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The ITAT invalidated the assessment order due to procedural ...


Jurisdictional Defect Nullifies Tax Assessment: Procedural Flaws Invalidate Capital Gains Deduction Under Section 127

May 20, 2025

Case Laws     Income Tax     AT

The ITAT invalidated the assessment order due to procedural irregularities in jurisdictional transfer. The tribunal found that the assessment proceedings under Section 143(3) were initiated by one assessing officer but completed by another without a mandatory transfer order under Section 127. The tribunal disallowed capital gains deductions claimed by the appellant, observing that the transaction documents were self-manufactured, lacking genuine corroborative evidence. The ledger entries and unregistered agreements were deemed insufficient to substantiate the claimed expenses. Consequently, the assessment order was quashed for want of valid jurisdictional assumption, effectively nullifying the tax assessment.

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