GURU MAHARAJ CONSTRUCTION,CUTTACK vs. PR CIT(CENTRAL) VISAKHAPATNAM, BHUBANESWAR
In the result, appeal of the assessee is partly allowed
ITA 345/CTK/2023[2018-19]Status: HeardITAT Cuttack08 Jul 2024AY 2018-19
Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.345/Ctk/2023 (ननधाारण वषा / Assessment Year : 2018-2019) Guru Maharaj Construction, Vs Pr.Cit(Central) Visakhapatnam, Prativa Niwas, Arunodaya Bhubaneswar Market, Cuttack-753012 Pan No. :Aazpj 2025 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri K.K.Bal, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/07/2024 घोषणा की तारीख/Date Of Pronouncement : 08/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 06.03.2014, In Din & Order No.Itba/Nfac/S/250/2023- 24/1062072084(1) For The Assessment Year 2015-2016. 2. The Assessee Has Taken Following Grounds Of Appeal:- 1. For That The Order Of The Forum Below Is Arbitrary, Illegal & Unjust Both Is Fact & Law, Hence Liable To Be Quashed. 2. For That Pr. Cit(Central) Erred In Exercising Jurisdiction U/S 263 Of The It Act By Substituting His Subjective Opinion In Place Of The Opinion Formed By The Assessing Office. Since No Jurisdiction U] S 263 Can Be Exercised On Change Of Opinion The Present Order Is Without Jurisdiction, Hence Liable To Be Quashed & Set Aside. 3. For That Ld. Pr. Cit Erred In Passing Order U/S. 263 Of The It Act By Going Against The Law Settled By The Jurisdiction High Court & Without Making A Minimal Enquiry. Therefore The Order Passed U/S 263 Of The It Act Is Illegal & Deserves To Be Quashed & Set Aside.
For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 143(3)Section 263
assessment was completed by the AO allowing depreciation on the block of assets and plant and machinery
@30% as claimed