PDKV RESEARCH AND INCUBATION FOUNDATION,AKOLA vs. CIT, EXEMPTION, AKOLA

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ITA 832/PUN/2023Status: DisposedITAT Pune15 April 2024Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI GD PADMAHSHALI (Accountant Member)3 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Pune bench lacked territorial jurisdiction to entertain the appeal, as the assessee's location and assessment jurisdiction fall under the purview of the Nagpur bench.

What were the facts?

The assessee, based in Akola and assessed at Nagpur, filed an appeal against the CIT(Exemptions), Pune's order refusing Section 80G registration. The appeal was filed before the ITAT Pune bench.

What were the issues?

The primary issue was whether the ITAT Pune bench had the territorial jurisdiction to hear an appeal pertaining to an assessee assessed in Nagpur and aggrieved by an order passed in Pune.

Which sections of the Income-tax Act were involved?

Section 80G

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE “B” BENCH : PUNE : [VIRTUAL HEARING]

Before: SHRI SATBEER SINGH GODARA & SHRI GD PADMAHSHALI,

Hearing: 14.03.2024Pronounced: 15.04.2024

ORDER PER SATBEER SINGH GODARA, J.M. :

This assessee’s appeal I.T.A.No.832/PUN./2023, arise against the order of the Commissioner of Income Tax (Exemptions), Pune’s Din & notice no. ITBA/EXM/F/EXM45/2022-23/1051695817(1) dated 30.03.2023, refusing sec.80G registration. Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte. We have heard the learned CIT- DR’s vehement submissions during the course of hearing.

2 I.T.A.No.832/PUN./2023

2.

It emerges at the very outset that the assessee herein is based at Akola, Maharashtra. And that it is assessed at Nagpur by the learned ITO, Ward-1 (Exemption), Nagpur as per the information gathered in the case files. This is indeed coupled with the fact that the assessee is aggrieved against the learned CIT(E) orders refusing sec.80G registration which have been passed at Pune. This being the clinching factual position, we are of the view that this tribunal’s Pune benches at Pune have no jurisdiction to entertain the instant appeal going by the Standing Order no.1/1987 dated 17.07.1987 notifying the territorial jurisdiction of various benches in tribunal. As per the foregoing notification, the tribunal’s Nagpur Bench, Nagpur only is vested with the territorial jurisdiction to entertain the assessee’s instant appeal. We accordingly reject the assessee’s appeal “as returned” with liberty to be instituted afresh as per law in very terms.

All other pleadings on merits stand render academic.

This assessee’s appeal I.T.A.No.832/PUN./2023 is 3. rejected “as returned” in above terms.

Order pronounced in the open Court on 15.04.2024.

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