The Assistant Commissioner of Income Tax, Circle-2 (1), Magalore., Mangalore V. M/s The South Canara District Central Co-op. Bank Ltd., Mangalore

ITA 18/PAN/2017

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 1733 (ITAT-PANAJI)
• Duration Of Justice: 7 year(s) 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 14-06-2017
• Assessment Year: 2013-2014
• Appeal Filed On: 08-01-2017

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH : PANAJI [THROUGH VIRTUAL HEARING] BEFORE SHRI RAMA KANTA PANDA, VICE PRESIDENT AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.18/PAN./2017 Assessment Year 2013-2014 The ACIT, Circle-2(1), Mangalore. vs. M/s. The South Canara District Central Co-operative Bank Ltd., 14-7-1011, Post Box No.721, Sadashiva Sahakara Sadana Kodialbail, MANGALORE – 575 003. Karnataka. (Appellant) (Respondent) For Revenue : Shri Sridhar Dora, Sr. D.R. For Assessee : Shri Chetan Chaugule. Date of Hearing : 04.06.2024 Date of Pronouncement : 07.06.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This Revenue’s appeal, for assessment year 2013- 2014, arises against the order of the learned CIT(A), Mangaluru, Mangalore’s order in Appeal No.ITA.No.283/MNG/ CIT(A)MNG/15-16, dated 28.10.2016, in proceedings u/s. 143(3) of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused. 2. It emerges at the outset that the learned Assessing Officer i.e., ACIT, Circle-2(1), Mangalore, had framed his impugned assessment at Mangalore not having “situs” within 2 I.T.A.No. 18/PAN./2017 the territorial jurisdiction of Panaji Bench of the ITAT as per the Standing Order issued Under Income Tax [Appellate Tribunal] Rules, 1963 notified w.e.f. 01.10.1997 followed by hon’ble President’s latter order dated 04.12.2002 re-allocating territorial jurisdiction of Bengaluru Bench(es) of the tribunal to “(1) the State of Karnataka [excluding the district of Belgaum and Karwar taluka of the Uttar Kannada District]” and for Panaji benches as (2) “State of Goa; the District of Belgaum and Karwar Taluka of the Uttar Kannada District of Karnataka State”; respectively. Faced with this situation, we reject the Revenue’s instant appeal “as returned” with liberty to be instituted afresh before the appropriate bench(es) of the tribunal having territorial jurisdiction as per “situs” of the Assessing Officer in the foregoing terms. Ordered accordingly. 3. This Revenue’s appeal I.T.A.No.18/PAN./2017 is “rejected as returned” in above terms. Order pronounced in the open Court on 07.06.2024 Sd/- Sd/- [R.K. PANDA] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 07 th June, 2024 VBP/- Copy to 1. The applicant 2. The respondent 3. The Pr. CIT, Panaji concerned. 4. D.R. ITAT, Panaji Bench, Panaji. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.