M/s. Odisha Hydro Power Corporation Ltd., Bhubaneswar V. DCIT, Circle-1(1), Bhubaneswar

ITA 454/CTK/2015

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4666 (ITAT-CUTTACK)
• Duration Of Justice: 6 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-06-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 10-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK श्री जाजज माथन, न्याययक सदस्य एवं श्री अरुण खोड़पऩया ऱेखा सदस्य के समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.454/CTK/2015 (नििाारण वषा / Asses s m ent Year :2006-2007) M/s Odisha Hydro Power Corporation Ltd., OSPHW C Building, Bhoi Nagar, Vani Vihar, Bhubaneswar-751002 P AN No. AAACO 2575 P ... ......... ..... A ssessee Versus DCIT, Circle-1(1), Bhubaneswar ... ......... ...... R evenue Shri Dillip Kumar Mohanty/Pradyumna Kumar Sahu/Sunima Panda, ARs for the assessee Shri M.K.Gautam, CIT-DR for the Revenue Date of Hearing : 22/06/2022 Date of Pronouncement : 22/06/2022 आदेश / O R D E R Per Bench : This is an appeal filed by the revenue against the order of the ld. CIT(A)-1, Bhubaneswar, dated 10.09.2015 passed in I.T.Appeal No.0012/14-15 for the assessment year 2006-2007. 2. It was submitted by the ld. AR that the only issue in assessee’s appeal was against reopening of the assessment. It was submitted that the original assessment came to be completed on 30.12.2008. It was the submission that the assessment was reopened by issuance of notice u/s.148 of the Act after recording reasons on 16.04.2013. It was the submission that the assessee had filed its objection to the reopening of ITA No.454/CTK/2015 2 the assessment and the same has not been disposed off. It was the submission that non-disposal of the objections filed by the assessee is in violation of the principle laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts (India) Ltd., reported in [2003] 259 ITR 19 (SC). 3. In reply, ld. CIT-DR submitted that he had no issue if the issue is restored to the file of AO for disposal of the objections raised by the assessee. 4. We have considered rival submissions. 5. A perusal of the assessment order, it is noticed that the ld. AO does not say in the assessment order that he has disposed off the objections raised by the assessee in respect of reopening of the assessment. In view of the principle of law laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts (India) Ltd. (supra), the assessment order is set aside and the issue is restored to the file of AO to dispose off first the objection filed by the assessee in respect of reopening of the assessment and then continue with the assessment. We further make it clear that all the legal issues are left open. 6. In the result, appeal filed by the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 22/06/2022. Sd/- (अरुण खोड़पऩया) (ARUN KHODPIA) Sd/- (जाजज माथन) (GEORGE MATHAN) ऱेखा सदस्य/ ACCOUNTANT MEMBER न्यानयक सदस्य / JUDICIAL MEMBER कटक Cuttack; ददनाांक Dated 22/06/2022 Prakash Kumar Mishra, Sr.P.S. ITA No.454/CTK/2015 3 आदेश की प्रनिलऱपप अग्रेपषि/Copy of the Order forwarded to : आदेशाि ु सार/ BY ORDER, (Assistant Registrar) आयकर अपीऱीय अधिकरण, कटक/ITAT, Cuttack 1. अऩीऱाथी / The Appellant- M/s Od isha H yd ro Po wer Corpo rat ion Ltd., OSPHW C Buildin g, Bhoi Na ga r, Vani V ihar, Bhubanes war-7510 02 2. प्रत्यथी / The Respondent- DCIT, Circle-1(1), Bhubaneswar 3. आयकर आय ु क्त(अऩीऱ) / The CIT(A), 4. आयकर आय ु क्त / CIT 5. पिभागीय प्रयतयनधध, आयकर अऩीऱीय अधधकरण, कटक / DR, ITAT, Cuttack 6. गार्ज पाईऱ / Guard file. सत्यापऩत प्रयत //True Copy//