Ashok Devichand Jain v. Union of India

452 ITR 43High Court2023#3183 most cited

What is Ashok Devichand Jain v. Union of India authority for?

An Income Tax Officer issuing a notice under Section 148 of the Income Tax Act, 1961, must have jurisdiction, and such jurisdiction can be affected by CBDT instructions regarding the territorial jurisdiction of income-tax authorities.

38

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2023 to 2026.

Also referred to as

Ashok Devichand Jain · Union of India · Section 148 · Section 143(3) · Section 143(2) · Section 127 · jurisdiction · reassessment · CBDT Instruction No. 1/2011

Issues it is cited on

Judgments citing Ashok Devichand Jain v. Union of India

OM PRAKASH BANSAL (HUF),NAYA BAZ DELHIAR vs. AC CIRCLE 46(1) NEW DELHI, NEW DELH

In the result, the appeal filed by the assessee is partly allowed

ITA 2984/DEL/2024[2017-18]Status: DisposedITAT Delhi24 Oct 2025AY 2017-18

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharmaom Prakash Bansal (Huf), Vs. Acit, Circle 46(1), 3990, F/F, Naya Bazar, New Delhi. Delhi – 110 006. (Pan : Aabho0485L) (Appellant) (Respondent) Assessee By : Shri Suresh Kumar Gupta, Ca Revenue By : Shir Vipul Kashyap, Sr. Dr Date Of Hearing : 05.08.2025 Date Of Order : 24.10.2025 O R D E R Per S.Rifaur Rahman,Am: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As ‘Ld. Cit (A)) Dated 19.04.2024 For The Assessment Year 2017-18. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice Application For Admission Of Additional Grounds Of Appeal Wherein Following Additional Grounds Of Appeal Are Raised :-

For Appellant: Shri Suresh Kumar Gupta, CAFor Respondent: Shir Vipul Kashyap, Sr. DR
Section 143(2)

…Circle – 46(1), Delhi, thus in the absence of valid notice u/s 143(2) by the jurisdictional AO, the assessment order is liable to be quashed and the issue is no more res integra. In this regard, he relied on the case of Ashok Devichand Jain v. Union of India (452 ITR 43) (Bom) wherein it was held as under: - “Petitioner is impugning a notice dated 30th March, 2019 issued under section 148 of the Income Tax Act, 1961 (the Act) for A.Y. 2012-13 and order passed on 18th November, 2019 rejecting Petitioner’s objection to reopening on various grounds. 5 2. The primary ground that has been raised is that the Income T…

CHINMOY MONDAL,BURDWAN vs. ACIT, CIRCLE 1, , BURDWAN

In the result, the appeal of the assessee is allowed

ITA 1148/KOL/2025[2014-2015]Status: DisposedITAT Kolkata15 Oct 2025AY 2014-2015

Bench: Shri Rajesh Kumar, Am & Shripradip Kumar Choubey, Jm Acit, Circle-1, Burdwan Chinmoy Mondal Asst. Commissioner Of Income C/O S.N. Ghosh & Associates, Tax, Circle 1, Burdwan, Aaykar Advocates 2, Garstin Place, 2 Nd Bhawan Poorva, Kachari Road, Floor, Suite No.203, Off Hare Court Compound, P.O. & P.S. Vs. Street, Kolkata-700001, Burdwan, Dist. Purba West Bengal Barddhaman-713101, West Bengal (Appellant) (Respondent) Pan No. Adzpm8111E Assessee By : Shri Somnath Ghosh, Ar Revenue By : Shri Subrata Aich, Dr Date Of Hearing: 18.09.2025 Date Of Pronouncement: 15.10.2025

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Subrata Aich, DR
Section 143(3)Section 144Section 147Section 148Section 148A

…bad in law and so is the assessment framed u/s 147 read with section 144 of the Act. In defense of his argument the ld. AR relied on the decision of Ashok Chinmoy Mondal; A.Y. 2014-15 Devichand Jain vs. Union of India [2023] 151 taxmann.com 70 (Bombay)/[2023] 452 ITR 43 (Bombay)[08-03-2022], wherein a similar issue has been decided in favour of the assessee by the court by observing and holding as under:- “2. The primary ground that has been raised is that the Income-tax Officer who issued the notice under section 148 of the Act, had no jurisdiction to issue such notice. According to Petitioner as per instructio…

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