9911796707
TMI Blog2019 (9) TMI 1534X X X X Extracts X X X X X X X X Extracts X X X X ..... ansferred this case to ITO, Ward 2(1), Faridabad, vide letter dated 07.09.2017 (PB 10). The AO while completing the assessment in this case has taken the shelter of provisions of section 129 of the Act. However, the said provision is not applicable because it is a matter of assumption of valid jurisdiction in the matter or to validly initiate the reassessment proceedings against the assessee. It is not a case of succession to exercise jurisdiction by one ITO to another ITO. Since, reasons have been recorded for reopening of the assessment by ITO, Noida who was not authorized to do so, therefore, mere recording of reasons for reopening of the assessment by him is of no consequence and has no value under the law. The AO who has jurisdiction o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iated reassessment proceedings u/s 147 of the Act to assess the income of the assessee in this regard which escaped assessment. The assessee filed a letter stating therein that return filed originally may be treated as return filed in response to notice u/s 148 of the Act. The AO noted that on change of incumbent the proceedings have been continued from the stage as per section 129 of the Act. The AO completed the assessment and computed the long term capital gains of ₹ 35,47,079/- and made the addition of this amount accordingly. The reassessment order u/s 143(3)/147 of the Act was passed on 22.12.2017 by ITO, Ward 2(1), Faridabad. The assessee challenged the reassessment proceedings and the above addition before Ld. CIT(A). The Ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Noida 4. He has submitted that these reasons are recorded by ITO, Ward 2(3), Noida and thereafter, he has written a letter dated 07.09.2017 PB 10 to the Assessing Officer (ITO, Ward 2(1), Faridabad) stating therein that the notice u/s 148 of the Act was issued on 30.03.2017. As per acknowledgement of return for assessment year submitted by the assessee on 07.09.2017, assessee comes under the jurisdiction of ITO, Ward 2(1), Faridabad. The ITO, Ward 2(3), Noida therefore, transferred this case to ITO, Ward 2(1), Faridabad. Ld. Counsel for assessee submitted that the ITO, Ward 2(3), Noida who has recorded reasons for reopening of the assessment was not having jurisdiction over the case of assessee and that the ITO, Ward 2(1), Faridabad who h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not in dispute that reasons for reopening of the assessment have been recorded in this case by ITO, Ward 2(3), Noida, who was having no jurisdiction over the case of the assessee. When assessee filed letter before ITO, Ward 2(3), Noida on 07.09.2017 stating therein that return filed originally may be treated as return having filed in response to notice u/s 148 of the Act and is also supported by copy of acknowledgment of return filed originally, the ITO, Ward 2(3), Noida transferred this case to ITO, Ward 2(1), Faridabad, vide letter dated 07.09.2017 (PB 10). The AO while completing the assessment in this case has taken the shelter of provisions of section 129 of the Act. However, the said provision is not applicable because it is a mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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