2025 (5) TMI 188

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....atch of three cases pertains to the single assessee herein, namely, The Bank of Tokyo-Mitsubishi Ltd. This assessee has filed its former appeal ITA No. 449/Kol/2001 for AY: 1997-98 against Commissioner of Income Tax (Appeals)-II, Kolkata's order dated 14.12.2000 passed in case no. 49/A-II/2000-01. The assessee's and Revenue's cross-appeals ITA No. 2558/Kol/2002 and 7324/Mum/2002 for AY: 1999-2000 are directed against the CIT(A), Kolkata's order dated 10.10.2002 passed in case no. 102/CIT(A)-XI, Intl. Taxation. Relevant proceedings in both these assessment years are under section 143(3) of the Income-tax Act, 1961 (in short 'the Act'). 2. Heard both the parties at length on the limited issue of territorial jurisdiction of the Delhi benche....

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....rst and fundamental issue of this tribunal's Delhi benches' jurisdiction itself since the learned Dy. Commissioner of Income Tax, Circle-8, Kolkata had framed the impugned assessments in assesee's case on 18.07.2008 followed by the CIT(A)-1 having passed his lower appellate order at New Delhi. 5. Faced with this situation, both the learned parties raised their vehement submissions that Income Tax Appellate Tribunal, Delhi Benches could very well decide the instant cases once they have transferred from Kolkata benches. 6. We find no merit in both the parties' foregoing unanimous stand in light of the clinching fact that the assessment herein had been framed at Kolkata (supra). We further wish to refer to this Tribunal STAND....

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....l. 9. We now left with the assessee's remaining twin cross appeals i.e. ITA No. 1161/Del/2016 for assessment year 2005-06 and ITA No. 225/Del/2017 for assessment year 2006-07 which also deserves to follow the aforesaid decision (supari) in the light of foregoing quantum developments in very terms. 10. To sum up, these assessee's two appeals and Revenue's four quantum cross appeals are dismissed in above terms. Copy of this common order be placed in the respective files." 6. We further made it clear to both the parties that the instant issue of this tribunal's territorial jurisdiction has recently been dealt with by their lordships in PCIT v. MSPL Ltd. [22023] 150 taxmann.com 41 (SC) as well. And that the said assessee h....