ACIT CC 2(4) MUMBAI, MUMBAI vs. JYOTHY CONSUMER PRODUCTS MARKETING LIMITED, MUMBAI
What were the facts?
The assessee, engaged in FMCG trading, filed its return declaring a loss. The Assessing Officer (AO) made significant additions, including transfer pricing adjustments and sales promotion expenditure. The Commissioner (Appeals) provided relief, leading to appeals by both the Revenue and the assessee.
What did the Tribunal hold?
The Tribunal held that it lacked territorial jurisdiction as the assessment order was passed by an AO in Chennai, not Mumbai. Therefore, the appeal and cross-objection were dismissed on this technical ground.
What were the issues?
The primary issue was the territorial jurisdiction of the Income Tax Appellate Tribunal (Mumbai Bench) to hear appeals when the original assessment order was passed by an Assessing Officer located in a different jurisdiction (Chennai).
Which sections of the Income-tax Act were involved?
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Income Tax Appellate Tribunal, MUMBAI
Before: SHRI ANIKESH BANERJEE & MS. RATNA DASGUPTA
Heard together (2 matters)
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