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TMI Blog2015 (2) TMI 410X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the ITAT which proceeded to set aside the assessment and completed the reassessment proceedings. The impugned order is consequently set aside; the question of law urged by the Revenue is answered in its favour. The matter is remitted for consideration on the merits of the appeal concerning the additions made in the reassessment proceedings. - ITA 236/2014 - - - Dated:- 4-2-2015 - MR. S. RAVINDRA BHAT AND MR. R.K.GAUBA, JJ. For the Appellant : Mr.Suruchi Aggarwal and Mr.Aamir Aziz, Advs. JUDGEMENT MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) 1. The Income Tax Appellate Tribunal‟s (ITAT) order dated 22.11.2013 allowing the assessee‟s appeal - ITA 206/Del./2013 - has been questioned by the Revenue in the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e and Ward 8(3) completed the proceedings. 4. The Revenue urges that the findings of the ITAT are unsupportable in law and relies upon Section 124(3) to this effect. It also relies upon the judgment of Allahabad High Court in Commissioner of Income-Tax vs. British India Corporation Ltd. (2011) 337 ITR 64. Section 124 of the Act is extracted below: 124. Jurisdiction of Assessing Officers (1) Where by virtue of any direction or order issued under sub- section (1) or sub- section (2) of section 120, the Assessing Officer has been vested with jurisdiction over any area, within the limits of such area, he shall have jurisdiction- (a) in respect of any person carrying on a business or profession, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any direction or order issued under section 120, every Assessing Officer shall have all the powers conferred by or under this Act on an Assessing Officer in respect of the income accruing or arising or received within the area, if any, over which he has been vested with jurisdiction by virtue of the directions or orders issued under sub- section (1) or sub- section (2) of section 120.] 5. Learned counsel for the assessee contended that the ITAT possessed jurisdiction to return a finding on whether the AO‟s order was a nullity, and can give the verdict that such adjudication cannot go into the merits of such of the proceedings. Facially, Section 124(3) stipulates a bar to any contention about lack of jurisdiction of an AO. It is not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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