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2012 (7) TMI 130 - AT - Income TaxQuashing the re-assessment proceedings u/s. 148 by CIT(A) - lack of jurisdiction with the Assessing Officer - canceling the penalties u/s. 271(1)(c) - Held that:- CIT-II while passing the jurisdictional order u/s. 120 assigned concurrent jurisdiction in favour of ACIT, who has issued notice u/s. 148 in the case of assessee in respect of the cases falling in the jurisdiction of AO, Circle 4(1), Agra to which circle, the case of the assessee also falls. He was assigned this power and jurisdiction in addition to the work already allotted to him. The assessee has not brought anything on record to show that the concurrent jurisdiction vested in ACIT was withdrawn by CIT concerned on the date of issue of notice u/s. 148. Therefore, ACIT having been authorized to deal with the subject matter was vested with the jurisdiction to deal with the matter in issue. Since he found that income escaped assessment for the assessment year under appeals while scrutinizing the return of assessee for subsequent assessment year 2001-02, therefore, he has rightly exercised jurisdiction u/s. 148 for reopening of assessment u/s. 148 - before issuing notice u/s. 148, ACIT had obtained approval of Addl. CIT, Range IV, Agra, otherwise if he had no jurisdiction over the case of the assessee on the date of approval, the ld. Addl. CIT, Range, would not have granted him approval - as the issue of jurisdiction in favour of the Revenue, therefore, the orders on penalties are also set aside and the penalty appeals are restored to the file of ld. CIT(A)to decided afresh - in favour of revenue.
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