PARADEEP PHOSPHATES LIMITED,BHUBANESWAR vs. PRINCIPAL CIT-1, BHUBANESWAR
What did the Tribunal hold?
The Tribunal declined to interfere with the Pr. CIT's order, noting that a consequential order had been passed and the assessee was already appealing it. The Tribunal's decision could prejudice the pending appeal before the CIT(A).
What were the facts?
The assessee initially claimed investment allowance and additional depreciation, then filed a revised return claiming deduction under Section 35AD. The Assessing Officer denied the Section 35AD claim but allowed the initial claims. The Pr. CIT revised this order, holding it erroneous as the assessment considered a revised return where those claims were absent.
What were the issues?
Whether the Pr. CIT's revisionary order under Section 263 was justified when a consequential order was already passed and under appeal. The issue also involves the validity of considering claims made in an original return when a revised return was filed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Goetze (India) Ltd. v. CIT1,842 citing284 ITR 323 · 2006 · SC
- Dhampur Sugar Mills Ltd. v. CIT56 citing90 ITR 236 · 1973 · HC
Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL,
Before: ARUN KHODPIA & ARUN KHODPIA & ARUN KHODPIA
This is an appeal filed by the assessee ag This is an appeal filed by the assessee against the order of the ld Pr. ainst the order of the ld Pr. CIT, Bhubaneswar CIT, Bhubaneswar-1, passed u/s.263 of the Act dated dated 15.3.2021 in Appeal No.ITBA/REV/F/REV5/2020 ITBA/REV/F/REV5/2020-21/1031487216(1) for the assessment year for the assessment year 2016-17.
Shri B.K.Mahapatra, CA appeared for the assessee and Shri Shri B.K.Mahapatra, CA appeared for the assessee and Shri Shri B.K.Mahapatra, CA appeared for the assessee and Shri M.K.Gautam, ld CIT DR appeared for the revenue. M.K.Gautam, ld CIT DR appeared for the revenue.
P a g e 1 | 5
It was submitted by ld AR that the assessee company had started a new unit for manufacture of fertilizers. It was the submission that the original return of income was filed on 29.11.2016, wherein, the assessee had claimed investment allowance u/s 32AC and the additional depreciation. It was the submission that subsequently, it was noticed that the assessee is entitled to the benefit of deduction u/s.35AD and consequently, the assessee had filed the revised return, wherein, the assessee had made its claim u/s.35AD instead of investment allowance u/s.32AC and the additional depreciation. It was the submission that the Assessing Officer while completing the assessment considered the revised return and denied the assessee the claim of deduction u/s.35AD. It was the submission that however, the Assessing Officer allowed the assessee the claim of deduction in respect of investment allowance u/s.32AC and the additional depreciation. It was the submission that the assessment order passed u/s.143(3) on 18.12.2018 was revised by the Pr. CIT by invoking his powers u/s.263 by holding that the assessment order passed by the Assessing Officer on 18.12.2018 was erroneous and prejudicial to the interest of the Revenue insofar as the Assessing Officer considered the revised return when completing the assessment, wherein, there was no claim of deduction of investment allowance u/s.32AC nor the claim of additional depreciation. It was the submission that consequently granting of the investment allowance and the additional depreciation was held to be erroneous and P a g e 2 | 5 prejudicial to the interest of the revenue. It was the submission that the assessee had, in the course of assessment proceedings, made an alternate claim of deduction u/s.32AC and the additional depreciation, as the assessee’s claim for deduction u/s.35AD had been denied by the Assessing Officer. It was the submission that the assessee was entitled to the deduction u/s.32AC and the additional depreciation insofar as the assessee had complied with the requirements for the said claim. It was the submission that the order passed u/s.263 is liable to be quashed. On a specific query by the Bench, what has happened to the consequential order passed as a consequence to the revisionary order u/s.263 of the Act, it was submitted that the Assessing Officer has completed the consequential order withdrawing the benefit of section u/s.32AC and the additional depreciation granted to the assessee. It was the submission that the assessee is in appeal against the said consequential order before the ld CIT(A).
In reply, ld CIT DR submitted that in view of the decision of the Hon’ble Allahabad High Court in the case of Dhampur Sugar Mills Ltd vs CIT (1973) 90 ITR 236 (All), wherein, it has been held that when a revised return has been filed, the effective return for the purpose of assessment is revised return and the original return stands effaced, the assessee though entitled to the claim of deduction u/s.32AC and the additional depreciation, could not be granted the same, as the assessee has not claimed deduction in its return which was considered for the purpose of assessment. He
P a g e 3 | 5 vehemently supported the order of the Pr. CIT. It was the submission that the order passed u/s.263 of the Act is liable to be confirmed.
We have considered the rival submissions. Without going into the merits of the allowance of deduction u/s.32AC and the additional depreciation as also without going into the merits as to whether it is revised return that is to be considered or whether it is original return that is to be considered, nor going into the principles of the decision of the Hon’ble Supreme Court in the case of Goetze (India) Ltd. vs CIT, 284 ITR 323 (SC), as it is noticed that the consequential order to the order passed u/s.263 has already been passed and the assessee is in appeal against the said order, we are of the view that our findings here could prejudice the mind of the ld CIT(A) and consequently, we decline to interfere with the order passed u/s.263 by the Pr. CIT.
In the result, appeal filed by the assessee stands dismissed.
Order dictated and pronounced in the open court on 15/02/2023.
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