ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND EDUCATIONAL & CHARITABLE TRUST,BERHAMPUR vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

193, 224, 253 and 284 reveal that the nature of the said fixed assets is nothing but computers, furniture, lab equipment, specialized laboratory for carrying out educational activities only. An institution wise :- 28 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur chart also forms part of the case files to this effect. We sought to know from

S S BRAHMA EDUCATIONAL TRUST,MAYURBHANJ vs. PRINICIPAL COMMISSIONER OF INCOME TAX, PCIT, SAMBALPUR, SAMBALPUR

In the result, appeal of the assessee is allowed

193, wherein an issue arose whether a decree can be challenged at the stage of execution and whether a decree which remained uncontested operates as res-judicata qua the parties affected by it. Hon'ble apex court , taking support from aforesaid judgment, observed as under : "In the light of this position in law the quest ion for determination is whether

DHANESWAR RATH INSTITUTE OF ENGINEERING AND MEDICAL SCIENCES,CUTTACK vs. CIT(EXEMPTION), HYDERABAD

In the result, appeal of the assesse is allowed

Trust(supra), wherein, it was clearly held that where the cost of asset was claimed and allowed u/s.11 of the Act to the assessee charitable society/trust as application of income in the year of purchase of asset, the assessee would not be entitled for depreciation on said asset as application of income. This preposition has been rendered in view

ACIT, CIRCLE-1(2), CUTTACK, CUTTACK vs. PARADEEP PORT TRUST, JAGATSINGHPUR

In the result, appeal of the revenue i

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.395/Ctk/2013 (धनधाारण वषा / Assessment Year :2008-2009) Acit, Circle-2(1), Cuttack Vs. Paradip Port Trust, Paradeep, Jagatsinghpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaalp 0055 A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपील सं./Ita No.356/Ctk/2013 (धनधाारण वषा / Assessment Year :2009-2010) Acit, Circle-2(1), Cuttack Vs. Paradip Port Trust, Paradeep, Jagatsinghpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaalp 0055 A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) & आयकर अपील सं./Ita No.332/Ctk/2013 (धनधाारण वषा / Assessment Year :2009-2010) Paradip Port Trust, Vs. Acit, Circle-2(1), Cuttack Paradeep, Jagatsinghpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaalp 0055 A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Kunal Singh, Cit Dr निर्ााररती की ओर से /Assessee By : Shri J.M.Pattnaik, Ar सुनवाई की तारीख / Date Of Hearing : 27/07/2017 घोषणा की तारीख/Date Of Pronouncement 09/08/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: Out Of These Three Appeals, The Revenue Has Filed Two Appeals I.E.

section 2(15) of the I.T.Act 1961 can only be considered to be applicable for A/Y: 2009-10 onwards and not to be applicable for any past assessment years. 05.Whether in case of trust/AOP/Institution claiming to be engaged in charitable activities for the purpose of computation of its net income/utilization of the income for charitable purposes/ accumulation of un-utilized

M/S PARAPIT PORT TRUST,CUTTACK vs. ADDL. CIT, CUTTACK

In the result, appeal of the revenue i

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.395/Ctk/2013 (धनधाारण वषा / Assessment Year :2008-2009) Acit, Circle-2(1), Cuttack Vs. Paradip Port Trust, Paradeep, Jagatsinghpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaalp 0055 A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपील सं./Ita No.356/Ctk/2013 (धनधाारण वषा / Assessment Year :2009-2010) Acit, Circle-2(1), Cuttack Vs. Paradip Port Trust, Paradeep, Jagatsinghpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaalp 0055 A (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) & आयकर अपील सं./Ita No.332/Ctk/2013 (धनधाारण वषा / Assessment Year :2009-2010) Paradip Port Trust, Vs. Acit, Circle-2(1), Cuttack Paradeep, Jagatsinghpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaalp 0055 A (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Kunal Singh, Cit Dr निर्ााररती की ओर से /Assessee By : Shri J.M.Pattnaik, Ar सुनवाई की तारीख / Date Of Hearing : 27/07/2017 घोषणा की तारीख/Date Of Pronouncement 09/08/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: Out Of These Three Appeals, The Revenue Has Filed Two Appeals I.E.

section 2(15) of the I.T.Act 1961 can only be considered to be applicable for A/Y: 2009-10 onwards and not to be applicable for any past assessment years. 05.Whether in case of trust/AOP/Institution claiming to be engaged in charitable activities for the purpose of computation of its net income/utilization of the income for charitable purposes/ accumulation of un-utilized

P RAMA RAO,NAWARANGPUR vs. ITO, JEYPORE WARD, JEYPORE

In the result, appeal of the assessee is partly allowed

Bench: Shri P.M.Jagtap & Shri C.M.Garg(Through : Video Conferencing) P.Rama Rao, Vs Cit, Bhubaneswar Prop. Of M/S Om Traders, At-Pathana Street, Po-Nawarangpur, Dist-Nawarangpur-764059 Pan No. : (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By Shri Jagamohan Pattanaik, Adv. : राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 04/01/2022 घोषणा की तारीख/Date Of Pronouncement : 02/02/2022 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Cit, Bhubaneswar U/S.263 Of The Act, Dated 31.03.2004. 2. We Have Heard The Arguments Of Both The Sides & Perused The Relevant Record Of The Tribunal Including The Paper Book Filed By The Assessee Spread Over 77 Pages Along With The Written Submissions Filed On 03.01.2022. 3. Replying To The Above, Ld. Cit-Dr Also Filed Written Submissions & Copies Of The Case Laws/Judgments/Orders In Support Of The Stand Of The Revenue.

Charitable Trust in R/Tax Appeal NO.1335 of2018 order dated 30.7.2019 in paras 16 & 17 of the said judgment is referred to as under: "16. There is one another valid reason for us to say that ordinarily the matter should not be remitted by the Appellate Tribunal to the Id CIT(A) if the Appellate Tribunal is in a position