Central Electricity Supply Utility of Orissa(CESU), BHUBANESWAR V. DCIT,Circle-1(`1), BHUBANESWAR

ITA 247/CTK/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5486 (ITAT-CUTTACK)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2018-2019
• Appeal Filed On: 28-05-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AKSHAYA KUMAR MOHAPATRA
• Keywords: Depreciation; Bad and doubtful debts
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE MANISH AGARWAL Central Electricity Supply Utility of Orissa (CESU), 2 floor, IDCO Tower, Janapath, Bhubaneswar. PAN/GIR No (Appellant Per Bench This is an appeal filed by the assessee against the ord u/s.263 of the Act Appeal No.PCIT,Bhubaneswar assessment year 2. Shri Akshaya Kumar Mohapatra, Shri Sanjay Kumar, ld CIT 3. It was submitted by ld AR that the original assessment order came to be passed u/s. 143(3) on 23.6.2021 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE SHRI GEORGE MATHAN, JUDICIAL AND MANISH AGARWAL, ACCOUNTANT MEMBER ITA No.247/CTK/2024 Assessment Year : 2018-19 Central Electricity Supply Utility of Orissa (CESU), 2 nd floor, IDCO Tower, Janapath, Bhubaneswar. Vs. Pr. CIT, Bhubaneswar. PAN/GIR No.AAAJC 0661 K (Appellant) .. ( Respondent Assessee by : Shri Akshaya Kumar Mohapatra, Revenue by : Shri Sanjay Kumar, CIT Date of Hearing : 30/0 Date of Pronouncement : 30/0 O R D E R This is an appeal filed by the assessee against the ord u/s.263 of the Act by the ld Pr. CIT, Bhubaneswar-1 PCIT,Bhubaneswar-1/Revision-263/100000454493/2023 f assessment year 2018-19. Akshaya Kumar Mohapatra, ld AR appeared for Sanjay Kumar, ld CIT DR appeared for the revenue. It was submitted by ld AR that the original assessment order came to be passed u/s. 143(3) on 23.6.2021. It was the submission that the Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER , ACCOUNTANT MEMBER Bhubaneswar.-1. Respondent) Akshaya Kumar Mohapatra, CA : Shri Sanjay Kumar, CIT DR 07/2024 /07/2024 This is an appeal filed by the assessee against the order passed 1 dated 30.3.2024 in 263/100000454493/2023 for the d AR appeared for the assessee and DR appeared for the revenue. It was submitted by ld AR that the original assessment order came to . It was the submission that the ITA No.247/CTK/2024 Assessment Year : 2018-19 Page2 | 3 assessment was completed under scrutiny assessment. It was the submission that the ld Pr. CIT, Bhubaenswar-1 has initiated proceedings u/s.263 of the Act, to which, the assessee had responded, wherein, it was categorically mentioned that the assessee has provided all the details before the Assessing Officer in the course of original assessment. It was the submission that still the Ld. Pr. CIT, Bhubaneswar-1 has directed the Assessing Officer to do re-verification and this is not permissible in the revisionary proceedings u/s.263 of the Act. 4. In reply, ld CIT DR vehemently supported the order of the ld Pr. CIT, Bhubaneswar-1. 5. We have considered the rival submissions. A perusal of the order passed u/s.263 by ld Pr. CIT, Bhubaenswar-1 clearly shows that one of the issues in the revisionary proceedings is the expenditure amounting to Rs.3.97 crores pertaining to earlier assessment year but paid during the relevant financial year. When this is considered with the issues which are mentioned in the assessment order, it clearly shows that this issue has not been considered by the Assessing Officer. Next issue raised is in regard to depreciation, which is admittedly not an issue which has been looked into by the Assessing Officer in the course of original assessment. Similar is with the proposals for bad debts and other issues which are raised by ld. Pr. CIT. The ld AR has not brought before us any evidences in the form of notice u/s.142(1) or notice u/s.143(2) calling for information by the ITA No.247/CTK/2024 Assessment Year : 2018-19 Page3 | 3 Assessing Officer nor produced before the Assessing Officer in the course of original assessment to substantiate his claim that the issues have already been considered by the Assessing Officer in the original assessment order. This being so, we are of the considered view that the order passed u/s.263, wherein, the ld. Pr. CIT has directed the Assessing Officer to verify the details produced by the assessee after affording adequate opportunity to substantiate his claim, is very much within the revisionary proceedings u/s.263 of the Act. 6. In the result, appeal of the assessee stands dismissed. Order dictated and pronounced in the open court on 30/07/2024. Sd/- sd/- (Manish Agarwal) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 30/07/2024 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : Central Electricity Supply Utility of Orissa (CESU), 2 nd floor, IDCO Tower, Janapath, Bhubaneswar 2. The Respondent: Pr. CIT, Bhubaneswar.-1. 3. DR, ITAT, 4. Guard file. //True Copy//