Krishi Upaj Mandi Samiti vs Income Tax Officer

This assessee’s appeal for assessment year 2006-07, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)-1, Gurugram’s order dated 24.02.2026 having DIN and order no. ITBA/APL/S/250/2025-26/1086439424(1), dated 24.02.2026 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.

It emerges at the outset during the course of hearing that there arises the first and fundamental issue of this tribunal’s Delhi benches’ jurisdiction itself since the Income Tax Officer, Ward-2(1), Ujjain had framed the impugned assessment in assessee’s case on 14.11.2008 followed by the appeal migrated to the NFAC.

Faced with this situation, I hereby quote this Tribunal’s STANDING ORDER UNDER INCOME TAX APPELLATE TRIBUNAL RULES, 1963 settling the instant issue of territorial jurisdiction of various Benches as per “location of the office of the Assessing Officer” in para 4 thereof. I also deem it appropriate to refer hon’ble apex court’s recent landmark decision in PCIT Vs. ABC Papers Ltd. (2022) 447 ITR 1 (SC), settling the issue that it is only the “situs” of the Assessing Officer framing assessment which forms the decisive factor for the purpose of determining territorial jurisdiction.

Needless to mention, I wish to clarify here that this Tribunal’s forgoing STANDING ORDER applicable with effect from 1^st November, 1997 has verbatim adopted the “situs” of the Assessing Officer framing assessment and, therefore, I conclude that their lordships’ detailed analysis would apply mutatis mutandis herein as well.

I accordingly conclude that Income Tax Appellate Tribunal’s Delhi benches do not have territorial jurisdiction to decide the assessee’s instant appeal, subject to a rider that it shall indeed be at liberty to institute a fresh appeal, if so advised, before the appropriate benches and delay caused therein as on date, shall stand condoned.

This assessee’s appeal is dismissed in above terms.