TMI Blog2022 (7) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 addi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 98/- which were not shown by the petitioner. Based on this information, the ITO Ward-2 issued a notice under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act, 1961 ) to the petitioner and supplied the reasons recorded for issuance of the notice. The petitioner submitted objection to it which was rejected by order dated 13.09.2021 passed by the ITO-2(1), Moradabad. Being aggrieved, the petitioner has filed the present writ petition. Challenging the notice under Section 148 as well as the order dated 02.07.2021 rejecting the objection. Submission:- 4. The only submission of learned counsel for the petitioner is that the impugned notice under Section 148 of the Act, 1961 issued by the respondent No.1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clause (b) of sub- section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Act; (ii) Section 120 of the Act, 1961 provides for jurisdiction of income tax authorities as under:- Jurisdiction of income-tax authorities:- 120 . (1) Income-tax authorities shall exercise all or any of the powers and perform all or any of the functions conferred on, or, as the case may be, assign to such authorities by or under this Act in accordance with such directions as the Board may issue for the exercise of the powers and performance of the functions by all or any of those authorities. Explanation:- For the removal of doubts, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner or Principal Commissioner or Commissioner to issue orders in writing that the powers and functions conferred on, or as the case may be, assigned to, the Assessing Officer by or under this Act in respect of any specified area or persons or classes of persons or incomes or classes of income or cases or classes of cases, shall be exercised or performed by an Additional Commissioner or an Additional Director or a Joint Commissioner or a Joint Director, and, where any order is made under this clause, references in any other provision of this Act, or in any Rule made thereunder to the Assessing Officer shall be deemed to be references to such Additional Commissioner or Additional Director or Joint Commissioner or Joint Director by w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons, the income- tax authority exercising and performing the powers and functions in relation to the said person or class of persons shall be such authority as may be specified in the notification. (iii) Section 124 of the Act, 1961 provides for jurisdiction of Assessing Officers, as under:- Jurisdiction of Assessing Officers 124. (1) Where by virtue of any direction or order issued under sub- section (1) or sub-section (2) of section 120, the Assessing Officer has been vested with jurisdiction over any area, within the limits of such area, he shall have jurisdiction (a) in respect of any person carrying on a business or profession, if the place at which he carries on his business or profession is situ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date on which he was served with a notice under sub-section (1) of section 142 or sub-section (2) of section 115WE or sub-section (2) of section 143 or after the completion of the assessment, whichever is earlier; (b) where he has made no such return, after the expiry of the time allowed by the notice under sub-section (2) of section 115WD or sub- section (1) of section 142 or under sub-section (1) of section 115WH or under section 148 for the making of the return or by the notice under the first proviso to section 115WF or under the first proviso to section 144 to show cause why the assessment should not be completed to the best of the judgment of the Assessing Officer, whichever is earlier. (c) Where an action has been ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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