiction without considering Sub-section (2) of Section 124 and Sub-Section (3) of 127 - As decided by HC 2023 (1) TMI 1418 - CALCUTTA HIGH COURT legal position had been rightly taken note of by the learned tribunal and the assessee cannot be prevented from raising the question of jurisdiction which is an issue which goes to the root of the matter and the learned tribunal had rightly permitted the assessee to canvas the issue and also rightly concluded that the assessment was bad in law - revenue could not factually controvert the submissions of the assessee that notice u/s 143 2 and section 142 1 of the Act was issued by an officer, who did not have jurisdiction over the assessee. HELD THAT - The tax amount involved in the present case is about ₹1,50,000/- ( Rupees one lakh fifty thousand only ). It is stated that the legal issues raised in the present case are also pending adjudication in other cases. Such legal issues would be decided in the said cases. We fail to understand as to why, for such a petty amount, the petitioner, Principal Commissioner of Income-Tax 1, has approached this Court. There is also a delay of 477 days in the filing of the present special leave petition. Accordingly, the application for condonation of delay as well as the special leave petition are dismissed.

Summary

The Supreme Court dismissed the special leave petition due to a delay of 477 days in filing and a small tax amount of Rs. 1,50,000. The legal issues raised are pending in other cases. The petitioner was the Principal Commissioner of Income-Tax 1.