(1) No objection as to the territorial or pecuniary jurisdiction of any assessing
authority shall be allowed by any appellate or revising authority or the
Tribunal, unless such objection was taken before the assessing authority at the
earliest possible opportunity and unless, in the opinion of the appellate or
revising authority or the Tribunal, as the case may be, a failure of justice has in
fact been occasioned thereby.
(2) Where any assessment is set aside or quashed merely on the ground of want of
territorial or pecuniary jurisdiction of the assessing authority or on any other
ground of a like nature not affecting the substance, any tax already paid by the
assessee, to the extent of the liability admitted by him shall not be refundable to
him, in consequence of the assessment being so set aside or quashed.
Advertisement