THE DHAMRA PORT COMPANY LIMITED,ODISHA vs. DCIT,CIRCLE 1(2), BHUBANESWAR, AAYAKAR BHAWAN, RAJASWA VIHAR, BHUBANESWAR, ORISSA

In the result, appeal of the assessee is allowed with the direction

section 115JB makes it clear that the amount of loss brought forward or unabsorbed depreciation whichever is less as per the books of accounts must be permitted to be set off. The CIT(A) and the ITAT placing reliance on CBDT Circular No. 495 dated September 22

MAHANADI COALFIELDS LTD.,SAMBALPUR vs. DCIT, CIRCLE-2(1), SAMBALPUR

In the result, appeal of the assessee is partly allowed for

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.174/Ctk/2018 (नििाारण वषा / Assessment Year : 2015 - 2016) Mahanadi Coalfields Ltd., Vs. Dcit, Circle-2(1), Sambalpur Jagriti Vihar, Burla, Sambalpur स्थायी ऱेखा सं./Pan No. : Aabcm 5188 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri S.S.Podar, Ca राजस्व की ओर से /Revenue By : Shri S.M.Keshkamat, Citdr सुनवाई की तारीख / Date Of Hearing : 15/01/2020 घोषणा की तारीख/Date Of Pronouncement : 05/06/2020 आदेश / O R D E R Per L.P.Sahu, Am :

depreciation on the cost of leasehold land shall be allowed alternatively U/s.37(1) of the Income Tax Act, 1961 or any other section deem appropriate by the Hon' ble Bench. 3 Valuation of closing stock of coal Rs.11840.00 Grounds of (due to impact of overburden lakhs Appeal No.3(2) removal expenditure) Page ref. of Asst. order:4-6 Page ref.of

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

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

22,54,379/-, totalling to Rs. 34,24,272/-. and also disallowed excess claim of depreciation on laboratory equipments of Rs. :- 41 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 2,58,180/-, furniture of Rs. 23,734/- and computers of Rs. 1,34,580/- totalling to Rs. 3,94,494/- 11. Aggrieved, the assessee preferred appeal

ACIT, BHUBANESWAR vs. MAZDA CONCRETE PRODUCTS (P) LTD, HYDERABAD

In the result, appeal of the Revenue is dismissed

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपीऱ सं./Ita No.118/Ctk/2014 (नििाारण वषा / Assessment Year : 2010-2011) Acit,Circle-2(1), Vs. M/S Mazda Concrete Bhubaneswar Products (P) Ltd., 3Rd Floor, The Grand, Rajbhawan Road, Somajiguda, Hyderabad स्थायी लेखा सं./ Pan No. : Aabcm 9883 H (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Piyush Kolhe, Citdr निर्ाारिती की ओर से /Assessee By : Shri B.Satyanarayana Murty, Fca Ar सुनवाई की तारीख / Date Of Hearing : 21/03/2018 घोषणा की तारीख/Date Of Pronouncement 23/03/2018 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Revenue Has Filed This Appeal Against The Order Of Cit(A)-Ii, Bhubaneswar Dated 12.02.2014. 2. The Revenue Has Raised The Following Grounds :- 1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Not Justified In Law As Well As Facts In Deleting The Addition Of Rs.3,50,24,517/- Made By The Ao On Account Of Suppression Of Closing Stock. 2. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Not Justified In Law As Well As Facts In Deleting The Addition Of Rs. 17,34,99120/- Made By The Ao On Account Of Deemed Dividend U/S.2(22)(E) Of-The Act. 3. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Not Justified In Law-As Well As Facts In Deleting The Addition Of Rs.57,75,425/- Made By The Ao On Account Of Interest Paid U/S.40(A)(Ia) Of The Act. 4. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Is Not Justified In Law As Well As Facts In Deleting The Addition Of Rs. 15,59,634/- Made By The Ao On Account Of Rent Paid U/S.40(A)(Ia) Of The Act.

22,607/- made by the AO on account of CENVAT credit. 8. The appellant craves to alter, amend or add any other ground that may be considered necessary in course of the appeal proceeding. Ground No.1: 2. Brief facts of the case are that the assessee is in the business of manufacturing of concrete sleepers and filed the return

MGM GREEN ENERGY LIMITED,BHUBANESWAR vs. DCIT,CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.370/Ctk/2019 (ननधाारण वषा / Assessment Year : 2014-2015) Mgm Green Energy Limited, Vs Jcit, Range Rourkela, Rourkela 5-A, Forest Park, Bhubaneswar Pan No. :Aahcm 8472 C (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Sh A.K.Sabat & Sh B.K.Mahapatra, Cas राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 22/05/2024 घोषणा की तारीख/Date Of Pronouncement : 22/05/2024 आदेश / O R D E R Per Bench : This Appeal Is Filed By The Assessee Against The Order Of The Ld. Cit(A)-1. Bhubaneswar, Dated 11.06.2019, In I.T.Appeal No.0388/16-17 For The Assessment Year 2014-2015. 2. The Assessee Has Taken As Many As Six Grounds Of Appeal, Relating To Various Additions/Disallowances Made To The Income Declared By The Assessee & Also Against The Adjustments Made In The Book Profit U/S.115Jb Of The Act. The Grounds Raised By The Assessee Are As Under :- I) The Ld. Cit(A) Is Erred In Dismissing The Appeal Of The Assessee, Which Is Arbitrary, Erroneous & Bad, Both In The Eyes Of Law. Ii) Disallowance Of Interest Expenses U/S.36(Iii) Of The Act At Rs.1,65,18,400/-; Iii) Disallowance Of Expenses U/S.14A Of The Act/Rule 8D Of It Rules At Rs.2,44,82,488/-; Iv) Addition Of Disallowance Of Expenses U/S.14A At Rs.2,44,82,488/- In The Book Profit As Computed U/S 115Jb; V) Addition/Disallowance Of Expenses U/S.115Jb Of The Act Under The Book Profits; Vi) Disallowance Of Differential Depreciation Of Rs.1,16,63,697/-

depreciation in the books of accounts on the wind power project and solar power project at the rate prescribed under the Income Tax Act which are higher than the rate prescribed under the Companies Act, 2013. As per 22 the AO MAT is to be computed as per Section

ORISSA AIR PRODUCTS PVT. LTD.,DHENKANAL vs. ACIT, CIRCLE-1(2), BHUBANESWAR

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri N.S Sainiassessment Year : 2012-2013

Section 43B repeatedly and the intention of Parliament, there appears to be sufficient justification for taking the view that the employees' and the employer's contribution ought to be treated in the same manner. In Alom Extrusions'case (supra), as pointed out earlier, the Supreme Court has not made any distinction between the two as similar problem of implementation would