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2020 (5) TMI 618 - AT - Income TaxValidity of notice u/s 143(2) - scrutiny assessment - issuance of notice u/s. 143(2) by correct AO - monetary limits for assigning the cases for the purpose of scrutiny u/s 143(3) - Assessing Officer Jurisdiction - Whether notice of scrutiny u/s 143(2) was issued by the ITO, Ward-5(2), Kolkata who does not have jurisdiction to issue scrutiny notice to the assessee company ? - HELD THAT:- Notice u/s 143(2) of the Act is a sine qua non for an assessment to be framed u/s 143(3) of the Act, which must be issued by the jurisdictional Assessing Officer. The CBDT has issued instruction no. 01/2011 wherein the CBDT has declared the monetary limits for assigning the cases for the purpose of scrutiny u/s 143(3) of the Act by the Income Tax Officer, Deputy Commissioner and Assistant Commissioner. As per CBDT instruction no. 01/2011 the scrutiny notice u/s 143(2) must be issued by the Deputy Commissioner or Assistant Commissioner, but in the assessee’s case the scrutiny notice u/s 143(2) was issued by Income Tax Officer, Ward-5(2), Kolkata therefore the assessment framed by Deputy Commissioner of Income Tax, Circle10(2), Kolkata is invalid and void, and hence we quash the assessment order u/s 143(3) dated 28.03.2015. Since we have quashed the assessment order and cross objections raised by the assessee are allowed on the legal issue therefore we do not adjudicate the Revenue’s appeal on merits. - Decided in favour of assessee.
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