9911796707
TMI Blog2016 (2) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... x Appellate Tribunal, Amritsar Bench, Amritsar (in short, "the Tribunal") in ITA No.1486(AHD)/2005 for the assessment year 2001-02 claiming following substantial questions of law:- "i) Whether on the facts and circumstances of the case, the Appellate Tribunal is right in law in deleting the addition of Rs. 1,67,62,538/- made by the Assessing Officer and confirmed by the Appellate Commissioner on account of unexplained peak credit in the books of account? ii) Whether on the facts and circumstances of the case, the Appellate Tribunal is right in law in remitting the issue of addition of Rs. 21,36,131/- on account of suppression of commission income made by the Assessing Officer and confirmed by the Appellate Commissioner to the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004, Annexure A.1. The Assessing Officer also directed initiation of penalty proceedings under Section 271(1)(c) of the Act. The following additions were made by the Assessing Officer :- a) Addition on account of Peak Credit :Rs. 1,67,62,538/- b)Addition on account of suppression of commission income Rs. 21,36,131/- Aggrieved by the order, the assessee filed appeal before the Commissioner of Income tax (Appeals;)-I [CIT(A)] Surat. Vide order dated 30.3.2005, Annexure A.2, the appeal was dismissed. The assessee filed appeal before the Tribunal at Ahmedabad. Later on, since the assessee transferred its head office at Amritsar, the said appeal was transferred to the Income Tax Appellate Tribunal, Amritsar. Vide order dated 29.5.2009, Annex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sought to justify the filing of the appeal in this Court on the ground that the assessee respondent had requested for transfer of the case from Bangalore to Gurgaon on 02.01.2002 and the case was transferred from Bangalore to Gurgaon on 20.05.2005 under Section 127 of the Act. The Division Bench of this Court, while repelling the aforesaid contention had noticed as under: "The decision of the High Courts are binding on the subordinate Courts and authorities or Tribunals under its superintendence throughout the territory in relation to which it exercises jurisdiction but it does not extend beyond its territorial jurisdiction. In other words, the decision of one High Court is not a binding precedent for another High Court or for Courts or T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one Assessing Officer subordinate to a Director General or Chief Commissioner or Commissioner to an Assessing Officer who is not subordinate to the same Director General, Chief Commissioner or Commissioner. The aforementioned situation and the definition of expression 'case' in relation to jurisdiction of an Assessing Officer is quite understandable but it has got nothing to do with the territorial jurisdiction of the Tribunal or High Courts merely because Section 127 of the Act dealing with transfer has been incorporated in the same chapter. Therefore, the argument raised is completely devoid of substance and we have no hesitation to reject the same. In view of the above, the appeal is dismissed by sustaining the preliminary obj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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