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2019 (8) TMI 1446 - AT - Income TaxPower to Addl. CIT to perform as AO - Jurisdiction - Validity of framing of assessment by the Learned Additional Commissioner of Income Tax - Penalty u/s. 271(1)(c) - whether the Addl. CIT, Range -1(3), Mumbai had the competence and jurisdiction to pass the assessment order in the case of the assessee? - HELD THAT:- As decided in own case we allow the additional grounds raised by the assessee challenging the validity of assessment framed by the ld Addl. CIT and accordingly quash the assessment so framed. Since we have quashed the assessment order on legal / jurisdictional issue, the grounds rasied on merits have become infructuous and hence not adjudicated. Since the quantum assessment framed for the Asst Year 2003-04 is quashed as per findings given supra, the penalty u/s 271(1)( c) of the Act will have no legs to stand. Hence the appeal of the assessee allowed.
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