2024 (2) TMI 884 - AT - Income Tax

Revenue's Appeal Dismissed for Lack of Jurisdiction; 60 Days Granted to Refile Correctly for AY 1999-2000.

The ITAT Delhi dismissed the Revenue's appeal for Assessment Year 1999-2000 due to lack of territorial jurisdiction, aligning with the SC's decision in ... Maintainability of appeal before this Tribunal - As assessee submitted that the present Appeal is not maintainable before this Tribunal as the assessment order passed by the A.O. Circle-6, Kolkata and this Tribunal has no territorial jurisdiction over the matter. HELD THAT:- DR has also not disputed the above said fact and settled position of law. Considering the ratio laid down in the case of Balak Capital Pvt. Ltd. [2023 (1) TMI 75 - SC ORDER] and in view of the settled position of law, we dismiss the present appeal filed by the Revenue with a liberty to file an appeal within 60 days from the date of receipt of this order before the appropriate Jurisdictional Tribunal. Accordingly, the Appeal filed by the Revenue is dismissed with liberty. The Appellate Tribunal ITAT Delhi dismissed the Revenue's appeal against the order of the Commissioner of Income Tax for Assessment Year 1999-2000. The Tribunal lacked territorial jurisdiction over the matter, following the Supreme Court's decision in Commissioner of Income Tax Vs. Balak Capital Pvt. Ltd. The Revenue was given the liberty to file an appeal within 60 days before the appropriate Jurisdictional Tribunal.