Tax Authority Jurisdiction Upheld: Court Dismisses Petition Against Income Tax Notices.


01 October 2024 Income Tax >> Tax Laws  

In a recent ruling, the court dismissed a petition challenging the validity of income tax notices issued to a taxpayer, reaffirming the jurisdiction of tax authorities under the Income Tax Act, 1961. The petitioner contested a notice dated June 23, 2024, issued under Section 143(2) of the Act, along with subsequent notices issued under Section 142(1) for the assessment year 2023-24.

The core of the petitioner’s argument hinged on the assertion that the notice was issued by an officer lacking the status of a "prescribed income-tax authority." The petitioner claimed that even if the officer was considered "prescribed," he could only serve the notice and not issue it. Furthermore, the petitioner argued that the notices under Section 142(1) were beyond the limitation period since the initial notice was invalid.

 
 

Examining the provisions of Section 143(2), the court clarified that either an "Assessing Officer" or a "prescribed income-tax authority" could issue such notices. The court found no merit in the petitioner’s interpretation that limited this authority exclusively to the Assessing Officer. Citing the rules established under the Income-Tax Rules, 1962, the court noted that the Central Board of Direct Taxes (CBDT) has the power to authorize officers to act as prescribed authorities.


The court highlighted a notification from May 28, 2022, which authorized the Assistant Commissioner of Income Tax as a "prescribed income-tax authority" for the purpose of issuing notices under Section 143(2). Since the notice in question was issued by this authorized officer, the court concluded that it was valid and well within jurisdiction.

The court also addressed other contentions regarding the jurisdiction of the Assessing Officer and the recent transition of assessment processes to the National Faceless Assessment Centre (NaFAC). However, as these points were not formally raised in the petition, the court did not delve into them. Ultimately, the court ruled that the petitioner’s claims lacked substance, leading to the dismissal of the petition along with any pending applications. This decision reinforces the procedural authority of income tax officials and the adherence to established guidelines for issuing notices under the Income Tax Act.

  

Income Tax Act, 1961