Y S Jagan Mohan Reddy,Kadapa vs Acit, Circle-2(1), Hyderabad on 12 February, 2025
Y.S.Jagan Mohan Reddy
In any way, the issue before Hon'ble High Court of Delhi in the
case of Abhishek Jain Vs. CIT is that when the assessee himself
sought for transfer of case from ITO, Noida to ITO, Ward-36(1),
Delhi, the question of transfer of the case by order u/s 127 of the
Act is not applicable. Further, when both the officers have
concurrent jurisdiction over the assessee, and further the case
has been transferred at the request of the assessee, the assessee
cannot call in question, the jurisdiction of the Assessing Officer
at subsequent stage. Therefore, we are of the considered view that
the case law relied upon by the Ld.DR is not applicable to the
facts of the present case, and therefore, rejected.