2026 (3) TMI 1392

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....assessment dt. 05/03/2024 passed u/s 147 r.w.s. 144 of the Act by the National Faceless e-Asstt Centre, Delhi ['Ld. CPC' hereinafter] for assessment year 2015-16 ['AY' hereinafter]. 2. At the outset of hearing, the Ld. Robinson candidly submitted that, the assessee failed to file return and as per PAN data the assessee's address was D-121, 2nd Floor, Saket, New Delhi-110017. In the absence of return the assessee's case was reopened on the basis of information and in the event of failure on the part of assessee to explain nature & source of various financial transactions, the income was assessee to the best of judgement u/s 147 r.w.s. 144 of the Act by the NFeAC. However as per form 35 for the year under consideration the assessing office....

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.... as; "5. We are mindful to state here that, although certain benches of the Tribunal exercise its jurisdiction over more than one state, however the explanation 4 to Standing Order dt. 01/10/1997 issued under rule 4(1) of Income Tax Appellate Tribunal Rules, 1963 categorically prescribes that; the ordinary jurisdiction of the Tribunal should be based on the location of the Jurisdictional Assessing Officer. Reinforcing the above principle, the Hon'ble Supreme court by its judgement in 'PCIT Vs ABC Papers Ltd.' (supra), has put the issue of jurisdiction of appellate forum to rest by holding that, the 'situs of the assessing officer' is the only decisive key factor for determining the jurisdiction of appellate forum irrespective of an....