M/s. POSCO India Private Limited, Bhubaneswar V. Principal CIT-1, Bhubaneswar

ITA 144/CTK/2021

AI Insights

This case involves an appeal by M/s. POSCO India Pvt Ltd. against an order passed by the Pr. CIT-1, Bhubaneswar under section 263 of the Income Tax Act, dated 27.4.2020, concerning the assessment year 2015-16. The appeal was heard by the Income Tax Appellate Tribunal, Cuttack Bench. The main legal issue was whether the tribunal should interfere with the Pr. CIT's order under section 263, given that the assessee had already appealed the consequential order to the CIT(A). The tribunal concluded that interfering at this stage could prejudice the CIT(A)'s decision-making process, leading to the dismissal of the appeal as infructuous.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113064 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-02-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 30-12-2021
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

BEFORE M/s. POSCO India Pvt Ltd., Unit No.DCB 903, 9 Cybercity, IDCO Info Park, Chandaka Industrial Estate Patia, Bhubaneswar. PAN/GIR No. (Appellant Per Bench This is an appeal filed by the assessee against the order Pr. CIT-1, Bhubaneswar u/s.263 of the Act, dated 27.4.2020 ITBA/COM/F/17/2020 2. Shri B.K.Mahapatra, ld AR appeared for the assessee and Shri M.K.Gauta ld CIT DR appeared for the revenue. 3. It was s order passed by the Pr. CIT u/s.263 has already been passed and the assessee is in appeal before the ld CIT(A). IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI GEORGE MATHAN, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.144/CTK/2021 Assessment Year : 2015-16 M/s. POSCO India Pvt Ltd., Unit No.DCB 903, 9 th floor, DLF Cybercity, IDCO Info Park, Chandaka Industrial Estate a, Bhubaneswar. Vs. Pr. CIT-1, Bhubaneswar PAN/GIR No.AADCP 6735 B (Appellant) .. ( Respondent Assessee by : Shri B.K.Mahapatra, CA Revenue by : Shri M.K.Gautam, Date of Hearing : 21/0 Date of Pronouncement : 21/02 O R D E R This is an appeal filed by the assessee against the order Bhubaneswar u/s.263 of the Act, dated 27.4.2020 ITBA/COM/F/17/2020-21/1026986591(1) for the assessment year Shri B.K.Mahapatra, ld AR appeared for the assessee and Shri M.K.Gauta ld CIT DR appeared for the revenue. It was submitted by ld AR that consequential order by the Pr. CIT u/s.263 has already been passed and the assessee is in appeal before the ld CIT(A). Page1 | 2 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER Bhubaneswar Respondent) B.K.Mahapatra, CA M.K.Gautam, CIT DR 02/2023 2/2023 This is an appeal filed by the assessee against the order passed by the ld Bhubaneswar u/s.263 of the Act, dated 27.4.2020 in Appeal No. for the assessment year 2015-16. Shri B.K.Mahapatra, ld AR appeared for the assessee and Shri M.K.Gautam, ubmitted by ld AR that consequential order giving effect to the by the Pr. CIT u/s.263 has already been passed and the assessee is ITA No.144/CTK/2021 Assessment Year : 2015-16 Page2 | 2 4. As it is noticed that the consequential order has already been passed giving effect to the order passed u/s.263 of the Act and the assessee has already opted for the alternate remedy of proceedings before the ld CIT(A), we feel that we should not interfere with the order passed by the ld Pr. CIT u/s.263 insofar as our view could prejudice the mind of the ld CIT(A). 5. In the result, appeal filed by the assessee stands dismissed as infructuous. Order dictated and pronounced in the open court on 21/02/2023. Sd/- sd/- (Arun Khodpia) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 21/02/2023 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : M/s. POSCO India Pvt Ltd., Unit No.DCB 903, 9 th floor, DLF Cybercity, IDCO Info Park, Chandaka Industrial Estate Patia, Bhubaneswar 2. The Respondent: Pr. CIT-1, Bhubaneswar 3. The CIT(A)-1, Bhubaneswar 4. DR, ITAT, Cuttack 5. Guard file. //True Copy//