Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (7) TMI 440 - HC - Income TaxReopening of assessment u/s 147 - Only submission of learned counsel for the petitioner is that the impugned notice under Section 148 issued by the respondent No.1 [ITO-2(1)] is without jurisdiction inasmuch as the ITO Ward 2(1) is not the jurisdictional assessing officer for the Assessment Year 2017-18 - HELD THAT:- Subject to the provisions of sub-section (3), where an assessee calls in question the jurisdiction of an Assessing Officer, then the AO shall, if not satisfied with the correctness of the claim, refer the matter for determination under sub-section (2) before the assessment is made. Notwithstanding anything contained in this section or in any direction or order issued under section 120, every Assessing Officer shall have all the powers conferred by or under this Act on an Assessing Officer in respect of the income accruing or arising or received within the area, if any, over which he has been vested with jurisdiction by virtue of the directions or orders issued under sub-section (1) or sub-section (2) of section 120. While the judgment is being dictated, learned counsel for the petitioner has prayed for time to place before this court some judgments in support of his submissions and with regard to interpretation of the aforenoted provisions. As prayed by learned counsel for the petitioner, put up in the additional cause list for further hearing on 14.07.2022 at 02:00 P.M.
|