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Income Tax - Highlights / Catch Notes

Home Highlights November 2021 Year 2021 This

Jurisdiction of the AO to frame the assessment order - ...


DCIT's Jurisdiction Invalid: Failed to Issue Section 143(2) Notice Timely for 2015-16 Assessment Year, Procedural Flaw Found.

November 1, 2021

Case Laws     Income Tax     AT

Jurisdiction of the AO to frame the assessment order - Admittedly, when the ITO realized that he did not had the pecuniary jurisdiction to issue notice, he duly transferred the file to the DCIT, Circle-4, Guwahati, when the DCIT issued notice u/s 142(1) of the Act and did not issue notice u/s 143(2) of the Act within the time limit prescribed for issuance of notice u/s. 143(2) of the Act for the assessment year 2015-16. We note that the DCIT by assuming the jurisdiction after the time prescribed for issuance of notice u/s. 143(2) of the Act notice became coarum non judice after the limitation prescribed by the statute was crossed by him. - AT

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