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2026 (9) TMI 1876

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.... Act"), for Assessment year 2013-14 and the assessee has filed the corresponding Cross Objection under section 253(4) of the Act. The impugned appellate proceeding arises from the assessment order dated 25.01.2017, passed by the Ld. DCIT, Corporate Circle 2(2), Chennai [in short, the "Ld. AO"], under section 143(3) r.w.s. 144C(3) of the Act for A.Y. 2013-14. 2. The brief facts, as culled out from the records, are that the assessee was engaged in the business of trading and marketing of fast-moving consumer goods. The assessee filed its return of income for A.Y. 2013-14 on 29.11.2013 declaring a loss of Rs. 12,42,83,192/-. During the relevant assessment year, the assessee had entered into specified domestic transactions ("SDTs") with its ....

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.... that the ordinary territorial jurisdiction of the Tribunal is determined with reference to the location of the office of the Assessing Officer who passed the assessment order. 4. The Ld. DR as well as the Ld. AR fairly accepted the direction of the Bench that, the assessment order in the present case having also been passed by the Ld. AO situated at Chennai, the Revenue's appeal as well as the assessee's Cross Objection may be filed before the appropriate Bench of the Tribunal having territorial jurisdiction. 5. We have heard the rival submissions and perused the material available on record. It is an undisputed fact that the assessment order dated 25.01.2017, from which the present proceedings ultimately emanate, was passed ....

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....over the Assessing Officer; corresponding liberty regarding condonation of the period spent prosecuting the proceedings before the Mumbai Bench was also preserved in accordance with law. 7. Respectfully following the aforesaid decision of the Coordinate Bench in ITA No.8224/Mum/2025 and CO No.41/Mum/2026 (supra), which is applicable on the issue of territorial jurisdiction, we dismiss the appeal filed by the Revenue as well as the Cross Objection filed by the assessee for want of territorial jurisdiction, without expressing any opinion on the merits of the respective grounds. 8. However, liberty is granted to the Revenue as well as the assessee to file the appeal and the Cross Objection, respectively, before the appropriate Bench of t....