(iv) CIT v. British India Corporation Ltd.

337 ITR 64High Court2011#6075 most cited

What is (iv) CIT v. British India Corporation Ltd. authority for?

A question of an Assessing Authority's jurisdiction cannot be disputed after assessment proceedings are completed. Such disputes can only be decided by the Commissioner or the Board, not by an appellate authority under Section 246.

19

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. British India Corporation Ltd. · 337 ITR 64 · Section 124 · Section 124(3) · jurisdiction of assessing officer · dispute jurisdiction after assessment · Commissioner jurisdiction · Board jurisdiction

Issues it is cited on

Judgments citing (iv) CIT v. British India Corporation Ltd.

ADDL CIT R G 7(1), MUMBAI vs. NOVARTIS INDIA LTD ( FORMERLY KNOWN AS HINDUSTAN CIBA GIEGY LTD. ), MUMBAI

ITA 6772/MUM/2010[2002-03]Status: DisposedITAT Mumbai20 Mar 2024AY 2002-03

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Novartis India Limited V. Asst. Commissioner Of Income –Tax - 7(2)(2) {Earlier Addl. Commissioner Of Income –Tax – 7(1)} 6Th& 7Th Floor 1St Floor, Aayakar Bhavan Inspire Bkc M.K. Road, Mumbai - 400020 “G” Block, Bkc Main Road Bandra Kurla Complex, Bandra (E) Mumbai – 400051 Pan: Aaach2914F (Appellant) (Respondent) Addl. Commissioner Of Income –Tax – 7(1) V. M/S. Novartis India Limited Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent) Co No.190/Mum/2011 [Arising Out Of Ita No.6772/Mum/2010 (A.Y. 2002-03)] M/S. Novartis India Limited V. Addl. Commissioner Of Income –Tax – 7(1)} Room No. 622, Aayakar Bhavan {Earlier Known As Hindustan Ciba Giegy Ltd.,} Sandoz House, Dr. A.B. Road M.K. Road, Mumbai - 400020 Worli, Mumbai – 400018 Pan: Aaach2914F (Appellant) (Respondent)

Section 120(4)(b)Section 127Section 143(2)Section 143(3)Section 2

…(Appeals) in terms of Section 124(3)(b). Thus, the ITAT cannot entertain this ground of appeal on jurisdiction and it is a matter which can only be decided u/s 124(3)(b). 10.3 The Hon'ble High Court of Allahabad in the case of British india Corporation Ltd. (337 ITR 64), has held that any question of jurisdiction of the Assessing authority cannot be disputed after the completion of the assessment proceedings and that it has been specifically provided in the Act that the question of jurisdiction of the assessing authority can be gone into either by the Commissioner or by the Board as the case may be. An appeal to…

(iv) CIT v. British India Corporation Ltd. (337 ITR 64) — Cited in 19 Judgments | BharatTax