Loading judgment…
No AI summary yet for this case.
Detected automatically from the text. The count shows how many other judgments on BharatTax rely on the same authority.
Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI
Before: Sh. Satbeer Singh Godara&
ORDER Per Satbeer Singh Godara, Judicial Member: These assessee’s three appeals 6213 & 6214/Del/2017 for Assessment Years 2008-09, 2009-10 & 2010- 11, arise against the CIT(A), Meerut’s in case Nos. 300, 301 & 302/2015-16, dated 21.09.2017, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”), appeal-wise; respectively.
Heard both the parties at length. Case files perused.
It emerges at the outset during the course of hearing that the assessee’s instant three appeals raise the first and foremost 6213 & 6214/Del/2017 Vanshika Motors (P) Ltd. issue of validity of the impugned “second” round assessments(s) itself framed by the learned ACIT, Circle-2, Meerut in furtherance to the tribunal’s remand directions dated 23.12.2014. As it is evident from a perusal of the case file, the assessee had admittedly declared/returned taxable income of Rs.15,00,000/- i.e. loss of Rs.2,66,088/- in it’s return filed on 14.09.2009.
Learned counsel further takes us to page 6 in the assessment order wherein the assessee had objected to the above Assessing Officer having assumed jurisdiction to frame assessment in it’s case. That being the case, we hereby quote CBDT landmark circular No. 1/2011 dated 31.01.2011 allocating jurisdiction to the “ITOs” only in municipal areas in those cases wherein the returned income was falling upto Rs.15,00,000/-.
The Revenue on the other hand vehemently argues that the learned Assessing Officer had rejected the assessee’s foregoing objections in his order sheet entry dated 18.03.2016 wherein once the assessee had declared loss of Rs.17,66,795/- in assessment year 2013-14.
We find no merit in the Revenue’s instant technical objection going by the assessee’s returned income figures; in 6213 & 6214/Del/2017 Vanshika Motors (P) Ltd. all these three cases, coming to less than Rs.15,00,000/- as it is evident from a combined perusal of the corresponding assessment orders. We thus accept it’s instant first and foremost legal ground going to the root of the matter to quash this assessee’s impugned assessment in light of Krishnendu Chowdhury vs. ITO (2017) 78 taxmann.com 89 (Cal.) for want of the Assessing Officer’s jurisdiction in very terms. Ordered accordingly.
All other pleadings on merits herein stand rendered academic.
These assessee’s three appeals i.e. 6213 & 6214/Del/2017 are allowed in above terms. A copy of this common order be placed in the respective case files. Order Pronounced in the Open Court on 20/03/2025.