M/S. POSCO INDIA PRIVATE LIMITED,BHUBANESWAR vs. PRINCIPAL CIT-1, BHUBANESWAR
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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: ARUN KHODPIA & ARUN KHODPIA
IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE BEFORE S/SHRI GEORGE MATHAN, JUDICIAL JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.144/CTK/2021 Assessment Year : 2015-16 M/s. POSCO India Pvt Ltd., M/s. POSCO India Pvt Ltd., Vs. Pr. CIT-1, Unit No.DCB 903, 9th floor, DLF Unit No.DCB 903, 9 Bhubaneswar Bhubaneswar Cybercity, Cybercity, IDCO IDCO Info Info Park, Park, Chandaka Chandaka Industrial Industrial Estate Estate Patia, Bhubaneswar. a, Bhubaneswar. PAN/GIR No. PAN/GIR No.AADCP 6735 B (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : Shri B.K.Mahapatra, CA B.K.Mahapatra, CA Revenue by : Shri M.K.Gautam, M.K.Gautam, CIT DR Date of Hearing : 21/0 02/2023 Date of Pronouncement : 21/02 2/2023 O R D E R Per Bench This is an appeal filed by the assessee against the order This is an appeal filed by the assessee against the order This is an appeal filed by the assessee against the order passed by the ld Pr. CIT-1, Bhubaneswar u/s.263 of the Act, dated 27.4.2020 Bhubaneswar u/s.263 of the Act, dated 27.4.2020 Bhubaneswar u/s.263 of the Act, dated 27.4.2020 in Appeal No. ITBA/COM/F/17/2020 ITBA/COM/F/17/2020-21/1026986591(1) for the assessment year for the assessment year 2015-16.
Shri B.K.Mahapatra, ld AR appeared for the assessee and Shri M.K.Gauta Shri B.K.Mahapatra, ld AR appeared for the assessee and Shri M.K.Gauta Shri B.K.Mahapatra, ld AR appeared for the assessee and Shri M.K.Gautam, ld CIT DR appeared for the revenue. ld CIT DR appeared for the revenue.
It was s It was submitted by ld AR that consequential order ubmitted by ld AR that consequential order giving effect to the order passed by the Pr. CIT u/s.263 has already been passed and the assessee is by the Pr. CIT u/s.263 has already been passed and the assessee is by the Pr. CIT u/s.263 has already been passed and the assessee is in appeal before the ld CIT(A). in appeal before the ld CIT(A).
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ITA No.144/CTK/2021 Assessment Year : 2015-16
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).
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 : 1. The Appellant : M/s. POSCO India Pvt Ltd., Unit No.DCB 903, 9th 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// By order
Sr.Pvt.secretary ITAT, Cuttack
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