Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (11) TMI 1383 - HC - Income TaxRevision u/s 263 - validity of order passed by AO - Lack of jurisdiction - Whether the order passed by AO/ITO Ward-5 (III), Kolkata in pursuance of the direction issued u/s 263 is devoid of jurisdiction? - HELD THAT:- When it is an admitted fact that the Assessing Officer, namely, the Income Tax Officer, Ward 5(III) was divested of the jurisdiction on or after 28th August, 2012, the order passed under Section 263 of the Act could not have been given effect to. Tribunal has assigned the following reason which, in our opinion, is both factually and legally correct which says once the order u/s 127(2) was passed by the Ld. CIT-II, Kolkata unconditionally transferring the jurisdiction over the appellant’s case to the charge of DCIT/ACIT, Central Circle-XVII, Kolkata; then by virtue of such an order, the jurisdiction enjoyed by ITO, Ward-5(3), Kolkata in terms of Section 124 read with Section 120(1) & (2) stood abrogated.No substantial question of law arising for consideration in this appeal.
|