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Income Tax - Highlights / Catch Notes

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Notice u/s 143(2) issued by a non-jurisdictional Assessing ...


Income Tax Assessment Notice Issued by Non-Jurisdictional Officer Quashed, Defective Notice Renders Assessment Invalid.

November 21, 2024

Case Laws     Income Tax     AT

Notice u/s 143(2) issued by a non-jurisdictional Assessing Officer/Deputy Commissioner is invalid and cannot be cured. The assessment order framed u/s 143(3) based on such an invalid notice is quashed. As per CBDT Instruction No.1/2011, for cases with total income above the specified limit, the notice u/s 143(2) must be issued by the Assistant Commissioner/Deputy Commissioner themselves and cannot be transferred to the Income Tax Officer. Any inherent defect in the jurisdictional notice u/s 143(2) is not curable, rendering the subsequent assessment order invalid.

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