SUNIL BAJRANG MHETRE,VADODARA vs. ASSESSING OFFICER WARD 3(1)(4), AAYKAR BHAVAN VADODARA
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that its Delhi benches do not have territorial jurisdiction to decide the appeal. This is based on the situs of the Assessing Officer framing the assessment.
What were the facts?
The assessee's appeal for AY 2020-21 was filed before the Delhi benches of the ITAT. The original assessment was framed by the Assessing Officer in Vadodara, Gujarat.
What were the issues?
The primary issue was the territorial jurisdiction of the ITAT Delhi benches to hear an appeal when the assessment was framed by an officer located outside Delhi.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: SHRI SATBEER SINGH GODARA
आदेश / ORDER
This assessee’s appeal for assessment year 2020-21, arises
against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)-
New Delhi’s order dated 13.03.2026 having DIN and order no.
ITBA/NFAC/S/250/2025-26/1087306776(1), dated 13.03.2026
involving proceedings under section 147 r.w.s 144B of the
Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
ITA 5199/DEL/2026 SUNIL BAJRANG MHETRE
It emerges at the outset during the course of hearing that
there arises the first and fundamental issue of this tribunal’s
Delhi benches’ jurisdiction itself since the Income Tax Officer,
Ward-3(1)(4), Vadodara, had framed the impugned assessment in
assessee’s case on 26.11.2024 followed by the appeal migrated to
the NFAC.
Faced with this situation, I hereby quote this Tribunal’s
STANDING ORDER UNDER INCOME TAX APPELLATE TRIBUNAL
RULES, 1963 settling the instant issue of territorial jurisdiction of
various Benches as per “location of the office of the Assessing
Officer” in para 4 thereof. I also deem it appropriate to refer
hon’ble apex court’s recent landmark decision in PCIT Vs. ABC
Papers Ltd. (2022) 447 ITR 1 (SC), settling the issue that it is only
the “situs” of the Assessing Officer framing assessment which
forms the decisive factor for the purpose of determining territorial
jurisdiction.
Needless to mention, I wish to clarify here that this
Tribunal’s forgoing STANDING ORDER applicable with effect from
1st November, 1997 has verbatim adopted the “situs” of the
Assessing Officer framing assessment and, therefore, I conclude
ITA 5199/DEL/2026 SUNIL BAJRANG MHETRE
that their lordships’ detailed analysis would apply mutatis mutandis herein as well.
I accordingly conclude that Income Tax Appellate Tribunal’s
Delhi benches do not have territorial jurisdiction to decide the
assessee’s instant appeal, subject to a rider that it shall indeed be
at liberty to institute a fresh appeal, if so advised, before the
appropriate benches and delay caused therein as on date, shall
stand condoned.
This assessee’s appeal is dismissed in above terms.
Order pronounced in the open court on 7th July, 2026.
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 29th July, 2026. f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ
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