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TMI Blog2023 (12) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... see could be granted the opportunity to substantiate its case. This clearly shows that the assessee is not interested in showing the reconciliation but is attempting to use technical reasons to avoid the responsibility. This scathing remark from the ITAT showcases the triviality of the matter at hand. Additionally, the submissions made with regard to the section 255 of the Act showcases the intention of the petitioner to delay the case. While scrutinizing the documents at hand, it is clear that due compliance has been made with respect to the reassessment proceedings and all the subsequent appeals. Additionally, the petitioner has been provided with the regular chances to submit his representation. However, the petitioner has been delaying the same. The submission of the petitioner cannot be entertained. ITA is hereby dismissed. - Dr. Justice S.K. Panigrahi And Mr. Justice G. Satapathy For the Appellant (s) : Mr. Prakash Chandra Sethi, Adv. For the Respondent(s) : Mr. T.K. Satapathy, Senior Standing Counsel (Revenue) JUDGMENT DR. S.K. PANIGRAHI, J. 1. The Appellant, in this ITA, challenges the order dated 02.06.2022 for the Assessment Years 2008-09 passed by the Income Tax Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , by notification in the Official Gazette, direct that any of the provisions of this Act shall not apply to such scheme or shall apply with such exceptions, modifications and adaptations as may be specified in the said notification. Provided that no such direction shall be issued after-the:' 31st day of March, 2024. Section 255 (9): Every notification issued under subsection (7) and sub-section (8) shall, as soon as may be after the notification 'is issued, be laid before each House of Parliament. H. On bare perusal of aforesaid section, it is crystal clear that the learned ITAT seizes its jurisdiction without having any direction/ order/ notification issued as provided under section 255 (7, 8 9) of the Act. I. In the absence of such direction/ order/ notification issued by the Central Government in accordance with section 255 (8) of the Act, the Petitioner has filed a petition before the learned ITAT on 01.02.2022 to adjourn the case till a notification is issued in the impugned matter in accordance with section 255 (8) of the Act. J. After taking into cognizance of the said petition, the learned ITAT has directed the ACIT, to file a counter on the impugned issue raised by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the order passed under Section 263 of IT Act preferred appeal before the Ld. ITAT. The appellant raised some technical issues and same were rejected by the Ld. ITAT and on the merit of the case, held that: in the present case, the difference between the cash flow statement and balance sheet was very much available to the AO to be processed in the reopened assessment. Failure on the part of the AO to examine the same and form an opinion on the issue established that, when the difference was so glaring, has clearly made the order erroneous and consequently prejudicial to the interest of the revenue. This being so, as the AO has not applied his mind to the information that has been supplied by the assessee nor he has considered such information nor formed an opinion in respect of such information, the Ld. CIT, Bhubaneswar was right in Invoking his powers u/s. 263 of the Act in revising the assessment order passed under Section 143(3)/147 of the Act dated 30.3.2013 in the case of the assessee. C. Therefore, the learned ITAT has rightly rejected the contention of the appellant and approved the order passed by the revisional authority. For better appreciation of the case, section 263 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Commissioner or Commissioner - (a) the order is passed without making inquiries or verification which should have been made, (b) the order is passed allowing any relief without inquiring into the claim: (c) the order has not been made in accordance with any order, direction or instruction issued by the Board under section 119, or d) the order has not been passed in accordance with any decision which is prejudicial to the assessee. rendered by the jurisdictional High Court or Supreme Court in the case of the assessee or any other person.] [(2) No order shall be made under sub-section (1) after the expiry of two years from the end of the financial year in which the order sought to be revised was passed.] (3) Notwithstanding anything contained in sub- section (2), an order in revision under this section may be passed at any time in the case of an order which has been passed in consequence of, or to give effect to, any finding or direction contained in an order of the Appellate Tribunal, the High Court or the Supreme Court. Explanation. In computing the period of limitation for the purposes of sub- section (2), the time taken in giving an opportunity to the assessee to be reheard und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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