THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
I.T.T.A.No.314 OF 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Ms. K.Mamata Choudary, learned Standing
Counsel, Income Tax Department appearing for the appellant.
2. Revenue is in appeal before us. This appeal has
been preferred under Section 260A of the Income Tax Act,
1961 (briefly, 'the Act' hereinafter) against the order dated
21.02.2022 passed by the Income Tax Appellate Tribunal,
Delhi Bench "E", New Delhi (Tribunal) in
I.T.A.No.970/Del./2021 for the assessment year 2011-2012.
3. Learned Standing Counsel submits that assessing
officer in this case is situated at Hyderabad. However, the
case was centralised at Delhi under Section 127 of the Act,
whereafter the matter proceeded to the Tribunal. Though the
assessment jurisdiction of the respondent/assessee has been
transferred back to the assessing officer at Hyderabad, the 2 HCJ & CVBRJ I.T.T.A.No.314 of 2022 related appeal before the Tribunal arose out of the order passed by the assessing officer at Delhi following centralisation of cases at Delhi.
4. In Principal Commissioner of Income Tax-I, Chandigarh v. ABC Papers Limited1, paragraph 45, Supreme Court has held that appeals against every decision of the Tribunal shall lie only before the High Court within whose jurisdiction the assessing officer who passed the assessment order is situated. Paragraph 45 reads as under:
"45. In conclusion, we hold that appeals against every decision of ITAT shall lie only before the High Court within whose jurisdiction the assessing officer who passed the assessment order is situated. Even if the case or cases of an assessee are transferred in exercise of power under Section 127 of the Act, the High Court within whose jurisdiction the assessing officer has passed the order, shall continue to exercise the jurisdiction of appeal. This principle is applicable even if the transfer is under Section 127 for the same assessment year(s)."
5. Since I.T.A.No.970/Del./2021 for the assessment year 2011-2012 arose out of the order passed by the 1 (2022) 9 SCC 1 3 HCJ & CVBRJ I.T.T.A.No.314 of 2022 assessing officer at New Delhi, being Assistant Commissioner of Income Tax, Central Circle - 26, New Delhi, the appeal under Section 260A of the Act against the order of the Tribunal dated 21.02.2022 would lie before the Delhi High Court.
6. We grant liberty to the appellant to file the appeal before the Delhi High Court.
7. Subject to the liberty granted above, the appeal is disposed of. However, there shall be no order as to costs.
8. Miscellaneous applications pending, if any, shall stand closed.
___________________________ UJJAL BHUYAN, CJ ___________________________ C.V.BHASKAR REDDY, J Date: 02.12.2022 KL