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Case lawNotifications2009 › Notification No. 75
Notification 30 September 2009

Notification No. 75

Section 120(1) and (2) of the Income-tax Act, 1961 – Jurisdiction of Income-tax Authorities

What this is

Notification No. 75 was published on 30 September 2009. Its subject is Section 120(1) and (2) of the Income-tax Act, 1961 – Jurisdiction of Income-tax Authorities.

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.120s.241, s.243
s.133s.252, s.261
s.139s.2, s.263, s.349
s.143s.270
s.154s.287
s.156s.289

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

SECTION 120(1) AND (2) OF THE INCOME-TAX ACT, 1961 – JURISDICTION OF INCOME-TAX AUTHORITIES

NOTIFICATION NO. 75/2009, DATED 30-9-2009

In exercise of the powers conferred by sub-sections (1) and (2) of section 120 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby:–

(a) directs that the Commissioner of Income-tax specified in column (2) of the Schedule hereto annexed, having his headquarter at the place specified in the corresponding entry in column (3) of the said schedule, shall exercise the concurrent powers :–

of processing of income-tax returns under sub-section (1) of section 143 of the Income-tax Act, 1961;

of rectifying the mistakes which are apparent from processing of returns under section 154 of the Income-tax Act, 1961;

to call for information under section 133 of the Income-tax Act, 1961;

to declare return of income filed by the assessee as invalid return for non compliance of procedure or otherwise;

to declare return of income filed by the assesses as defective return under sub-section (9) of section 139 of the Income-tax Act, 1961;

to set off or adjustment of refunds against outstanding tax liability of the assessee under section 245 of the income-tax Act, 1961; and

to issue notice of demand under section 156 of the Income-tax Act, 1961,

in respect of such territorial area or such cases or classes of cases or such persons or classes of persons specified in the corresponding entry in column (4) of the said Schedule and. in respect of all income or classes of income thereof;

(b) authorized the Commissioner of Income-tax referred to in this notification to issue orders in writing for the exercise of the powers and performance of the functions by the Additional Commissioners or Joint Commissioners of Income-tax, who are subordinate to him, in respect of such territorial area or such persons or classes of persons or of such income or classes of income or of such cases or classes of cases specified in the corresponding entry in column (4) of the said Scehdule;

(c) authorizes the Additional Commissioners or Joint Commissioners of Income-tax referred to in clause (b) of this notification, to issue orders in writing for the exercise of the powers and performance of the functions by the Assessing Officers, who are subordinate to them, in respect of such territiorial area or such persons or classes of persons or income or classes of income, or cases or classes of cases specified in the corresponding entry in column (4) of the said Schedule, in respect of which such Additional Commissioners or Joint Commissioners of Income-tax are authorized by the Commissioner of Income-tax under clause (b) of this notification.

SHEDULE

Sl.No.

Designation of Income-tax Authority

Headquarters

Jurisdiction

(1)

(2)

(3)

(4)

1.

Commissioner of Income-tax, Centralised Processing Centre, Bangaluru

Bengaluru, Karnataka

All the cases where the return of income has been furnished in –

(i) electronic form except where the original return under sub-section (1) of section 139 has been furnished in paper form, and

(ii) paper form, in the state of Karnataka and Goa having jurisdiction over such return.

This notification shall come into force from the date of its publication in the official Gazette.

[F.NO. 142/18/2009-TPL]

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Notification No. 76  ·  Notification No. 74 →

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

Source: the Income Tax Department’s own published text — its page for this instrument.