M/S. POSCO INDIA PRIVATE LIMITED,BHUBANESWAR vs. PRINCIPAL CIT-1, BHUBANESWAR

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).

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.

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