2014 (3) TMI 859

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... wal, learned counsel for the petitioner and Shri Ghanshyam Chaudhary, learned counsel appearing for Income Tax Department. The petitioner has assailed the order dated 5th February, 2014, passed by the Deputy Commissioner of Income Tax, Range II, Lucknow, rejecting the petitioner's objection on the issue of jurisdiction of notice issued under Section 142 (1) for the assessment year 2011-12 bei .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... re at on 1.4.2012. Learned counsel for the petitioner further submits that the order impugned is based on misconception of the facts and law. that till date no order under Section 127 of the Income Tax Act has been passed by the competent authority to transfer the case from his jurisdiction. It is stated by him that Section 124 (2) empowers the Assessing Officer to refer the disputes of jurisdict .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e month to file an objection, if any, against such notice. Thus, he submits that the objection raise by the petitioner against the notice impugned is barred by time and is unsustainable in the eye of law. Moreover, provisions of Section 127 relating to the power to transfer the case is ordinarily the power vested with the Director General or the Chief Commissioner or the Commissioner and so on and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... xure and on the points or matters specified therein before the authority concerned at his office at Aayakar Bhavan, Lucknow on 6th January, 2014. Through the annexure to notice dated 24.12.2013 the petitioner was required to explain/furnish/produce the several details/documents for correct assessment of his income. Under Section 142 (2), the Assessing Officer has been empowered to make such enqui .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... concerned, we are of the view that once the Assessing Officer has arrived at conclusion that the jurisdiction is vested with him, which he has correctly arrived at, we are of the considered opinion that the provisions of Section 127 of the Act are not attracted in the matter, unless competent authority exercises his power under Section 127 of the Act. In the light of the aforesaid observations, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X