9911796707
TMI Blog2014 (4) TMI 1303X X X X Extracts X X X X X X X X Extracts X X X X ..... AO, then the AO shall, if not satisfied with the correctness of the claim, refer the matter for determination under sub-section (2) before the assessment is made to CCIT or DG CIT. Need to refer to Director General, Chief Commissioner or Commissioner concerned - Section 124(2), it is apparent that incase the assessee objects about the jurisdiction and the AO is not satisfied, AO is bound to refer the question of the jurisdiction to the Director General or the Chief commissioner or the Commissioner, incase it relates to the same Director General or Chief Commissioner or the Commissioner, but where the question of jurisdiction relating to the areas within the jurisdiction of the different Directors General or Chief Commissioners or Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the jurisdiction of the Assessing Officer under Section 124 as the assessee has filed objections within 30 days from the date of the issue of notice u/s.143(2). The assessee has also challenged passing of the order u/s.144 without giving proper and sufficient opportunity to the assessee. The assessee has also challenged the addition made on merit and sustenance of the addition by the CIT(A) by reducing the estimation of profit from 12% to 10%. 2. On the other hand, Revenue has also challenged the order of CIT(A) restricting the estimation of the net profit at the rate of 10% against 12% made by the AO. 3. Facts in brief are that the assessee filed his return of income for the impugned assessment year on 15-4-2010 at an income of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Income Tax officer, Ward-1, Jharsuguda though you have continuously filed the income tax returns under the jurisdiction of ACIT, Circle-1(1), Bhubaneswar. Hence, the notice u/s. 143(2) of the I.T. Act is correctly issued having jurisdiction over the case. Further, it may be mentioned here that it is beyond the capacity of the undersigned to transfer the file from this Circle to ITO, Ward-1, Jharsuguda as it involves two different CIT charges i.e. CIT, Bhubaneswar and CIT, Sambalpur. 4. The notice u/s. 142(1) dated 11-11-2011 was also sent to the assessee which was not complied with. Ultimately, the Assessing Officer made the best assessment u/s. 144, as the assessee even did not produce the books of accounts, bills and vouche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer has jurisdiction to assess any person, the question shall be determined by the Director General or the Chief commissioner or the Commissioner; where the question is one relating to areas within the jurisdiction of different Director General or Chief Commissioners or Commissioners, by the directors General or Chief Commissioners or Commissioners concerned or, if they are not in agreement, by the Board or by such director General or Chief Commissioner or Commissioner as the Board may, by notification in the Officer Gazette, specify. From this sub-section (2) of Section 124, it is apparent that incase the assessee objects about the jurisdiction and the Assessing Officer is not satisfied, the Assessing Officer is bound to refer the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee in accordance with the provisions of law by the Assessing Officer, who is having appropriate jurisdiction on the assessee in accordance with the law. 6. Since, we have already set aside the assessment on the issue of jurisdiction; therefore, the other grounds taken by the assessee do not require any adjudication. 7. The appeal filed by the Revenue is also become infructuous as we have already set aside the assessment in appeal of the assessee. 8. In the result, appeal filed by the assessee is allowed statistically, whereas the appeal of the Revenue stands dismissed. परिणामतः निर्धारिती की अê ..... X X X X Extracts X X X X X X X X Extracts X X X X
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