AJAY LALCHAND BHANSALI,RAJKOT vs. ITO, WARD 1(2)(5), RAJKOT
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 the appeal, originating from an order by ITO Ward 1(2)(5), Rajkot (Gujarat), lacked jurisdiction as the Mumbai bench is not the jurisdictional bench for this ward.
What were the facts?
The assessee appealed against the order dated 05.01.2024, which upheld an addition of Rs. 2,50,000/- as unexplained income made by the Assessing Officer. The assessee did not appear for the hearing.
What were the issues?
Whether the Income Tax Appellate Tribunal, Mumbai Bench, has the jurisdiction to hear an appeal originating from the jurisdiction of ITO Ward 1(2)(5), Rajkot (Gujarat).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI
Before: SHRI NARENDER KUMAR CHOUDHRY & SHRI OMKARESHWAR CHIDARA
Per : Narender Kumar Choudhry, Judicial Member:
This appeal has been preferred by the Assessee against the order dated 05.01.2024, impugned herein, passed by the Ld. Addl./Joint Commissioner of Income Tax (Appeals) (in short “Ld. Addl./Joint Commissioner”) for the A.Y. 2017-18.
In the instant case, the Assessing Officer (AO) vide order dated 16.12.2019 u/s 143(3) under section 250 of the Income Tax Act, 1961 (in short ‘the Act’) has made the addition of Rs.2,50,000/- as unexplained income u/s 69A of the Act and taxed the same u/s 115BBE of the Act. The Assessee, being aggrieved, challenged the aforesaid addition before the Ld. Addl./Joint Commissioner, who vide impugned order affirmed the aforesaid addition, against which the Assessee is in appeal before us.
Despite sending notice for the date of hearing for today i.e. 21.08.2024, the Assessee neither appeared nor filed any adjournment application.
Considering the submission of the Ld. DR. that “the instant appeal emanates from assessment order dated 16.12.2019 passed by the AO i.e. ITO ward-(1)(2)(5), Rajkot (Gujarat) and therefore this court situated at Mumbai has no jurisdiction and consequently this appeal is liable to be dismissed", the instant appeal is dismissed for want of jurisdiction, however with liberty to the Assessee to file appropriate appeal before the Jurisdictional Bench of the Tribunal having jurisdiction over ITO ward Rajkot.
We clarify that the Assessee is not supposed to deposit the appeal fee again and he can avail benefit of appeal fees of Rs.10,000/-
already deposited for this appeal under consideration.
In the result, the Appeal filed by the Assessee stands dismissed
sans jurisdiction, however with liberty to file fresh appeal before the jurisdictional Bench of the Tribunal, in the aforesaid terms.
Order pronounced in the open court on 21.08.2024.
More judgments on Section 69A
- Vishal Kumar Patel(HUF), Raipur vs DCIT, Circle-1(1), RaipurITA 595/RPR/2026[2017-18]Status: Heard21 Oct 2026AY 2017-18
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026