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THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, RAJESH SEKHRI
Reshi Construction Company through its Managing Partner Mohammad Yaser – Appellant
Versus
Commissioner of Income Tax, Jammu – Respondent
JUDGMENT
Sanjeev Kumar, J.
1. This appeal under Section 260A of the Income Tax Act, 1961 [“the Act”] arises out of an order dated 22nd July, 2009 passed by the Income Tax Appellate Tribunal, Amritsar [“ITAT”] in ITA No.478(ASR)/2008 titled M/s Reshi Construction Co. v. The Income Tax Officer, Ward 4, Srinagar, whereby the appeal of the appellant-assessee against the order of Commissioner, Income Tax (Appeals), Jammu dated 14th July, 2008 has been dismissed.
2. Vide order dated 23rd May, 2013, the instant appeal was admitted to hearing on the following substantial questions of law:-
A. Whether Hon’ble ITAT erred in law in upholding the validity of the jurisdiction assumed by the Assessing Officer to pass the assessment order, more so by disregarding the settled principle that there can be no estoppel against law.
B. Whether Hon’ble ITAT erred in law in upholding the addition of undisclosed investment by passing a non speaking order.
C. Whether Hon’ble ITAT erred in law in upholding the addition on account of “Addition to fixed assets” when such assets are appearing in the balance sheet.
D. Whether the order passed by Hon’ble Tribunal is in accordance with law.
3. The appellant is a partners
The jurisdiction of the Assessing Officer under Section 143(2) of the Income Tax Act is statutory and not subject to administrative guidelines, allowing for valid assessments despite alleged procedur....
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