Section 120 of the Income Tax Act

Income-tax Act, 2025: s.241

Section 120 of the Income-tax Act, 1961 corresponds to section 241 (Jurisdiction of income-tax authorities) of the Income-tax Act, 2025.

Read section 241 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 120 is Mrs. Khatiza S. Oomerbhoy v. ITO, Mumbai (101 TTJ 1095), cited in 101 of the 212 judgments on BharatTax that turn on this section.

Leading authorities on Section 120

Mrs. Khatiza S. Oomerbhoy v. ITO, Mumbai
101 TTJ 1095 · 2006 · ITAT
101
citing judgments

This case outlines the fundamental tests for invoking Section 263, holding that an assessment order is 'erroneous' if based on incorrect facts or incorrect application of law, or passed without due inquiry. For revision, both the conditions of being erroneous and prejudicial to the interest of the Revenue must be fulfilled.

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.

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.

(4) ClT v. Manoj Jain
287 ITR 285 · 2006 · High Court
48
citing judgments

A District Valuation Officer (DVO) report, by itself, is not sufficient incriminating evidence to make additions for unexplained investments in a block assessment under Section 158BC. The revenue bears the primary burden of proof to establish undisclosed income, and a DVO opinion alone is also insufficient information for reopening an assessment under Section 147.

L. Hazarimal Kuthalia v. ITO
41 ITR 12 · 1961 · Supreme Court
47
citing judgments

The exercise of a power must be referable to a jurisdiction that validates it, not one that would render it nugatory. Provisions concerning the machinery for assessment must be interpreted to make the tax charge effective.

Krishnendu Chowdhury v. ITO
78 Taxmann.com 89 · 2017 · ITAT
46
citing judgments

An assessment notice issued under section 143(2) is invalid if it is not issued by the Income Tax Officer (ITO) as per CBDT Instruction No. 1/2011, even if issued by an Assistant Commissioner of Income Tax (ACIT). Such an invalid notice renders the subsequent assessment void.

Pannalal Binjraj v. Union of India
31 ITR 565 · 1957 · Supreme Court
46
citing judgments

An assessee has no fundamental right to be assessed by a particular Assessing Officer or at a specific place. Orders transferring a case are administrative, for better revenue administration, and are not justiciable unless mala fides or clear prejudice is proven, with inconvenience not being a valid ground.

February 16, 2010, CIT v. Shakuntala Devi
294 ITR 143 · 2007 · High Court
43
citing judgments

A Departmental Valuation Officer's (DVO) report, by itself, is not sufficient information to conclude understatement of consideration or make additions to income. The Revenue must discharge the burden of proving actual receipt of higher consideration, beyond merely relying on a DVO's opinion, especially in the absence of incriminating evidence.

Principal Commissioner of Income-tax v. Nopany& Sons.
136 Taxmann.com 414 · 2022 · High Court
41
citing judgments

An assessment order is invalid if it is based on a notice issued under section 143(2) by an Assessing Officer who lacked jurisdiction at the time the notice was issued, even if the case was subsequently transferred to an officer with jurisdiction.

Judgments on Section 120

Abhishek Bhutra, Kolkata vs. ACIT, Cir-38, Midnapore, Midnapur

In the result, appeal of the assessee is allowed

ITA 242/KOL/2023[2017-18]Status: DisposedITAT Kolkata30 Jan 2025AY 2017-18

Bench: Shri Sanjay Gargi.T.A No.242/Kol/2023 Assessment Year: 2017-18 Abhishek Bhutra..….…....………………………… ........................……Appellant C/O S. N. Ghosh & Associates, Advocate 2, Garstin Place, 2Nd Floor, Suite No.203, Off Hare Street, Kol-1. [Pan: Ahupb6924D] Vs. Acit, Circle-38, Midnapore...............…................…........……...…..…..Respondent Appearances By: Shri Somnath Ghosh, Advocate, Appeared On Behalf Of The Appellant. Shri Manas Mondal, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 23, 2024 Date Of Pronouncing The Order : January 30, 2025 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.02.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer Of Rs.32,76,000/- On Account Of Unexplained Cash Deposits In Bank Account Of The Assessee Treating The Same As Income Of The Assessee From Undisclosed Sources. The Assessee, An Individual, Was Engaged In Wholesale Dealing In Mobile Handsets Of Different Companies Under The Name & Style Of “Ub Starcom”. The Assessee Filed His Return Of Income U/S 139(1) Of The Act On 01.11.2017 Disclosing A Total Income At Rs.15,34,300/- For The Assessment Year Under Dispute. The Notice U/S

Section 120Section 139(1)Section 143(2)Section 143(3)Section 250