ODISHA COAL AND POWER LIMITED,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANESWAR

ITA 112/CTK/2026Status: DisposedITAT Cuttack09 September 2026AY 2018-20195 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the PCIT improperly invoked Section 263 powers to impose her opinion on an issue already examined by the Assessing Officer. The PCIT's attempt to modify the Tribunal's earlier direction was also deemed impermissible.

What were the facts?

The assessee, a Government of Odisha undertaking, claimed carry forward of unabsorbed depreciation loss. The PCIT invoked revisionary powers under Section 263 against the Assessing Officer's order giving effect to a previous Tribunal order, stating the Assessing Officer failed to properly examine the depreciation claim.

What were the issues?

Whether the PCIT correctly invoked revisionary powers under Section 263 when the Assessing Officer had already given effect to a Tribunal's order on the depreciation claim.

Which sections of the Income-tax Act were involved?

Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI GOPALAN GURUSAMY

Hearing: 09/09/2026Pronounced: 09/09/2026

Per George Mathan, JM: This is an appeal filed by the assessee against the order of the PCIT-1, Bhubaneswar [hereinafter referred to as the ‘CIT(A)’] in revision no.PCIT, Bhubaneswar-1/Revision-263/100000787810 dated 02.12.2025 for the assessment year 2018-19. 2. Shri B. K. Mahapatra, AR appeared on behalf of the assessee and Shri Jeetendra Kumar, CIT D.R. represented on behalf of the revenue. The assessee has sought adjournment.

3.

The adjournment request is rejected as the reasons given are n

The order continues below.

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