2015 (3) TMI 1313 - HC - Income Tax

Transfer of case u/s 127 - Whether jurisdiction of the Bench of the Income Tax Appellate Tribunal had to be determined by the place of business or residence of the assessee? - Held that - In the present case the office of the Assessing Officer is situate at Jhunjhunu and thus the Jaipur Bench of the Income Tax Appellate Tribunal had the jurisdiction to decide the Appeal. The orders of the Assessing Authority and Appellate orders have merged in the order of the Income Tax Appellate Tribunal at Jaipur and thus the Jaipur Bench of Rajasthan High Court has the jurisdiction to entertain and decide the Appeal under Section 260A of the Act.

Summary

Issues:
Jurisdiction of Income Tax Appellate Tribunal, Transfer of Appeal to Principal Seat of High Court

Jurisdiction of Income Tax Appellate Tribunal:
The case involved an appeal filed by the Commissioner of Income Tax, Jaipur-III, challenging an order passed by the Income Tax Appellate Tribunal, Jaipur Bench, for the Assessment Years 2008-09, 2009-10, and 2009-10. The jurisdiction of the Tribunal was determined by the Standing Orders issued under the Income Tax (Appellate Tribunal) Rules, 1963. The Rules specified the jurisdiction of Jaipur Bench and Jodhpur Bench based on the districts in Rajasthan. It was argued that the jurisdiction of the Bench is determined by the location of the office of the Assessing Officer and not by the place of business or residence of the assessee. The Tribunal's order merged the orders of the Assessing Authority and Appellate orders. The judgment cited a case from the Patna High Court, Ranchi Bench, to support the principle of merger in such situations.

Transfer of Appeal to Principal Seat of High Court:
The respondent-assessee had applied to transfer the matter to the Principal Seat of Rajasthan High Court at Jodhpur, citing a pending question on jurisdiction in a similar case at the High Court in Jodhpur. However, the Court rejected the transfer application, emphasizing that the Jaipur Bench of the Rajasthan High Court had the jurisdiction to entertain and decide the appeal under Section 260A of the Income Tax Act. The judgment clarified that the office of the Assessing Officer being in Jhunjhunu meant that the Jaipur Bench had the jurisdiction to hear the appeal, and the application for transfer was consequently rejected.

In conclusion, the High Court upheld the jurisdiction of the Jaipur Bench of the Income Tax Appellate Tribunal to decide the appeal and rejected the application to transfer the matter to the Principal Seat of Rajasthan High Court at Jodhpur. The judgment provided a detailed analysis of the jurisdictional rules governing the Tribunal and emphasized the importance of the location of the Assessing Officer's office in determining jurisdiction.