DCIT, Circle-1(1), Bhubanswar V. M/s. GRID Corporation of Orissa Limited, Bhubaneswar

ITA 328/CTK/2019

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax (DCIT), Corporate Circle - 1(1), Bhubaneswar against the GRID Corporation of Orissa Ltd. The appeal was against the order of the CIT(A)-1, Bhubaneswar, which deleted an addition of Rs.43,65,95,466 made under section 40(a)(ia) of the Income Tax Act, 1961 for the assessment year 2012-13. The revenue contended that the CIT(A) erred in deleting the addition despite the assessee's non-compliance with section 201(1) and Rule 31CACB. However, the Tribunal upheld the CIT(A)'s decision, referencing a previous decision in the assessee's own case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300271 (ITAT-CUTTACK)
• Duration Of Justice: 3 year(s) 4 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-02-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-02-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 14-10-2019
• Other Referred Cases: ITA No.149/CTK/2013
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 40(a)(ia); 201(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE AND ARUN KHODPIA, ACCOUNTANT MEMBER DCIT, Corporate Circle 1(1), Bhubaneswar. PAN/GIR No. (Appellant Per Bench This is CIT(A)-1, Bhubaneswar, assessment year 2. Shri M.K.Gautam, ld CIT DR appeared for the revenue and S/Shri Ved Jain/P.Venugopal Rao, ld ARs appeared for the assessee. 3. It was submitted by ld CIT DR that the only issue in revenue’s appeal was against the actio Rs.43,65,95,466/ IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI GEORGE MATHAN, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.328/CTK/2019 Assessment Year : 2012-13 DCIT, Corporate Circle - 1(1), Bhubaneswar. Vs. GRID Corporation of O Ltd., Janapath, Bhubanesw PAN/GIR No.AABCG 5398 P (Appellant) .. ( Respondent Assessee by : S/Shri Ved Jain/P. Venugopal Rao, ARs Revenue by : Shri M.K.Gautam, Date of Hearing : 20/0 Date of Pronouncement : 20/0 O R D E R an appeal filed by the revenue against the order of the ld 1, Bhubaneswar, dated 18.7.2019 in Appeal No.0581/17 assessment year 2012-13. Shri M.K.Gautam, ld CIT DR appeared for the revenue and S/Shri Ved Jain/P.Venugopal Rao, ld ARs appeared for the assessee. It was submitted by ld CIT DR that the only issue in revenue’s appeal was against the action of the ld CIT(A) in deleting the addition of Rs.43,65,95,466/- made under section 40(a)(ia) of the Act Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER GRID Corporation of Orissa Ltd., Janapath, Bhubaneswar. Respondent) Ved Jain/P. Venugopal Rao, ARs M.K.Gautam, CIT DR 02/2023 /02/2023 against the order of the ld 18.7.2019 in Appeal No.0581/17-18 for the Shri M.K.Gautam, ld CIT DR appeared for the revenue and S/Shri Ved Jain/P.Venugopal Rao, ld ARs appeared for the assessee. It was submitted by ld CIT DR that the only issue in revenue’s appeal n of the ld CIT(A) in deleting the addition of made under section 40(a)(ia) of the Act despite the fact ITA No.328/CTK/2019 Assessment Year : 2012-13 Page2 | 3 that the assessee failed to comply with the provisions of section 201(1) of the Income Tax Act, 1961 read with Rule 31CACB of the Income Tax Rules, 1962. 4. Ld CIT DR submitted that the certificate mentioned in pages 6 being the certificate dated 28.3.2018 had not been produced before the Assessing Officer. It was the submission that consequently, this issue is liable to be restored to the file of the AO for fresh adjudication. 5. We have considered the rival submissions. We find no merits in the submission of ld CIT DR insofar as the ground raised by the revenue does not contain anything regarding violation of Rule 46A of the I.T.Rules, 1962. This being so, it is noticed that the ld CIT(A) has followed the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case dated 7.1.2016 in ITA No.149/CTK/2013 for the assessment year 2009-10 in deleting the addition made by the Assessing Officer. We find no reason to interfere with the order of the ld CIT(A) and accordingly, uphold the same. 6. In the result, appeal of the revenue stands dismissed. Order dictated and pronounced in the open court on 20/02/2023. Sd/- sd/- (Arun Khodpia) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 20/02/2023 B.K.Parida, SPS (OS) ITA No.328/CTK/2019 Assessment Year : 2012-13 Page3 | 3 Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : DCIT, Corporate Circle - 1(1), Bhubaneswar 2. The Respondent: GRID Corporation of Orissa Ltd., Janapath, Bhubaneswar 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT-1, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//