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TMI Blog2024 (8) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax Act, 1961 [the Act, for short] goes to the root of the matter, therefore, we decided to adjudicate the same first. 3. The representatives of both the sides were heard at length, the case records carefully perused and with the assistance of the ld. Counsel, we have considered the documentary evidences brought on record in the form of Paper Book in light of Rule 18(6) of ITAT Rules and have also perused the judicial decisions relied upon by both the sides. 4. The bone of contention is the validity of reassessment order made by the Assessing Officer u/s 147 of the Act. 5. Briefly stated, the facts of the case are that as per the information available in ITS statement on AST, the assessee made cash deposits worth Rs. 1,82,35,770/- in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer has passed the assessment order in the absence of valid assumption of jurisdiction rendering the reassessment order bad and void ab initio. 9. Per contra the ld DR argued that since the assessee participated in the reassessment proceedings, he cannot challenge the jurisdiction u/s 124 of the IT Act. The ld DR has relied on the decision of the hon'ble Supreme Courtin the case of CIT V Laxman Das Khandelwal in Civi l Appeal no 6261 dated 13.08.2019 for the proposition that where the assessee has participated in the proceedings, service of notice would be considered as valid and proper. 10. In its rejoinder, the ld AR of the assessee stated that the issue is not challenge of jurisdiction u/s 124 but the challenge is to the assu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we are of the considered opinion that assumption of jurisdiction by the ITO Ward-2, Bhiwani was without any statutory compliance of law. 14. The reliance of the DR on the case of Laxman Das Khandelwal is distinguishable. The Hon'ble Supreme Court was dealing with the effect of provision of section 292BB on the improper service of notice. The question in the instant case is assumption of valid jurisdiction in absence of any order u/s 127. 15. In the light of the above discussion, we are of the considered view that the reassessment order passed by the ITO Ward-2, Bhiwani is without assumption of valid jurisdiction and is therefore bad in law and deserves to be quashed. Since we have quashed the re-assessment order, we do not find it neces ..... X X X X Extracts X X X X X X X X Extracts X X X X
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