THE COMMISSIONER OF INCOME TAX vs. B S PANWAR (INDL.)
What did the High Court hold?
The Gujarat High Court held that it would not have jurisdiction to entertain the present Tax Appeal. Relying on decisions from the Delhi High Court in Sheth Banarsi Pass Gupta vs. CIT, Karnataka High Court in CIT vs. Madanlal Co., and Punjab and Hariyana High Court in CIT vs. Motoroal India Limited, the Court found that the appropriate High Court to entertain the appeal would be the Bombay High Court, given the location of the assessee's business and the Assessing Officer's office. Consequently, the appeal was dismissed on the ground of jurisdiction without entering into the merits of the case. Liberty was granted to the appellant to prefer an appeal before the Bombay High Court.
What were the facts?
The Commissioner of Income Tax, Valsad (appellant-revenue) filed a Tax Appeal before the Gujarat High Court challenging an order dated August 17, 2007, passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 93/AHD/2002 for Assessment Year 1994-95. The assessee, B.S. Panwar (Indl.), carried out business at Nani Daman, and the Assessing Officer's office was also situated there. The appeal was filed before the Gujarat High Court, which noted that the jurisdiction might lie with the Bombay High Court.
What were the issues?
1. Whether the Gujarat High Court has the jurisdiction to entertain the Tax Appeal, considering that the assessee's business and the Assessing Officer's office are located in Nani Daman? (Question of jurisdiction) Assessee's Contention: Not recorded. Revenue's Contention: Not recorded. However, the revenue's advocate was not in a position to dispute the High Court's lack of jurisdiction.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH)
Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal (hereinafter referred to as the “ITAT”) dated 17.08.2007 passed in ITA No.93/AHD/2002 for AY 199495, the appellantrevenue Commissioner of Income Tax, Valsad has preferred present Tax Appeal. O/TAXAP/1456/2008 JUDGMENT
At the outset, it is required to be noted that admittedly the office of the Assessing Officer was situated at Nani Daman and even the respondentassessee is also carrying out the business at Nani Daman. entering into the merits of the case and / or expressing anything on merits on the ground that against the impugned judgment and order passed by the learned ITAT, this Court would not have any juri iction. However, liberty is reserved in favour of the appellant to prefer appeal before the appropriate High Court i.e. in the present case Bombay High Court and as and when such proceedings are initiated, the same be considered in accordance with law and on merits. With this, present appeal is dismissed. (M.R.SHAH, J.) (R.D.KOTHARI, J.) Kaushik
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- M/S. Kalinga Paper Mart, Sundergarh vs. Commissioner Of CT And GST, CuttackOrissa · 15 Oct 2026
- Kabita Nayak vs. Chief Commissioner, CGST, Central Excise And Customs, KhurdaOrissa · 15 Oct 2026
- Swastika Ingot PVT.LTD, Sundargarh vs. The Addl Commissioner, GST And Central Excise, BhubaneswarOrissa · 15 Oct 2026
- M/S Basudev Logistics, Jagatsinghpur vs. Principal Commissioner, CGST And Central Excise, BhubaneswarOrissa · 15 Oct 2026