The appeal is admitted on substantial questions of law regarding ...

Appeal Challenges Tribunal's Nullification of Tax Assessment Beyond 30 Days Without Timely Objection to Jurisdiction.

August 2, 2024

Case Laws     Income Tax     HC

The appeal is admitted on substantial questions of law regarding the jurisdiction of the Assessing Officer to complete the assessment after the expiry of 30 days from the date of notice u/s 142(1) of the Act. The questions pertain to whether the Tribunal was justified in quashing the assessment order despite the assessee's participation in the proceedings without raising the jurisdictional issue within the time limit u/s 124(3)(a), and whether the Tribunal's order is perverse for ignoring the ratio laid down in DCIT (Exemption) Vs. Kalinga Institute of Industrial Technology, wherein Section 124(3) precludes the assessee from questioning the AO's jurisdiction if not invoked within the specified time frame. The appellant is directed to file requisite documents, and service of notice on the respondent's advocates is waived.

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