DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2 , LUDHIANA V. RADIANT DIGITEK NETWORK LIMITED , KOTA

ITA 687/CHANDI/2024

AI Insights

The case involves an appeal by the Revenue against Radiant Digitek Network Ltd., concerning an assessment order issued by the ITO Ward-5, Jaipur for the assessment year 2017-18. The appeal was initially filed in the ITAT Chandigarh but was found to be outside its jurisdiction as the Assessing Officer (AO) was based in Jaipur. The CIT-DR acknowledged the transfer of the assessment record to Jaipur following a search operation under Section 132 of the Income Tax Act, 1961. The Tribunal, referencing the Supreme Court's decision in Pr. CIT Vs ABC Papers Ltd., confirmed that the situs of the appeal should be where the AO is located, thus dismissing the appeal in Chandigarh and advising the Revenue to refile in Jaipur.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 35561 (ITAT-CHANDIGARH)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2017-2018
• Other Referred Cases: Pr. CIT Vs ABC Papers Ltd. (2022) 447 ITR 1
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUSUM BA NSAL
• Keywords: Condonation of delay; Assessment record
• Section: 132

Judgement Text

"आयकर अपील य अ धकरण,च\u0010डीगढ़ \u0014यायपीठ , च\u0010डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘B’ CHANDIGARH BEFORE: SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI KRINWANT SAHAY, ACCOUNTANT MEMBER, आयकर अपील सं./ ITA No. 687/CHD/2024 \u0001नधा\u0005रण वष\u0005 / Assessment Year : 2017-18 The DCIT, Central Circle-2, Ludhiana. Versus Radiant Digitek Network Ltd., G-247 Road No.5, IPLA Kota (Rajasthan). थायी लेखा सं./PAN /TAN No: AAGCR9143J अपीलाथ\u0017/Appellant \u0018\u0019यथ\u0017/Respondent \u0001नधा\u0005\u001aरती क ओर से/Assessee by : None राज व क ओर से/ Revenue by : Smt. Kusum Bansal, CIT-DR तार ख/Date of Hearing : 31.12.2024 उदघोषणा क तार ख/Date of Pronouncement : 31.12.2024 PHYSICAL HEARING आदेश/ORDER PER KRINWANT SAHAY, AM This appeal by Revenue is arising out of the order of ld. CIT(A)-5 Ludhiana in appeal No 11733/ROT/Jaipur/IT/CIT(A)- 5/Ldh/2019-20 order dated 27.03.2024. The assessment was framed by ITO Ward-5, Jaipur under Section 1243(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’) vide his order dated 26.12.2019 for the assessment year 2017-18. 3. At the outset, it is noticed that the assessment was framed by ITO 5(1) Jaipur and when this was confronted to ld. CIT-DR, she stated that the assessment record was transferred after centralization of Jujhar Group of cases in consequent to search conducted under Section 132 of the Act on 26.11.2021. She referred to transfer order of jurisdiction under Section 127 of the Act dated 18.11.2022 passed vide DIN and Order No. DIN & Order No.ITBA/COM/F/17/2022-23/1047510534(1)dated 18.11.2022 but when it was pointed out to ld. CIT-DR that in term of Income Tax Appellate Tribunal Rules, 1963 in term of provisions of Rule 4 and consequent standing order No.1 of 1987 dated 17.07.1987 as amended from time to time till date and finally amended w.e.f. 01.10.1997 the jurisdiction of all appeals and applications from the Districts, States and Union Territories are determined in terms of this standing order. It was pointed out that the AO is situated at Jaipur and hence the situs of this appeal lies with Jaipur Bench of ITAT. When these facts were confronted to her, she could not controvert the above fact situation. 4. None is present from assessee side. 5. After hearing ld. CIT-DR, we noted that the situs of this appeal does not lie to ITAT Chandigarh Benches rather it lies with ITAT Jaipur Benches. Even otherwise, in view of the decision of Hon’ble Supreme Court in the case of Pr. CIT Vs ABC Papers Ltd. (2022) 447 ITR 1, the situs of the appeal lies wherever the jurisdiction of the AO is situated and in the present case, the AO is situated at Jaipur and hence, the jurisdiction of this appeal lies at ITAT, Jaipur. Hence, we dismiss this appeal of Revenue with opportunity to file this appeal afresh with ITAT Jaipur within 60 days from the date of this order. The condonation of delay will not be hindrance in filing of this appeal to the Revenue. In terms of the above, appeal of Revenue is dismissed as not maintainable. 6. Appeal of the Revenue is dismissed as not maintainable. Order pronounced on 31.12.2024. Sd/- Sd/- ( MAHAVIR SINGH) ( KRINWANT SAHAY) VICE PRESIDENT ACCOUNTANT MEMBER “Poonam” आदेश क\u0002 \u0003ितिलिप अ ेिषत/ Copy of the order forwarded to : 1. अपीलाथ\u000f/ The Appellant 2. \u0003\u0010यथ\u000f/ The Respondent 3. आयकर आयु\u0014/ CIT 4. िवभागीय \u0003ितिनिध, आयकर अपीलीय आिधकरण, च\u0018डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड फाईल/ Guard File आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar "