DCIT, CIRCLE-1(1), BHUBANSWAR vs. M/S. GRID CORPORATION OF ORISSA LIMITED, BHUBANESWAR

PDF · subscribers
ITA 328/CTK/2019Status: DisposedITAT Cuttack20 February 2023AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no merit in the revenue's submission as the grounds of appeal did not mention violations of Rule 46A. The CIT(A) had followed a co-ordinate bench decision in the assessee's own case, which the Tribunal upheld.

What were the facts?

The revenue appealed against the CIT(A)'s deletion of an addition made under Section 40(a)(ia). The revenue argued that the assessee failed to comply with Section 201(1) and Rule 31CACB, and a certificate was not produced before the AO.

What were the issues?

Whether the deletion of addition under Section 40(a)(ia) by the CIT(A) was justified despite alleged non-compliance with Section 201(1) and related rules.

Which sections of the Income-tax Act were involved?

Section 40(a)(ia),Section 201(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,

Before: ARUN KHODPIA & ARUN KHODPIA & ARUN KHODPIA

For Appellant: Shri Ved Jain/P. Venugopal Rao, ARs
For Respondent: Shri M.K.Gautam
Hearing: 20/0Pronounced: 20/0

IN THE INCOME TAX APPELLATE TRIBUNAL, 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 AND ARUN KHODPIA, ACCOUNTANT MEMBER Assessment Year : 2012-13 DCIT, DCIT, Corporate Circle Corporate Circle - Vs. GRID Corporation of O GRID Corporation of Orissa 1(1), Bhubaneswar. 1(1), Bhubaneswar. Ltd., Ltd., Janapath, Janapath, Bhubanesw Bhubaneswar. PAN/GIR No. PAN/GIR No.AABCG 5398 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee by : S/Shri Ved Jain/P. Venugopal Rao, ARs Ved Jain/P. Venugopal Rao, ARs Revenue by : Shri M.K.Gautam, M.K.Gautam, CIT DR Date of Hearing : 20/0 02/2023 Date of Pronouncement : 20/0 /02/2023 O R D E R Per Bench

This is an appeal filed by the revenue against the order of the ld against the order of the ld CIT(A)-1, Bhubaneswar, 1, Bhubaneswar, dated 18.7.2019 in Appeal No.0581/17 18.7.2019 in Appeal No.0581/17-18 for the assessment year assessment year 2012-13.

2.

Shri M.K.Gautam, ld CIT DR appeared for the revenue and S/Shri Ved Shri M.K.Gautam, ld CIT DR appeared for the revenue and S/Shri Ved 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. Jain/P.Venugopal Rao, ld ARs appeared for the assessee. 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 It was submitted by ld CIT DR that the only issue in revenue’s appeal It was submitted by ld CIT DR that the only issue in revenue’s appeal was against the actio was against the action of the ld CIT(A) in deleting the addition of n of the ld CIT(A) in deleting the addition of Rs.43,65,95,466/ Rs.43,65,95,466/- made under section 40(a)(ia) of the Act made under section 40(a)(ia) of the Act despite the fact

P a g e 1 | 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 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.

More judgments on Section 40(a)(ia)

All 7,300 judgments and leading authorities on Section 40(a)(ia) →

Recent GST High Court judgments

Search GST case law →