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Case Law Details

Case Name : Orissa Forest Development Corporation Limited Vs PCIT (ITAT Cuttack)
Appeal Number : ITA No. 59 /CTK/2021
Date of Judgement/Order : 07/06/2022
Related Assessment Year : 2016-17
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Orissa Forest Development Corporation Limited Vs PCIT (ITAT Cuttack)

It is admitted by Pr. CIT that he is not going into the merits of the addition as the issue constitute a matter to be adjudicated by the appellate authority. Thus, it is clearly shows that the issue is a debatable issue and it is recognized by the Pr. CIT. On a debatable issue, admittedly, revision u/s.263 of the Act is not permissible. This being so, as the issue, as proposed by the pr. CIT, is a debatable issue, and as admitted by Pr. CIT in the impugned order, the order passed u/s.263 stands quashed.

FULL TEXT OF THE ORDER OF ITAT CUTTACK

This is an appeal filed by the assessee against the passed Pr. CIT, Bhubaneswar- 1dated 11.3.2021 passed u/s.263 of the Act for the assessment year 2016-17.

2. Shri B.K.Mahapatra, ld AR appeared for the assessee and Shri M.K.Gautam, ld CIT DR appeared for the revenue.

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