DCIT Central Circle-20, New Delhi V. Avantha Realty Ltd, Delhi

ITA 2432/DEL/2022

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 3834 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-02-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 07-11-2023
• Assessment Year: 1999-2000
• Appeal Filed On: 29-09-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’: NEW DELHI BEFORE, BEFORE DR. B.R.R. KUMAR, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER ITA No.2432/Del/2022 (ASSESSMENT YEAR 1999-2000) DCIT, Central Circle-20 New Delhi Vs. Avantha Realty Ltd. (Previous known as Janpath Investment & Holding Ltd.) 124, Thapar House, Janpath Central, New Delhi PAN : AAACJ8030A (Appellant) (Respondent) Appellant by Sh. Upvan Gupta, Adv. Respondent by Ms. Sapna Bhatia, CIT-DR Date of Hearing 14/02/2024 Date of Pronouncement 16/02/2024 ORDER PER YOGESH KUMAR U.S., JM: This appeal filed by the Revenue against the order of Learned Commissioner of Income Tax (Appeals)-27, New Delhi [“Ld. CIT(A)”, for short], dated 14/07/2022 for Assessment Year 1999-2000. ITA No.2432/Del/2022 Avantha Realty Ltd. Page 2 of 3 2. The Ld. Counsel for the assessee submitted that the present Appeal is not maintainable before this Tribunal as the assessment order passed by the A.O. Circle-6, Kolkata and this Tribunal has no territorial jurisdiction over the matter. 3. The Ld. Departmental Representative has also not disputed the above said fact and settled position of law. 4. Considering the ratio laid down by the Hon’ble Supreme Court in the case of Commissioner of Income Tax Vs. Balak Capital Pvt. Ltd. in Special Leave to Appeal (c) No. 7019/2017 and in view of the settled position of law, we dismiss the present appeal filed by the Revenue with a liberty to file an appeal within 60 days from the date of receipt of this order before the appropriate Jurisdictional Tribunal. Accordingly, the Appeal filed by the Revenue is dismissed with liberty. Order pronounced in open Court on 16 th February, 2024 Sd/- Sd/- (Dr. B. R. R. KUMAR) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 16/02/2024 Binita/R.N Sr. PS ITA No.2432/Del/2022 Avantha Realty Ltd. Page 3 of 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI