TMI Blog2023 (3) TMI 1432X X X X Extracts X X X X X X X X Extracts X X X X ..... essment? - HELD THAT:- As on the date of selecting the case for scrutiny, the very basis for having jurisdiction over the assessee is the returned income which was more than Rs.30 lakhs and the same was lying with the DCs/Acs but the notice u/s. 143(2) of the Act has been issued by ITO, Ward-9(4), Kolkata. Tribunal has noted the facts and rendered a finding that on the date when the case was s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted against the order dated 8th September, 2022 passed by the Income Tax Appellate Tribunal, A Bench, Kolkata (the Tribunal) in ITA No.865/Kol/2018 for the assessment year 2012-13. The revenue has raised the following substantial questions of law for consideration: (i) Whether on the facts and circumstances of the case the Tribunal was justified in law to quash the Assessing Order passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd affidavit of service filed, none appears for the respondent. The short issue which falls for consideration in the instant case is whether there is valid notice issued under Section 143(2) of the Act for commencing the scrutiny assessment. The Tribunal has noted the facts and rendered a finding that on the date when the case was selected for scrutiny, the authority who issued the notice namel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITO, Ward-9(4), Kolkata dated 23.09.2013. The Central Board of Direct Taxes (CBDT vide Instruction No.1/2011 supra) revised the monetary limit for issuing notice by ITO/DCs/ACs. Through this instruction it stated that in case of metro cities in case of corporates declare income above Rs.30 lakh the jurisdiction of such corporate assessee will lie with the DCs/ACs. It is not in dispute that as on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice is incurable as it goes to the root of the matter. Thus, we find no ground to differ with the findings recorded by the learned Tribunal. In the result, the appeal filed by the revenue (ITAT/39/2023) is dismissed and the substantial questions of law are answered against the revenue. Consequently, the connected application for stay (IA No.GA/2/1/2023) also stands closed. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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