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2015 (11) TMI 1073 - HC - Income TaxTerritorial jurisdiction to decide the appeal - Assessing Officer passed the assessment order based at Alwar and the first appeal was adjudicated by the CIT(A), Central Jaipur - Held that - The matter is no longer res integra. This Court in Commissioner of Income Tax (Central) Gurgaon v. M/s Parabolic Drugs Ltd. 2013 (1) TMI 565 - PUNJAB AND HARYANA HIGH COURT following its earlier Division Bench judgment in The Commissioner of Income Tax, Faridabad v. M/s Motorola India Ltd. 2007 (10) TMI 384 - PUNJAB & HARYANA HIGH COURT held that this Court had no territorial jurisdiction to decide the appeal when the order passed by the assessing authority was at Delhi. The present appeal is dismissed as this Court has no territorial jurisdiction to adjudicate upon the lis over an order passed by the Assessing Officer at Alwar.
Issues involved:
1. Territorial jurisdiction of the court to decide the appeal. Analysis: The High Court was presented with an appeal by the revenue under Section 260A of the Income Tax Act, 1961, challenging the order passed by the Income Tax Appellate Tribunal. The substantial questions of law raised in the appeal included issues related to unexplained share capital, unexplained cash credit, reliance on inadmissible evidence, the burden of proof under Section 68 of the IT Act, and the legality of allowing relief based on a cross objection. The Tribunal had deleted the additions made by the assessing officer, prompting the revenue to file the appeal. The High Court considered the facts of the case, which involved a search and seizure operation under Section 132 of the Act, and subsequent assessments leading to the appeal. The primary issue before the High Court was the territorial jurisdiction of the court to decide the appeal. The court referred to previous judgments, including Commissioner of Income Tax (Central) Gurgaon v. M/s Parabolic Drugs Ltd. and The Commissioner of Income Tax, Faridabad v. M/s Motorola India Ltd., to establish that it lacked territorial jurisdiction over appeals when the assessing officer's order was from a different location. In this case, since the assessing officer was based in Alwar, the court determined that it did not have the jurisdiction to adjudicate on the matter. Consequently, the appeal was dismissed, and the revenue was directed to file before the appropriate court with jurisdiction. In conclusion, the High Court's judgment focused on the issue of territorial jurisdiction in deciding the appeal brought by the revenue under the Income Tax Act. The court's decision was based on established precedents and legal principles regarding jurisdiction, emphasizing the importance of filing appeals before the competent court based on the location of the assessing officer.
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