Facts of the Case
The petitioner, an individual assessee, filed his return for
AY 2009–10 in Delhi. Based on Annual Information Return (AIR) data, the
Income Tax Officer (ITO), Noida received information about cash deposits of
₹12,89,609 in a bank account located in Noida.
The Noida ITO issued notices under Section 133(6) and later
under Section 148 for reassessment. The petitioner failed to respond initially
and later challenged the notice, claiming:
- Lack
of jurisdiction of Noida ITO
- Improper
transfer of case without following Section 127 procedure
The case was subsequently transferred to Delhi jurisdiction.
Issues Involved
- Whether
the notice issued under Section 148 by the Noida ITO was without
jurisdiction?
- Whether
transfer of the case without compliance of Section 127 invalidated
proceedings?
- Whether delayed objection by the assessee bars jurisdictional challenge under Section 124?
Petitioner’s Arguments
- The
petitioner was regularly assessed in Delhi; hence Noida ITO had no
jurisdiction.
- Transfer
of case was invalid due to non-compliance of Section 127(2)(a) (no
order by competent authority).
- Notice
under Section 148 was not properly served before limitation period.
- Proceedings were illegal and void ab initio.
Respondent’s Arguments
- Jurisdiction
arose due to bank account and transaction location in Noida.
- Multiple
notices were issued and served at available addresses.
- The
assessee deliberately avoided responding to notices.
- Objection
to jurisdiction was time-barred under Section 124(3).
- Jurisdiction provisions are procedural; defect does not invalidate proceedings.
Court Findings / Order
The Delhi High Court dismissed the writ petition and held:
- Concurrent
Jurisdiction Valid:
Under Sections 120 & 124, more than one Assessing Officer can have jurisdiction simultaneously. - Jurisdiction
Objection Time-Barred:
Assessee failed to raise timely objection as required under Section 124(3). - Procedural
Defect ≠ Nullity:
Even if there was irregularity in jurisdiction or transfer, it is procedural, not fatal to proceedings. - Deliberate
Non-Compliance:
Court observed that the petitioner intentionally avoided responding to notices to raise technical objections later. - Reassessment
Notice Valid:
Notice under Section 148 was legally sustainable and proceedings were not void.
Important Clarifications by Court
- Jurisdiction
under Income Tax Act is administrative and procedural, not strictly
territorial.
- Concurrent
jurisdiction is permissible and recognized under law.
- Failure
to object within statutory time results in deemed waiver of
jurisdictional challenge.
- Distinction
between:
- Lack
of jurisdiction (fatal)
- Irregular exercise of jurisdiction (curable defect)
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2018:DHC:3678-DB/SKN01062018CW118442016.pdf
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