YG Capital Ltd., Mumbai V. Assistant Commissioner of Income-Tax, Central Circle -1, , Pune

MA 135/PUN/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7146 (ITAT-PUNE)
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-05-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 04-04-2024
• Assessment Year: 2010-2011
• Appeal Filed On: 04-06-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEEPA SANJAY HIRAY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “B” BENCH : PUNE [THROUGH HYBRID HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER M.A.No.135/PUN./2023 Arising out of I.T.A.No.101/PUN./2022 - Assessment Year 2010-2011 Y.G. Capital Limited, 10 th Floor, Gold Crest, NS Road No.10, JVPD Scheme, Vile Parle (W), Mumbai – 400 049 Maharashtra. PAN AAACW2279E vs. The ACIT, Central Circle-1, Aaykar Sadan, Bodhi Towers, 713, 548/2B, Salisbury Park, Gultekdi, Pune – 411 037 Maharashtra. (Appellant) (Respondent) For Assessee : Shri Deepak Shah For Revenue : Smt. Deepa Sanjay Hiray Date of Hearing : 03.05.2024 Date of Pronouncement : 17.05.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s miscellaneous application M.A.No.135/PUN./2023 filed for assessment year 2010-2011 seeks to recall/rectify the tribunal’s order dated 05.01.2023 in dismissing it’s main appeal I.T.A.No.101/PUN./2022 u/sec.254(2) of the Income Tax Act, 1961 (in short "the Act"). Heard both the parties. Case file perused. 2. Learned counsel vehemently argued during the course of hearing in light of assessee’s averments in the instant miscellaneous application that there was a 2 M.A.No.135/PUN./2023 communication gap qua it’s adjournment petition filed which forms the sole reason of it’s non-appearance in the main appeal’s hearing on 20.12.2022 resulting in the impugned ex- parte order. The Revenue is fair enough in not contesting the assessee’s averments to this effect. We thus find it as a fit case to recall our ex-parte order by exercising our jurisdiction u/sec.254(2) of the Act. The assessee succeeds in it’s instant M.A.No.135/PUN./2023. 3. We next note that with the able assistance coming from both the parties that the learned DCIT, Circle-7, Kolkata had in fact framed his impugned assessment dated 14.03.2013, forming subject matter of the assessee’s main appeal ITA.No.101/PUN./2022 at Kolkata. That being the case, we invited the learned counsel’s attention towards this tribunal’s Standing Order notified w.e.f. 01.10.1997 under the Income Tax [Appellate Tribunal] Rules, 1963 specifying territorial jurisdiction of various benches wherein clause (4) thereof makes it crystal clear that “The ordinary jurisdiction of the Bench will be determined not by the place of business or residence of the assessee but by the location of the office of the Assessing Officer”. Hon’ble apex court’s recent landmark decision(s) in PCIT vs. ABC Paper Limited [2022] 447 ITR (1) (SC) as well as MSPL Ltd. vs. PCIT [2021] 127 taxmann.com 379 (Bom.); upheld in PCIT vs. MSPL Ltd. [2023] 150 taxmann.com 41 (SC), also settle the law that it is only the 3 M.A.No.135/PUN./2023 “situs” of the Assessing Officer framing assessment which forms the determinative factor regarding territorial jurisdiction of the tribunal’s benches. 4. Faced with the situation, we note that tribunal’s Pune benches) have no jurisdiction to entertain the instant appeal. We accordingly reject the instant appeal as “returned” with liberty to be instituted afresh before appropriate bench(es) of the tribunal in very terms. We further make it clear that we have not adjudicated upon any of the issues raised in the instant appeal in law as well as on merits, whatsoever. Ordered accordingly. 5. This assessee’s miscellaneous application M.A.No.135/PUN./2023 of the assessee is allowed and it’s corresponding main appeal ITA.No.101/PUN./2022 is dismissed in above terms. A copy of this common order be placed in the respective case files. 6. This assessee’s appeal is dismissed in above terms. Order pronounced in the open Court on 17.05.2024. Sd/- Sd/- [DR. DIPAK P. RIPOTE] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 17 th May, 2024 VBP/- 4 M.A.No.135/PUN./2023 Copy to 1. The appellant 2. The respondent 3. The CIT(A), Pune-12, Pune 3. The Pr. CIT, Pune concerned 4. D.R. ITAT, “B” Bench, Pune. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.