Habib Mohammed v. The Deputy Commissioner of Income-tax, Hyderabad - 2014-LL-0925-53

Citation	2014-LL-0925-53
Appellant Name	Habib Mohammed
Respondent Name	The Deputy Commissioner of Income-tax, Hyderabad
Court	HIGH COURT OF HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Relevant Act	Income-tax
Date of Order	25/09/2014
Judgment	View Judgment
Bot Summary:	584 of 2014 JUDGMENT: At this stage, we are not inclined to interfere with the matter as everything is asked to be decided by the learned Tribunal by its impugned judgment by the Assessing Officer. We feel that the same needs some clarification. The learned Tribunal asked the Assessing Officer to decide the question of jurisdiction first, as has been raised. If the assessee succeeds on the question of jurisdiction, then the Assessing Officer shall not proceed further. If the decision is rendered otherwise, then the Assessing Officer shall proceed further in the matter. Pending miscellaneous applications, if any, shall also stand disposed of.

THE HON BLE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.584 of 2014 DATED:25.9.2014 Between: Mr. Habib Mohammed, Hyderabad. Appellant And Deputy Commissioner of Income Tax, Hyderabad. .Respondent HON BLE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND HON BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.584 of 2014 JUDGMENT: (per Hon ble Chief Justice Sri Kalyan Jyoti Sengupta) At this stage, we are not inclined to interfere with matter as everything is asked to be decided by learned Tribunal by its impugned judgment by Assessing Officer. However, we feel that same needs some clarification. learned Tribunal asked Assessing Officer to decide question of jurisdiction first, as has been raised. If assessee succeeds on question of jurisdiction, then Assessing Officer shall not proceed further. If decision is rendered otherwise, then Assessing Officer shall proceed further in matter. appeal is accordingly disposed of. Consequently, pending miscellaneous applications, if any, shall also stand disposed of. No costs. K.J. SENGUPTA, CJ SANJAY KUMAR, J 25th September, 2014 pnb Habib Mohammed v. Deputy Commissioner of Income-tax, Hyderabad

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