9911796707
TMI Blog1987 (12) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order under the WT Act, there is no need to decide the matter on merits. The IAC did not agree with the contention of the assessee. On appeal, the CWT(A) also rejected the contention of the assessee. Therefore, the assessee has raised this preliminary objection before the Tribunal. The CWT(A) was of the view that under section 8 of the WT Act, the officer having jurisdiction under the Income-tax Act has simultaneous jurisdiction under the Wealth-tax Act. The case of CWT v. B. Nathmal Vaid [1985] 20 Taxman 222 (Mad.) was distinguished by the learned CWT(A). 3. The Assessee's learned counsel submitted that the learned CIT has erred in not applying the principles laid down by the Hon'ble High Court of Madras in the case of B. Nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ficer shall exercise this power. If the jurisdiction after transfer is not with the IAC then whom it is vested. The learned departmental representative further submitted that under section 124 of the Income-tax Act the assessee can raise point of jurisdiction only when he denies the liability to pay tax. In the instant case, the assessee has not denied its liability to pay tax. Therefore, he cannot raise the point of jurisdiction. It is further submitted that the plea of jurisdiction was not raised before the IAC. Therefore, this issue cannot be raised in appeal, because there is no specific appeal provided under section 23(1)(c) of the WT Act, The assessee had raised objection about the competency of the IAC to decide the matter mentioning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the order of the CIT(A), it is clear that the assessee has raised the issue specifically before the CIT and he has dealt with it in his order. Therefore, it is not correct to say that the plea of jurisdiction was not raised before the IAC. Therefore, it cannot be taken up before the Tribunal. It is not essential that the plea should be raised in a particular manner but if the intend of the plea to challenge the jurisdiction of a particular authority, then the plea raised is sufficient. 5. As regards the contention of the learned D. R. regarding interpretation of section 8AA and 127(1) is concerned, we are unable to agree with the interpretation placed by the learned D. R. In our view, the notification issued under section 127 is only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve the purpose, as contended by the learned counsel for the revenue, then there is no necessity for making a provisions like section 8AA authorising the CIT to issue a notification enabling the IAC to function concurrently along with the WTO. It seems that the intention of the Legislature was to give concurrent power by a separate notification issued under section 8AA if the WT Act. If the CIT has transferred income-tax case from the file of the ITO, V-IV Wd. to IAC by a certain notification, it does not mean that the notification covers the case under the WT Act also. In our opinion, a separate notification under section 8AA was required by the CUT to assume jurisdiction by IAC under the wealth-tax Act. As regards the contention of the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assume jurisdiction as WTO under the WT act and pointed out that, if that were the position, there would have been no necessity for making a provision like section 8AA in the WT Act. The High Court held that concurrent power under the WT Act had to be conferred on the IAC (Asst.) by a separate notification under section 8AA of the WT Act. The High Court found no reason to disagree with the Tribunal and saw no justification for directing a reference as sought by the revenue." 6. In the present case, the notification was issued by the Commissioner under section 127 of the IT Act giving specific jurisdiction to the IAC in regard to particular assessee under the Income-tax Act. There was.concurrent jurisdiction in the case under consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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