ODISHA HYDRO POWER CORPORATION LIMITED,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANESWAR

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ITA 362/CTK/2026Status: DisposedITAT Cuttack07 October 2026AY 2015-164 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal acknowledged that the assessment order was ex parte. Therefore, the issues in the appeal were restored to the file of the Assessing Officer for re-adjudication. The Assessing Officer was directed to grant the assessee an adequate opportunity of being heard to substantiate its case. The Tribunal did not decide on the merits of the MAT credit claim itself but rather on the procedural defect of the ex parte orders. The ratio decidendi is that ex parte orders, especially where substantial benefits like MAT credit are denied without proper hearing, should be set aside and restored for proper adjudication. The operative direction was to restore the matter to the Assessing Officer.

What were the facts?

The assessee, Odisha Hydro Power Corporation Limited, filed an appeal against the order of the NFAC, Delhi (CIT(A)) for Assessment Year 2015-16. The appeal arose from an ex parte assessment order and an ex parte order of the CIT(A). The assessee's primary contention was that the MAT credit of ₹18,55,92,711/- had not been granted. The assessee requested that the issues be restored to the Assessing Officer for re-adjudication to allow the benefit of MAT credit and other consequential deductions.

What were the issues?

1. Whether the Tribunal should restore the issues to the file of the Assessing Officer for re-adjudication, considering the assessment order and the CIT(A) order were ex parte? (Question of law and fact, relying on principles of natural justice and procedural fairness). Assessee's Contention: The assessment order and the CIT(A) order were ex parte. The MAT credit of ₹18,55,92,711/- was not granted. The matter should be restored to the Assessing Officer to grant the benefit of MAT credit and other deductions. Revenue's Contention: The ld. CIT-DR did not raise any serious objection to the assessee's submissions.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI GOPALAN GURUSAMY

Hearing: 07/10/2026Pronounced: 07/10/2026

Per Bench: This is an appeal filed by the assessee against the order of NFAC, Delhi [in short ‘CIT(A)] passed u/s 250 in Appeal No.NFAC/2014-15/10072208 dated 27/01/2026 for the assessment year 2015-16. 2

2.

Smt. Pramita Rout, Shri Dilip Ku. Mohanty & P. K. Sahoo, ARs represented on behalf of the assessee and Shri Ashis Chandra Mohanty, CIT-DR represented on behalf of the revenue.

3.

It was submitted by the ld. AR that admittedly, the assessment order and the order of the ld. CIT(A) are basically ex parte orders. It was the submission that the MAT credit is nerely 18,55,92,711/- has not been granted to the assessee. It was the submission that the issues may be restored to the file of the Assessing Officer so that the Assessing Officer can grant the assessee the benefit of the MAT credit and other deductions which are available as a consequence of order of Tribunal and Hon’ble High Court.

4.

In reply, the ld. CIT-DR did not raise any serious objection.

5.

We have considered the rival submissions. The assessee has filed its MAT credit entitlement which reads as follows:

3

5.

1 As the assessment order is an ex parte order, the issues in this appeal are restored to the file of the Assessing Officer for re- adjudication after granting the assessee adequate opportunity of being heard to substantiate its case.

4

6.

In the result, the appeal of the assessee is partly allowed for statistical purposes.

Order dictated and pronounced in the open court on 07/10/2026. GOPALAN GURUSAMY GEORGE MATHAN लेखा सदस्य/ACCOUNTANT MEMBER न्याधयक सदस्य/JUDICIAL MEMBER दिनाांक Dated 07/10/2026 RS आदेशकीप्रधतधलधपअग्रेधर्त/Copy of the Order forwarded to : 1. अपीलार्थी/ The Appellant 2. प्रत्यर्थी/ The Respondent- 3. आयकरआयुक्त(अपील) / The CIT(A), आयकरआयुक्त/ CIT 4. 5. दवभागीयप्रदतदनदि, आयकरअपीलीयअदिकरण, कटक / DR, ITAT, Cuttack 6. गार्डफाईल / Guard file.

आदेशािुसार/ BY ORDER,

सत्यादपतप्रदत ////

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