Law:

Section:

2007] 293 ITR 441 [2008] 169 TAXMAN 78 (GAU.) HIGH COURT OF GAUHATI Commissioner of Income-tax v. Ganga Bani Mercantile & Finance (P.) Ltd.ï-ª D. BISWAS AND SMT. A. HAZARIKA, JJ. IT APPEAL NO. 4 OF 2006 AUGUST 21, 2007 Section 124 of the Income-tax Act, 1961 - Assessing Officer - Jurisdiction of - On basis of a search in case of a company and documents seized therein, Assessing Officer at Guwahati issued notice under section 158BD to assessee and completed block assessment - Tribunal quashed assessment order holding that registered office of assessee being situated in West Bengal, only Chief Commissioner at Calcutta had jurisdiction of case and revenue authorities at Guwahati did not have any jurisdiction to proceed against assessee - Whether in absence of any other relevant material to decide principal place of business of assessee, mere fact that its registered office was situated at Calcutta was of no consequence to debar jurisdiction of Assessing Officer at Guahati - Held, yes - Whether, therefore, reasoning adopted by Tribunal in quashing assessment order was not correct and matter was to be remitted back to it to re-examine issue of jurisdiction after due consideration of material or record - Held, yes FACTS Pursuant to the search and seizure operation conducted in the case of 'G' group of companies, the Assessing Officer at Guwahati found that the assessee had made certain investments in that company. Consequently, he issued a notice under section 158BD to the assessee. The assessee con-tended that notice and proceedings under section 158BD were invalid and without jurisdiction. The Assessing Officer, however, did not accept the claim regarding lack of jurisdiction and completed assessment computing undisclosed income of the assessee. On appeal, the Commissioner (Appeals) upheld the order of the Assessing Officer. On second appeal, the Tribunal held that the assessee being registered with the Registrar of Companies, in West Bengal, the jurisdiction of the case could only be with the Chief Commissioner, Calcutta and the assessing authority as well as the appellate authority at Guwahati could have no jurisdiction to proceed against the assessee under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492