M/S.Oberon Edifices & Estates P. Ltd, Kochi vs. The Pr.CIT, Trivandrum
In the result, the appeal filed by the assessee is partly allowed for statistical purposes
ITA 361/COCH/2017[2013-14]Status: DisposedITAT Cochin23 Jul 2018AY 2013-14
Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No. 361/Coch/2017 Assessment Year : 2013-14 M/S. Oberon Edifices & Estates Vs. The Principal Commissioner Of Pvt. Ltd., Oberon Mall, Income-Tax, Trivandrum. Nh Bye-Pass, Edapally, Kochi-682 024. [Pan:Aaaco 7942E]
Section 263
…al which linked the income concerned with the tax realisation made thereon. " 4.6 The Ld. AR submitted that a similar view was upheld by the ITAT Mumbai Bench 'D' in the case of Reliance Communications Infrastructure Ltd. Vs Commissioner of Income tax [2009] 34 SOT 241 wherein it was held as under: “'The phrase 'prejudicial to the interests of the revenue' has to be read in conjunction with an erroneous order passed by the Assessing Officer. Every loss of revenue as a consequence of an order of the Assessing Officer cannot be treated as prejudicial to the interests of the revenue, for example, when an ITO adopt…
