2012 (7) TMI 1037 - AT - Income Tax

Summary

Issues involved: Jurisdiction of the Tribunal based on the location of the Assessing Officer's office.

Summary:
The appeals were filed by the Revenue against the order of the ld. CIT(A) on various grounds. The preliminary objection raised during the hearing was regarding the jurisdiction of the Tribunal to hear the appeals. The ld. counsel for the assessee argued that the jurisdiction of the Tribunal depends on the location of the office of the Assessing Officer, not the place of business or residence of the assessee. The ld. D.R., however, contended that the jurisdiction was transferred to Kanpur, falling under the Lucknow Benches of the Tribunal. The Tribunal examined the standing orders and relevant judgments, emphasizing the location of the office of the Assessing Officer for determining jurisdiction.

In the case of CIT v. Digvijay Chemicals Ltd., the Delhi High Court held that the jurisdiction of the High Court depends on the location of the Assessing Officer's office. Similarly, the Punjab & Haryana High Court in CIT v. Motorola India Ltd. emphasized that the situs of the Assessing Officer determines the forum for appeal. In the present case, the Assessing Officer's office was in Delhi, establishing the jurisdiction of the Delhi Benches of the Tribunal. The order transferring jurisdiction to Kanpur was passed after the assessment order and appeal filing, leading to the dismissal of the appeals filed before the Lucknow Benches. The Tribunal granted the Revenue liberty to file the appeals before the Delhi Benches.

In conclusion, the appeals were dismissed due to lack of jurisdiction of the Lucknow Benches, with the option given to the Revenue to file the appeals before the Delhi Benches.