Ita/9/2022 Of Principal Commissioner Of Income Tax 1 v. M/S. Knsd Enterprises Pvt. Ltd

IN THE HIGH COURT OF ORISSA AT CUTTACK ITA No. 9 of 2022 ….AppellantMr. Tushar Kanti Satapathy, Senior Standing Counsel-versus- ….RespondentNone Principal Commissioner of Income Tax I, Ayakar Bhawan, Bhubaneswar M/s. KNSD Enterprises Pvt. Ltd. CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN Order No. ORDER 08.02.2023 01. 1. This is an appeal by the Revenue against an impugned order dated 23[rd] December, 2021 of the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) allowing the Assessee’s appeal i.e. ITA No.178/CTK/2018 which is directed against an order dated 29[th]March, 2018 passed by the Principal Commissioner of Income Tax-I (Pr.CIT) under Section 263 of the Income Tax Act, 1961 (IT Act) for the assessment year 2013-14. 23[rd] December, 2021 of the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (ITAT) allowing the Assessee’s appeal i.e. ITA No.178/CTK/2018 which is directed against an order dated 29[th]March, 2018 passed by the Principal Commissioner of Income Tax-I (Pr.CIT) under Section 263 of the Income Tax Act, 1961 (IT Act) for the assessment year 2013-14. 2. Having heard learned Senior Standing Counsel for the Appellant-Department and having perused the aforementioned order of the Pr.CIT as well as the order of the ITAT, the Court is of the view that the ITAT did not commit any error in setting aside the order of the Pr.CIT which the Court has viewed it simply repeated the language of Section 263 of the IT Act regarding the original assessment order being erroneous and prejudicial to the interest of the Revenue without actually giving the reason for such conclusion. Page 1 of 2 Consequently, no substantial question of law arises for consideration. The appeal is accordingly dismissed. (Dr. S. Muralidhar) Chief Justice (M.S.Raman) Judge S.K. Jena/Secy.