9911796707
TMI Blog2024 (8) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... nafter referred as 'the Act'), by the National Faceless Assessment Centre, Delhi (hereinafter referred to as the AO). 2. On hearing both the sides, it comes up that amongst other grounds, the assessee has raised ground No. 1 with sub-grounds on the basis that the initiation of proceedings by issuance of notice u/s 148 of the Act, dated 30.03.2021 is illegal inasmuch as the notice has been issued by Income-tax Officer, Ward 1(2)(5), Meerut who did not have the requisite jurisdiction on pecuniary basis and in support reference is invited to CBDT Instruction No. 01/2011 dated 31.08.2011. The ld. counsel for the assessee has submitted that the powers to be exercised were quasi judicial powers and since without having jurisdiction the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,51,90,000/-. Accordingly, the provisions of section 147 of I.T. Act were invoked after obtaining the approval u/s 151 of the I.T. Act. 1961 and notice u/s 148 dated 30.03.2021 was issued by ITO Ward 1(2)(5), Meerut. On the basis of above, the FAO, completed assessment u/s 147 read with section 144B of the I.T. Act, 1961 on 30.03.2022 at total income of Rs. 3,77,41,558/- after making addition of Rs. 3,58,56,008/- as unaccounted money. Subsequently, the PAN of the assessee has been transferred to ACIT Circle-1(1)(1), Meerut on 15.05.2024 from ITO, Ward-1(2)(5), Meerut, as per CBDT Instruction No. 1/2011, dated 31.01.2011, vide which jurisdiction of non-corporate returns above Rs. 15 Lacs lies with ACIT/DCIT and upto Rs.&n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut, from ITO, Ward 1(2)(5), Meerut, as per CBDT Instruction No. 05/2011 dated 31.01.2011 vide which jurisdiction of noncorporate returns above Rs. 15 lakhs lies with ACIT/DCIT and upto Rs. 15 lakhs lies with ITO. 5.1 Now, admittedly, the notice u/s 148 dated 30.03.2021, copy of which is placed at page 7 of the paper book, is issued by ITO, Ward-1(2)(5), Meerut. Thus, certainly, this Revenue Officer did not have the pecuniary jurisdiction as vested by the Board vide CBDT Instructions No. 01/2011 dated 31.03.2011. 5.2 In this context, the coordinate Bench order in the case of J. Mitra & Brothers vs. ACIT, ITA No. 3643/Del/2023 decided on 10.04.2024 has been relied by the ld. AR wherein the coordinate Bench, relying ..... X X X X Extracts X X X X X X X X Extracts X X X X
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