TMI Blog2024 (4) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... rmulated a scheme for centralised processing of returns with a view to expeditiously determining the tax payable by, or a refund due to, assessee as required under Sub Section (1) of the Act. CBDT had also notified a scheme on 4th January 2012 in exercise of the powers conferred by Sub Section 1(A) of Section 143 of the Act. We agree with Petitioner that the CPC only acts as a facilitator to the Jurisdictional Assessing Officer (JAO) who holds jurisdiction over assessee u/s 120 of the Act. Merely because the return is processed by CPC, the regular jurisdiction of the JAO is not curtailed and he continues to hold the same jurisdiction . This is evident from the fact that a demand resulting from the processing of a return under Section 143(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 264 of the Act in accordance with law. - K.R. SHRIRAM DR. NEELA GOKHALE, JJ. For the Petitioner : Mr. Vasudev Ginde i/b Mr. Kumar Kale. For the Respondents-Revenue : Mr. Akhileshwar Sharm. Mr. Devinder Kumar Gupta, PCIT 5, Mumbai present. P.C. : 1. Petitioner is impugning an order dated 25th March 2022 passed by the Principal Commissioner of Income Tax -5 (PCIT 5), i.e., Respondent No. 1 under Section 264 of the Income Tax Act, 1961 (the Act). 2. Petitioner had filed its return of income for Assessment Year 2016-17 on 17th October 2016 declaring total income at Rs. 2,33,44,585/-. Thereafter assessee filed its revised return of income on 31st August 2017 declaring total income at Rs. 2,33,44,585/-. Subsequently, the return of income was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho would be able to hear the matter. Atleast make a reference in the order than simply reject the same. 5. Mr. Ginde submitted, and rightly so, that under Section 143(1) (A) of the Act, the Board has formulated a scheme for centralised processing of returns with a view to expeditiously determining the tax payable by, or a refund due to, assessee as required under Sub Section (1) of the Act. The Central Board of Direct Taxes (CBDT) had also notified a scheme on 4th January 2012 in exercise of the powers conferred by Sub Section 1(A) of Section 143 of the Act. 6. We agree with Mr. Ginde that the CPC only acts as a facilitator to the Jurisdictional Assessing Officer (JAO) who holds jurisdiction over assessee under Section 120 of the Act. Merel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen a counter affidavit is directed to file when the concerned PCIT thinks it is necessary to seek the opinion of CBDT when the petition itself has been served on or about 7th July 2022. It reflects the sorry state of affairs and how much the officers are serious about attending to the issues pertaining to assessees. We also hope CBDT would sensitize its officers and educate them as to how they should deal with assessees. Moreover, the CBDT has issued directions on 18th September 2020 (F No. 187/3/2020-ITA-1) in which it is noted that the power under Section 263 and 264 of the Act will be exercised by the Jurisdictional Principal Commissioners of Income Tax concerned. Therefore, certainly if the powers can be exercised by the Jurisdictional ..... X X X X Extracts X X X X X X X X Extracts X X X X
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