M/S. B.Banamber & Co., Cuttack vs. CIT, Bhubaneswar
In the result, appeal of the assessee is dismissed as per the direction indicated above
ITA 404/CTK/2014[2009-10]Status: DisposedITAT Cuttack29 Mar 2022AY 2009-10
Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2009-2010 2010 M/S. B.Banamber & Co., M/S. B.Banamber & Co., Vs. Cit, Bhubaneswar Cit, Bhubaneswar Bhairabi Sahi, Talcher. Bhairabi Sahi, Talcher. Pan No.Aadfb 2121 Q Pan No.Aadfb 2121 Q (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri S.N..Sahu & Somanath Sahu S.N..Sahu & Somanath Sahu, Ars Revenue By : Shri M.K.Goutam, M.K.Goutam, Cit (Dr) Date Of Hearing : 10/3/ 20 / 2022 Date Of Pronouncement : 29/ /3/2022 O R D E R Per C.M.Garg G, Jm
For Appellant: S/Shri S.N..Sahu, & Somanath SahuFor Respondent: Shri M.K.Goutam
Section 143Section 143(3)Section 263Section 44A
…compliance to notice u/s. 263 of the I.T. Act, 1961 should have been judicially considered by the learned CIT. the (earned CIT was duty bound to examine the points raised and record definite conclusions in respect of each one of them. [A. Venkat Rao Vs. CIT, 203 ITR 64]. Not doing so the order has become in- abnitio void u/s. 263 and not doing so, the order is illegal. P a g e 2 | 9 Assessment Year : 2009-2010 6. That the learned AO should have considered that where two views are possible and the CIT does not agree with that view taken by the AO and the same has resulted in loss of revenue, it cannot be treate…