Principal Commissioner Income Tax Surat-1 v. M/S. Divine Light Finance Ltd

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 166 of 2020 ========================================================== PRINCIPAL COMMISSIONER INCOME TAX SURAT-1 VersusM/S. DIVINE LIGHT FINANCE LTD. ========================================================== Appearance: MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1 for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATHandHONOURABLE MR. JUSTICE J.B.PARDIWALA Date : 10/09/2020 ORAL ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA) 1.This appeal under Section 260A of the Income Tax Act, 1961 (for short “the Act, 1961”) is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Kolkata dated 19[th] February, 2019 in the ITA No.1591/Kol/2019 for the A.Y. 2014-15. The Revenue has proposed the following questions of law for the consideration of this Court; "(i)That in the circumstances of the case and in law, the Hon'ble Tribunal committed error of law in quashing the assessment order ignoring the established legal position that assessee has not challenged the jurisdiction either before the Assessing Officer or the Ld. CIT (A) and thus having submitted to the jurisdiction and w.r.t Sec. 292BB of the Act, the assessment Order holds (2014) 44 Taxmann.com 101[All], [2018] 94 taxmann.com 249 (Mad.) (ii)That in the circumstances of the case and in law, the Hon'ble Tribunal is not lawfully justified in quashing the assessment order on presumed lack of jurisdiction, ignoring that the assessee is not entitled to call in question the jurisdiction of Assessing Officer after the time limit specified in section 124(3) of Income Tax Act and in view of Sec.292BB of the Act?" 2.We take notice of the fact that the order impugned in this appeal has been passed by the Income Tax Appellate Tribunal of Kolkata. In such circumstances, we decline to entertain this tax appeal on the ground of territorial jurisdiction. It shall be open for the Revenue to avail appropriate legal remedy before the appropriate forum in accordance with law. 3.We dismiss this tax appeal with the aforesaid observations only on the ground of its maintainability without going into the merits of the questions of law raised by the Revenue. (VIKRAM NATH, CJ) (J. B. PARDIWALA, J) Vahid