Without Partition By Metes And Bounds, Co-Sharer Cannot Seek Recovery Of Possession: Supreme Court Clarifies Limits Of Order VII Rule 7 CPC Supreme Court Holds Plaintiff Entitled To Declaration Of Title Over Undivided Half Share Despite Claiming Entire Property Under Gift Deed Supreme Court Reaffirms Legality Of Remainder Of Natural Life Sentences Without Remission, Dismisses Batch Of Writ Petitions 'State Cannot Take Advantage Of Its Own Wrong': Supreme Court Holds Promotees Entitled To Count Ad Hoc Service For Seniority If Within Quota 'Elevators Are Common Carriers, Entail Heightened Duty of Care': Supreme Court Upholds NCDRC Order Holding OTIS Principally Liable For Death Due To Malfunctioning Lift Supreme Court Dismisses Compensation Claim Under Motor Vehicles Act, Holds Reach Stacker Operating in Custom-Bonded ICD Area Is Not a "Motor Vehicle" Missing ACRs Due To Illegal Termination Cannot Block Higher Judicial Pay Scales: Supreme Court Grants Relief To Rajasthan Judicial Officer Subsequent Suit Generally Transferable To Court Where Earlier Suit On Same Subject Matter Is Pending: Allahabad High Court Successive Anticipatory Bail Maintainable Under BNSS If Fact Situation Changes Or Previous Findings Become Obsolete: Andhra Pradesh High Court Tenant's "Deemed Purchaser" Right Defeated By Retrospective Notification Under Section 88(1)(b) Of Tenancy Act: Bombay High Court Buyer Not Entitled To Refund Of Earnest Money Once Sale Deed Is Duly Executed Under The Agreement: Calcutta High Court Contradictory Pleas Vitiate Defence; Drawer Liable Even If Signed Blank Cheque Was Handed Over: Delhi High Court Working Mother's Relocation To Another City Not A Ground To Completely Deny Overnight Custody To Father: Karnataka High Court Civil Courts Barred From Granting Injunctions Against SARFAESI Actions Even If Partition Suit Is Maintainable: Kerala High Court S.147 NI Act Is A Special Law, Overrides S.320 CrPC; Offence Can Be Compounded At Any Stage Even After Dismissal Of Appeal: Madras High Court Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court

Actions of the AO without proper transfer under Section 127 are void ab initio due to jurisdictional error - Delhi High Court Quashes Tax Assessment Orders

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court today quashed multiple assessment orders issued by the Income Tax Officer, Ward – 21(1), Delhi, against Raj Sheela Growth Fund Pvt Ltd., stating that these were void ab initio due to a fundamental jurisdictional error.

The court addressed the pivotal legal issue of whether a non-jurisdictional Assessing Officer (AO) can proceed with tax assessments in the absence of a valid transfer order under Section 127 of the Income Tax Act, 1961. The court held that actions taken without such an order are inherently flawed and cannot be sustained legally.

Raj Sheela Growth Fund Pvt Ltd. was initially under the jurisdiction of Central Circle-16/20, New Delhi since the Assessment Year (AY) 2008-09. Despite filing its returns accordingly, it received notices from ITO Ward 21(1) for AY 2015-16, leading to subsequent assessments and additions to its income, which it challenged on grounds of jurisdiction.

Jurisdictional Validity: The court emphatically noted that without a valid order under Section 127 transferring the jurisdiction from Central Circle-20 to ITO Ward 21(1), all assessments made were without legal backing.

Administrative Procedures: The court criticized the administrative oversight, underscoring the necessity for adherence to statutory requirements when transferring cases between different AOs to prevent jurisdictional errors.

Legal Precedents: Referencing landmark judgments, the court reinforced that the jurisdiction of an AO is not just a procedural detail but a fundamental aspect that affects the validity of tax assessments.

The court quashed the assessment orders dated December 31, 2017, and September 30, 2021, along with setting aside the ITAT order dated August 9, 2019, which had remanded the matter back to the AO. It declared that all actions taken by ITO Ward 21(1) were void due to the absence of a transfer order under Section 127.

Date of Decision: May 8, 2024

Raj Sheela Growth Fund Pvt Ltd. vs. Income Tax Officer, Ward – 21(1), Delhi

Latest Legal News