Law:

Section:

Section 124 of the Income-tax Act, 1961 - Assessing Officer - Jurisdiction of - Assessment year 1992-93 - Assessee filed return declaring loss which was processed under section 143(1)(a) - Later on, assessee applied for transfer of case to ACIT New Delhi - Assessing Officer rejected assessee's application observing that he had jurisdiction to decide matter and, accordingly, he finalized assessment - Tribunal remanded case to Assessing Officer to record a finding on issue of jurisdiction - Whether since Assessing Officer had already decided issue of jurisdiction, Tribunal should not have remanded case to Assessing Officer for fresh adjudication on same issue - Held, yes FACTS The assessee was engaged in the trading of foodgrains. For the assessment year 1992-93, assessee filed return declaring a loss which was processed under section 143(1)(a). Later on, the assessee applied for transfer of the case to the ACIT New Delhi which was rejected by the Assessing Officer by observing that he had the jurisdiction to decide the matter and he, accordingly, finalised the assessment. On appeal, the Commissioner (Appeals) upheld the order of the Assessing Officer. On further appeal, the Tribunal set aside the assessment and remanded the case to the Assessing Officer to record a finding on the issue of jurisdiction. On appeal : HELD The Tribunal committed a serious error by remanding the case to the Assessing Officer for deciding the issue of jurisdiction afresh. A perusal of order passed by the Tribunal showed that it had treated the issue of jurisdiction raised by the assessee as an important issue and set aside the order of assessment with a direction to the Assessing Officer to record a finding on the issue of jurisdiction. While doing so, the Tribunal overlooked the fact that the Assessing Officer had already decided the issue of jurisdiction. [Para 4] The revenue fairly stated that in the face of the finding recorded by the Assessing Officer on the issue of jurisdiction, the Tribunal should have itself adjudicated on the issue and should not have remanded the case to the Assessing Officer for fresh decision on the same issue.[Para 5] In view of the above, the appeal was…

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