Pr. Commissioner of Income-tax-5, Bangalore / The Assistant Commissioner of Income-tax, Circle-11, Pune (Now Jurisdiction of the Assessing Officer lies with: JCIT, SR-5, Bengaluru) v. Ocwen Financial Solutions Private Limited
[Citation -2020-LL-0113-83]

Citation 2020-LL-0113-83
Appellant Name Pr. Commissioner of Income-tax-5, Bangalore / The Assistant Commissioner of Income-tax, Circle-11, Pune (Now Jurisdiction of the Assessing Officer lies with: JCIT, SR-5, Bengaluru)
Respondent Name Ocwen Financial Solutions Private Limited
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 13/01/2020
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags territorial jurisdiction
Bot Summary: Respondent This Appeal is filed under Section 260-A of the Income Tax Act, 1961 praying to decide the foregoing question of law and/or such other questions of law as may be formulated by the Hon ble Court as deemed fit. Set aside the appellate order dated:21/01/2019 passed by the Income Tax Appellate Tribunal, B Bench, Pune, as sought for, in the respondent-assessee s case, in appeal proceedings No.ITA No.2669/PUN/2016 for A.Y.2012-2013 and grant such other relief as deemed fit. This Appeal coming on for Orders, this day, ALOK ARADHE, J., delivered the following: JUDGMENT Office has raised an objection with regard to maintainability of this appeal, on the ground of jurisdiction. 321/2019 has already held that, this Court has no territorial jurisdiction to entertain the appeal. For the reasons aforesaid in the aforesaid judgment, we are inclined to dispose of this appeal with liberty to the appellants to file the same before the Bombay High Court. Needless to state that the period spent by the appellants before this Court in prosecuting the appeal shall be excluded for the purposes of computation of limitation in view of the principle contained in Section 14 of the Limitation Act, 1963. With the aforesaid liberty, the appeal is disposed of.


IN HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS 13TH DAY OF JANUARY, 2020 PRESENT : HON BLE MR.JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE RAVI V. HOSMANI I.T.A.No.451 OF 2019 BETWEEN: 1. Pr. Commissioner of Income Tax -5, BMTC Complex, Koramangala, Bangalore. 2. Assistant Commissioner of Income Tax, Circle-11, Pune, (now jurisdiction of assessing Officer lies with:JCIT, SR-5, Bengaluru). Appellants (By Sri. Sanmathi E.I., Advocate) AND: M/s. Ocwen Financial Solutions Private Limited, Pritech Park, Block-12, Unit-2, 5B & 6A Floors, Bellandur Village, 2 Sarjapur, Marathahalli Ring Road, Bangalore-560 103. Respondent This Appeal is filed under Section 260-A of Income Tax Act, 1961 praying to (1) decide foregoing question of law and/or such other questions of law as may be formulated by Hon ble Court as deemed fit. (2) Set aside appellate order dated:21/01/2019 passed by Income Tax Appellate Tribunal, B Bench, Pune, as sought for, in respondent-assessee s case, in appeal proceedings No.ITA No.2669/PUN/2016 (Annexure-A) for A.Y.2012-2013 and grant such other relief as deemed fit. This Appeal coming on for Orders, this day, ALOK ARADHE, J., delivered following: JUDGMENT Office has raised objection with regard to maintainability of this appeal, on ground of jurisdiction. 2. bench of this Court by judgment dated 11-12-2019 passed in I.T.A.No.321/2019 has already held that, this Court has no territorial jurisdiction to entertain appeal. 3 3. For reasons aforesaid in aforesaid judgment, we are inclined to dispose of this appeal with liberty to appellants to file same before Bombay High Court. Needless to state that period spent by appellants before this Court in prosecuting appeal shall be excluded for purposes of computation of limitation in view of principle contained in Section 14 of Limitation Act, 1963. 4. Certified copy of order passed by Income Tax Appellate Tribunal be returned to learned counsel for Revenue on substitution thereof by photocopy. With aforesaid liberty, appeal is disposed of. Sd/- JUDGE Sd/- JUDGE BMV* Pr. Commissioner of Income-tax-5, Bangalore / Assistant Commissioner of Income-tax, Circle-11, Pune (Now Jurisdiction of Assessing Officer lies with: JCIT, SR-5, Bengaluru) v. Ocwen Financial Solutions Private Limited
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