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“Section 120(2)”

Section References (mined)Section 120Section 120(2)19 judgments

The decision most relied on for Section 120(2) is Commissioner of Income-tax v. Ramesh D. Patel (362 ITR 492), cited in 91 judgments on BharatTax.

Leading authorities on Section 120(2)

Commissioner of Income-tax v. Ramesh D. Patel
362 ITR 492 · 2014 · High Court
91
citing judgments

Section 124(3) of the Income-tax Act, which restricts an assessee from objecting to an Assessing Officer's jurisdiction, applies only to disputes concerning territorial jurisdiction as conferred by Section 120(1) or (2). It does not apply to objections regarding the Assessing Officer's inherent jurisdiction to frame an assessment.

DCIT v. Kalinga Institute of Industrial Technology
151 Taxmann.com 434 · 2023 · Supreme Court
86
citing judgments

An assessee who participates in assessment proceedings without challenging the Assessing Officer's jurisdiction, particularly concerning a Section 148 notice for reassessment, cannot subsequently dispute that jurisdiction.

CIT v. Varas International
284 ITR 80 · Supreme Court
79
citing judgments

An appellate authority can admit additional legal grounds for the first time, even if not raised earlier, provided these grounds are purely legal, go to the root of the matter, and the relevant facts for their adjudication are already on record.

CIT v. Mahalaxmi Glass Works (P) Ltd.
318 ITR 116 · 2009 · High Court
64
citing judgments

When the valuation of closing stock is adjusted to include CENVAT or Modvat credit under Section 145A, a corresponding adjustment must also be made to the opening stock.

CIT v. L.G. Ramamurthi 1977 CTR (Mad.) 416
110 ITR 453 · 1977 · High Court
62
citing judgments

An Income Tax Appellate Tribunal (ITAT) cannot reach a conclusion contrary to an earlier decision by another bench of the same Tribunal on identical facts, as the Tribunal acts as a consistent institution regardless of changes in its members.

CIT v. Mahavir Alluminium Ltd.
297 ITR 77 · 2008 · High Court
58
citing judgments

When the Assessing Officer revalues the closing stock, the opening stock must also be revalued on the same basis to ensure consistency in the method of accounting and proper computation of business income.

Page 10 of 15 of Income Tax v. Mukesh Kumar Agrawal
345 ITR 29 · 2012 · High Court
56
citing judgments

Section 292BB of the Income Tax Act, 1961, is a rule of evidence that validates service of notice in certain circumstances. It introduces a deeming fiction that if an assessee appears in any proceeding or cooperates in any inquiry relating to assessment or reassessment, it shall be deemed that any required notice was duly served, precluding objection to such service.

West Bengal State Electricity Board v. Deputy Commissioner of Income Tax, Special Range
278 ITR 218 · 2005 · High Court
54
citing judgments

A question of law concerning the root of jurisdiction can be raised for the first time before the Income Tax Appellate Tribunal. A defect of jurisdiction is incurable, and jurisdiction, which cannot be conferred by default or agreement, is determined by its initiation date and operates prospectively, not retrospectively.

Judgments citing Section 120(2)

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

High Court in para 2 has noted that "the ITAT, however, considered the material on record, including the notification dated 01.08.2007, under Section 120(2) and proceeded to hold that in the absence of specific notification under section 120(4)(b), the ACIT could not have acted ... Para 5 of the decision) (ii) Reference to an incorrect provision per se cannot invalidate the authority conferred in the present case under section 120(2) instead of section 120(4)(b). Hence, the assessee's argument that the Additional Commissioner of Income-tax (ACIT) did not possess jurisdiction, cannot