India - Income Tax Act 2010 - Saarc

1.615 CH. XIII - INCOME-TAX AUTHORITIES - JURISDICTION S. 127be completed to the best of the judgment of the Assessing Officer,whichever is earlier.(4) Subject to the provisions of sub-section (3), where an assessee calls in questionthe jurisdiction of an Assessing Officer, then the Assessing Officer shall, if notsatisfied with the correctness of the claim, refer the matter for determinationunder sub-section (2) before the assessment is made.(5) Notwithstanding anything contained in this section or in any direction ororder issued under section 120, every Assessing Officer shall have all the powersconferred by or under this Act on an Assessing Officer in respect of the incomeaccruing or arising or received within the area, if any, over which he has beenvested with jurisdiction by virtue of the directions or orders issued under subsection(1) or sub-section (2) of section 120.]Powers of Commissioner respecting specified areas, cases, persons, etc.125. 25 [Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.]Concurrent jurisdiction of Inspecting Assistant Commissioner and Income-taxOfficer.125A. 26 [Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.Original section was inserted by the Taxation Laws (Amendment) Act,1975, w.e.f. 1-10-1975.]Powers of Board respecting specified area, classes of persons or incomes.126. 27 [Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.]28[Power to transfer cases. 2930127. (1) The Director General or Chief Commissioner or Commissioner may,after giving the assessee a reasonable opportunity of being heard in thematter, wherever it is possible to do so, and after recording his reasons for doingso, transfer any case 31 from one or more Assessing Officers subordinate to him(whether with or without concurrent jurisdiction) to any other Assessing Officeror Assessing Officers (whether with or without concurrent jurisdiction) alsosubordinate to him.(2) Where the Assessing Officer or Assessing Officers from whom the case is tobe transferred and the Assessing Officer or Assessing Officers to whom the caseis to be transferred are not subordinate to the same Director General or ChiefCommissioner or Commissioner,—25. Prior to its omission, section 125 was substituted by the Finance (No. 2) Act, 1967, w.e.f.1-4-1967 and later on amended by the Finance Act, 1972, w.e.f. 1-4-1972, the Taxation Laws(Amendment) Act, 1975, w.e.f. 1-10-1975 and the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.26. Prior to its omission, section 125A was amended by the Finance (No. 2) Act, 1977, w.e.f.10-7-1978.27. Prior to its omission, section 126 was amended by the Finance (No. 2) Act, 1977, w.e.f.10-7-1978.28. Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Prior to itssubstitution, section 127 was substituted by the Finance (No. 2) Act, 1967, w.e.f. 1-4-1967and amended by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-10-1975.29. See also Circular No. 770, dated 16-9-1998. For details, see Taxmann’s Master Guide toIncome-tax Act.30. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.31. For the meaning of the term “case”, see Taxmann’s Direct Taxes Manual, Vol. 3.