TMI BlogJurisdictional Challenges in Tax Assessments: Insights from a Recent ITAT DecisionX X X X Extracts X X X X X X X X Extracts X X X X ..... of a notice under Section 143(2) of the Income Tax Act, 1961 , and its implications on the subsequent assessment proceedings. The case under discussion involves an appeal filed against the order of the Commissioner of Income Tax (Appeals) by an assessee aggrieved by an addition to their total income under Section 69A of the Act. Background and Legal Context Issue of Jurisdiction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jurisdictional Challenge : The crux of the appeal was the alleged lack of jurisdiction of the ITO who issued the notice under Section 143(2) , as the income declared by the assessee was above the threshold, purportedly placing it under the jurisdiction of a higher authority. Addition under Section 69A : The appellant contested the addition made to their income under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... explained money, and its interplay with Section 115BBE , which deals with tax rates on certain incomes, is complex. The retrospective applicability of these sections and their relevance to the facts of the case is a nuanced legal question. Judicial Precedents and Interpretation The High Court's judgments in similar cases, particularly regarding jurisdictional issues, serve as a gui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rocedural norms in tax assessment proceedings. It reaffirms the legal principle that an invalid initiation of proceedings (due to jurisdictional flaws) can lead to the nullification of the entire assessment, irrespective of the substantive merits of the case. Full Text : 2023 (6) TMI 1341 - ITAT KOLKATA - FAQ - Frequently Asked Questions, TMI Short Notes , Experts comment, opini ..... X X X X Extracts X X X X X X X X Extracts X X X X
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