Scrutiny Assessment Void if not as Per CBDT Scrutiny Guidelines

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INCOME TAX APPELLATE TRIBUNAL

DELHI BENCH “B” NEW DELHI

BEFORE SHRI B.R. MITAL : JUDICIAL MEMBER

&

SHRI B.R. JAIN : ACCOUNTANT MEMBER

ITA no. 3630/Del/2009 – Asstt. Yr: 2006-07

M/s Crystal Phosphates Ltd. Vs. Asstt. Commissioner of Income-tax

ITA no. 4002/Del/2009 – Asstt. Yr: 2006-07

Asstt. Commissioner of Income-tax Vs. M/s Crystal Phosphates Ltd.

 

Once the CBDT has issued instructions for assumption of jurisdiction for selection of cases of corporate assesses for scrutiny and assessment thereof, the same have to be followed in letter and spirit by the AO . The burden lies on the authority assuming jurisdiction to show and establish that such instructions have duly been complied and satisfied in letter and spirit. However, in the instant case, for the reasons stated above, instructions issued by the CBDT are not shown to have been satisfied for assumption of jurisdiction. Thus, we are in agreement with the contention raised by the appellant that notice issued u/s 143(2) of the Act for assumption of jurisdiction was not in terms of the instructions of the CBDT.
Hence, both the notice and the assessment framed are held to be without valid jurisdiction and stand quashed as such.