9911796707
TMI Blog2025 (4) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-11 and 2012-13, respectively. 2. In both appeals, the Revenue has raised additional ground, vide application dated 07/01/2025, challenging the jurisdiction of the National Faceless Appeal Centre ("NFAC") in deciding the appeals by the assessee, which involve grounds pertaining to transfer pricing adjustments. 3. Since the issue raised by way of additional ground is a legal issue, which can be decided on the basis of the material available on record, therefore, the same is admitted in view of the ratio laid down by the Hon'ble Supreme Court in NTPC vs. CIT, reported in (1989) 229 ITR 383 (SC). Further, as the issue raised by the Revenue vide additional ground is a jurisdictional issue, which goes to the root of the matter, therefore, we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned CIT(A), NFAC, issued three notices, which were duly responded to by the assessee. Objecting to the additional ground raised by the Revenue, the learned AR submitted that a jurisdictional issue cannot be raised by the Revenue to the prejudice of the assessee, and the Revenue has to follow the prescribed procedure. The learned AR further submitted that the Revenue has made a full recovery of tax due, along with interest, on the additions made vide assessment order, and there is no outstanding demand in respect of the years under consideration. 6. We have considered the submissions of both sides and perused the material available on record. In the present case, the assessee is engaged in the business of stockbroking and is a member of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal Scheme, 2021, vide notification dated 28/12/2021. We find that vide Circular dated 06/10/2022, the CBDT clarified that all the appeals under section 246A and/or under section 248 of the Act, pending or instituted on or after 25/09/2020, shall be completed under the Faceless Appeal Scheme, 2021, except, inter-alia, the appeals against assessments and penalties involving arm's length price of international transaction or specified domestic transactions under Chapter-X of the Act. We find that vide the notification dated 13/10/2022, the CBDT directed that the Commissioner of Income Tax (Appeals), Mumbai shall exercise powers and perform the functions in respect of the appeals arising under section 246A and section 248 of the Act in all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available on record, can be raised at any stage of the proceedings. Thus, we do not find any embargo in the Act or the Rules, which prohibits the Revenue, being an Appellant before us, to raise any jurisdictional issue. Further, it is pertinent to note that even though the learned CIT(A) functions under the administrative control of the CBDT, Department of Revenue, Ministry of Finance, its orders are appealable at the instance of both the assessee as well as the Revenue before the Tribunal under the Act. At this stage, it is further pertinent to note that the Revenue is not challenging the improper exercise of jurisdiction by the AO/TPO, and rather it is challenging the improper exercise of jurisdiction by the learned CIT(A), NFAC, in pass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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