Sunrolling Mills P Ltd. v. ITO

Jypore Manufaturing Jewellers Pvt. Ltd., Jaipur vs. JCIT(OSD), Jaipur

In the result appeals filed by assessee are allowed and that of revenue are dismissed

…is well settled that an Assessing Authority gets jurisdiction to reopen a concluded assessment only after serving a valid notice on the assessee. (iii) Similar decision was rendered by the Calcutta High Court in the case of Sun Rolling Mills Pvt. Ltd. Vs. ITO 160 ITR 412 wherein it was held that section 292B does not empower to ITO to treat a proceeding taken u/s 147(b) as proceeding u/s 147A. This is not a mere technicality. It is a question of jurisdiction unless the conditions precedent are fulfilled no proceeding can be initiated. The ratio of the aforesaid cases makes it clear that in the cases where condi…