9911796707
TMI Blog2008 (2) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... els - D.D. Chopra Respondent's Counsel - Rohit N. Shukla JUDGMENT The present appeal filed under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') arises out of the order dated 25.5.2004 passed by the Income Tax Appellate Tribunal, Lucknow in respect of the assessment year 1993-94. The appeal has been admitted vide order dated 17.11.2004. Only one substantial question of law has been framed in the memo of appeal, which is as follows: " Whether under the facts and in the circumstances of the case, the learned Tribunal was justified in annulling the assessment on the ground that the assessing officer completing the assessment did not had the jurisdiction over the case without appreciating that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... II, Lucknow, who did not agree vide order dated 16.1.1997. The matter was taken up further before the Tribunal and the Tribunal vide order dated 25.5.2004 had held that without order of the transfer Income Tax Officer, Ward-I (3) cannot assume jurisdiction over the assessee and, therefore, the assessment framed by him is nullity and without jurisdiction. We have heard Sri D.D. Chopra, learned Senior Standing Counsel appearing for the Revenue and Sri Rohit Nandan Shukla, learned counsel appearing for the respondent-assessee. Sri D.D. Chopra has submitted that in view of the specific provisions of sub-section (3) of Section 124 of the Act, the objection regarding jurisdiction should have been raised within 30 days from the date of service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.1995. The provisions of sub-section (3) of Section 124 of the Act are specific and clear that an assessee or any other person should have raised objection regarding jurisdiction within 30 days from the date of the notice i.e. the service. In the present case, objection, if any, was raised only on 21.3.1996, which is much beyond the period of 30 days as provided in sub-section (3) of Section 124 of the Act. It is well settled that there is no place for equity in tax laws. Whether the assessee is under a factual impression or has no knowledge of the order of transfer in a particular case and if he is to raise any objection regarding jurisdiction, he should do so within 30 days and not beyond that and the same having not been done in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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