Law:

Section:

Section 8AA of the wealth-tax act, 1957-income-tax authorities-concurrent jurisdiction of inspecting assistant commissioner and wealth-tax officer-commissioner passed order under section 125A(1) of 1961 act, by which iac and ito were to have concurrent jurisdiction over income-tax case of assessee-whether tribunal was right in holding that reassessment made by wto in pursuance of proceedings initiated by iac under section 17(1)(a) of 1957 act was invalid on ground that there was no separate notification under section 8aa of 1957 act by commissioner-held, yes. Facts The Commissioner passed an order under section 125A(1) of the 1961 Act by which the IAC and the ITO were to have concurrent jurisdiction over the income-tax case of the assessee. During the period when the said notification was operative, the IAC issued a notice under section 17(1)(a) of the 1957 Act to the assessee to reopen the assessment and subsequently reassessment came to be made. The assessee questioned the validity of the initiation of the proceedings under section 17(1)(a ) on the ground that there having been no notification as contemplated under section 8AA of the 1957 Act, the IAC had no jurisdiction to initiate the said proceedings. The Commissioner (Appeals) and the Tribunal upheld the assessee's contention. On reference : Held A notification issued under a particular Act can be taken to be operative only in respect of that Act and it cannot be taken to apply to matters arising under another statute. The notification issued under section 125 A(1) was only for authorising the IAC to have concurrent jurisdiction with the ITO so far as the powers exercisable under the 1961 Act were concerned. The notification could not be taken to include the powers exercisable under the 1957 Act. Further, the Legislature in enacting section 8AA has made its intention clear. Section 8AA enables the Commissioner to enable the IAC to have concurrent jurisdiction with the WTO in respect of any area or cases or class of cases or persons or class of persons. If the notification issued under section 125A(1) of the 1961 Act will serve the purpose, there was no necessity for making a provision like section 8AA…

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