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In the present case the petitioner has, no doubt obtained a PAN from the Assessing Officer at Madurai, wherein the address of the assessee is stated to be in Madurai. However, no assessments have been completed by the officials at Madurai, till date. For AY 2012-2013 to 2015-2016 the petitioner has filed returns of income electronically, stipulating his jurisdictional officer as the Income tax officer, Shimoga, Karnataka. These returns of income have been processed and intimations issued by the CPC wherein the address of the petitioner is stated to be Shimoga.

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Sec. 120 of the Income-tax Act, 1961 – Income-tax authorities – The provisions of sub-section (5) that vest concurrent jurisdiction in more than one officer, will have to be seen and read with section 124(4) only and do not constitute a standalone provision. In fact, it is only to decide the appropriate officer for exercise of concurrent jurisdiction vested in 124(5), that sub-section (4) provides for a reference of the matter to a superior officer by an AO. In the present case, though the petitioner/assessee specifically sought such determination, the Assessing Authority did not bother to refer the matter to the superior officer. This is a patent error that vitiates the assumption of jurisdiction of the respondent in full – ABDUL AZEEZ HAROON [2020] 270 TAXMAN 216 (MAD)

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