Madras HC rules JAO has exclusive powers to issue notice under Section 148 of Income Tax Act
4 days, 7 hours ago

Madras HC rules JAO has exclusive powers to issue notice under Section 148 of Income Tax Act

New Indian Express  

He also stated that the notices served to the petitioner company fulfilled the three requirements of AAS, risk management strategy formulated by the board and the faceless manner, which provides for online proceedings. The judge said, “As far as the issuance of notice under Section 148 of IT Act is concerned, only the JAO will have exclusive jurisdiction.” He ruled, “As far as assessment, re-assessment or re-computation in terms of the provisions of Section 147 is concerned, the FAO as well as the JAO will have concurrent jurisdiction.” The Directorate of IT shall have the power to make allotment of cases, through the AAS, to allot the cases for issuance of notice under Section 148 A and 148 in eligible cases based on the risk management strategy in terms of the provisions of the E-Assessment of Income Escaping Assessment Scheme, to the JAO based on the PAN card jurisdiction, Justice Ramasamy said in the order. Referring to the case on hand, the judge reasoned that the issuance of the impugned notice was “duly in accordance with the Scheme”, except the procedural lapse of mentioning the name of the JAO, as the Directorate of Income Tax allotted the cases through the AAS based on the risk management strategy for issuing the notice in faceless manner. The procedural errors will “not vitiate” the initiation of the proceedings for issuance of the notice under Section 148 of IT Act since such errors are “curable in nature,” he said.

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History of this topic

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court
1 month ago

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court

Live Law  

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5 months ago

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Live Law  

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5 months, 1 week ago

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Live Law  

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Live Law  

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Live Law  

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Live Law  

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In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court
2 years, 1 month ago

In The Absence Of A Full And True Disclosure, Reassessment Is Not Barred By Limitation: Madras High Court

Live Law  

The Madras High Court has held that the criminal investigation wing is separate and distinct from the assessment wing and that disclosure made before one wing will not exonerate the assessee from the requirement of making a "full and true disclosure" before the assessing officer in an assessment.The single bench of Justice Anitha Sumanth has observed that in the absence …

Tax Cases Monthly Round-Up: June 2022
2 years, 5 months ago

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Live Law  

Direct Tax: Delhi High Court: Underreporting Of Income Due To Re-Computation Of Disallowance By The AO, Does Not Amount To Misreporting Of Income: Delhi High Court Case Title: Prem Brothers Infrastructure LLP. Notice Issued Under Section 148 Of The Income Tax Act Against ADeceased Assessee Is Invalid : Reiterates Delhi High Court Case Title: Davinder Singh Thapar versus Assistant Commissioner …

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