(S. Ravindra Bhat and Dipankar Datta, JJ.)
Petition(s) for Special Leave to Appeal (C) No(s). 29304/2019, decided on May 1, 2023
Deputy Commissioner of Income Tax (Exemption) and Another _______________________________________________ Petitioner(s);
v.
Kalinga Institute of Industrial Technology (Hereinafter Called KIIT) _______________________________________________ Respondent.
Petition(s) for Special Leave to Appeal (C) No(s). 29304/2019 and WP(C) No. 898/2017
The Order of the court was delivered by
Order
1. The impugned order set asides the assessment for AY 2014-2015 on the ground that the jurisdictional officer had not adjudicated upon the returns. The jurisdiction had been changed after the returns were filed. However, the records also reveals that the assessee had participated pursuant to the notice issued under Section 142 (1) and had not questioned the jurisdiction of the assessing officer. Section 124(3)(a) of the Income Tax Act precludes the assessee from questioning the jurisdiction of the assessing officer, if he does not do so within 30 days of receipt of notice under Section 142 (1).
2. In the present case, the facts did not warrant the order made by the High Court. At the same time, this Court notices that the High Court had granted liberty to the concerned authority to issue appropriate notice.
3. It is clarified, therefore, that the assessing officer is free to complete the assessment (in case the assessment order has not been issued) within the next 60 days. In such event, the question of limitation shall not be raised by the assessee.
4. The special leave petition is allowed in the above terms.
5. Pending application, if any, are disposed of.
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