M/S. GRID CORPORATION OF ORISSA LIMITED,BHUBANESWAR vs. ACIT-(TDS), BHUBANESWAR

In the result, appeal of the assessee stands allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2009-2010 2010 Grid Corporation Of Orissa Grid Corporation Of Orissa Vs. Acit (Tds), Acit (Tds), Ltd., Ltd., Gridco Gridco House, House, Bhubaneswar. Bhubaneswar. Janapath, Bhubaneswar. Janapath, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcg 5398 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : S/Shri Ved Jain/P.Venugopal Rao /P.Venugopal Rao, Ars Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 20/0 02/2023 Date Of Pronouncement : 20/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar, 1, Bhubaneswar, Dated 12.7.2019 In Appeal No. In Appeal No.0035/17-18 For The Assessment Year The Assessment Year 2009-2010. 2. S/Shri Ved Jain & P.Venugopal Rao, S/Shri Ved Jain & P.Venugopal Rao, Ld Ar Ld Ars Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

depreciation was allowed overlooking section 8OVVA of the Act. Overlooking of a statutory provision is clearly a mistake apparent on record and on that basis, rectification under section 154 of the Act was clearly admissible. Impermissibility of deduction is not debatable if section 80VVA is applied. This being so, the CIT(A) as well as the Tribunal erred

ADHIKAR,BHUBANESWAR vs. ITO, WARD-2(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2012-2013

section 11 P a g e 3 | 7 ITA No. 255/CT K/ 2017 Asse ssment Year : 20 12- 13 In view of the aforesaid judgment of the Hon’ble Bombay High Court, the Hon’ble Supreme Court answered the question No.1 in the affirmative in favour of the assessee and against the revenue. Respectfully following the above quoted decision

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/-

33. The Hon‟ble Kolkata High Court in case of CIT vs Jayshree Tea Industries Ltd (ITA No 47 of 2014 order dt. 19.11.2014) also expressed the similar view and that the provision of section 115JB in the matter of computation is a complete code in itself and resort need not and cannot be made to section

AMBIKA CONSTRUCTION COMPANY,BARIPADA vs. DCIT, BALASORE

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

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.191/Ctk/2015 (नििाारण वषा / Assessment Year : 2011 - 2012) Ambika Construction Company, Vs. Dcit, Balasore Circle, C/O Mangal Kumar Bhaumik, Balasore Ward No.11, Station Bazar, Baripada-757001 स्थायी ऱेखा सं./Pan No. : Aaffa 2848 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri J.M.Pattnaik, Advocate राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तारीख / Date Of Hearing : 22/01/2020 घोषणा की तारीख/Date Of Pronouncement : 17/03/2020 आदेश / O R D E R Per L.P.Sahu, Am : This Is An Appeal Filed By The Assessee Against Order Of Cit(A), Cuttack, Dated 27.02.2015 For The Assessment Year 2011-2012. 2. On Perusal Of The Appeal Record, We Find That Initially The Appeal Of The Assessee Was Disposed Off By The Tribunal Vide Order Dated 29.05.2017. Thereafter The Assessee Carried The Matter To The Hon’Ble Jurisdictional High Court & The Hon’Ble High Court Quashed The Order Of The Tribunal Vide Order Dated 24.04.2019 & Remitted The Matter Back For Consideration Of The Case Of The Assessee In The Light Of The Decision As Has Been Held By The Hon’Ble High Court In Income Tax (Appeal) No.36 Of 2015, Vide Order Dated 20.08.2018 In The Case Of 2 Mohd. Asif Habibi Vs. Pr. Cit & Others. Thereafter As Per The Direction

33,290.00 Less Depreciation: Rs. 45,99,281.00 Rs. 28,34,009.00 Thus, in view of the law laid down by the Hon'ble Apex Court and followed by this Hon'ble Tribunal in the cases, referred to above, this appeal is liable to be allowed to the extent of allowing the depreciation out of gross profit. 4 In addition

B.C. BHUYAN CONSTRUCTION PVT. LTD.,BHUBANESWAR vs. DCIT, CORPORATE CIRCLE- 1(1), BHUBANESWAR

In the result, appeal of the assessee stands partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Girish Agrawalwalassessment Year : 2014-15 B.C.Bhuyan Construction Pvt B.C.Bhuyan Construction Pvt Vs. Dcit, Corporate Circle Dcit, Corporate Circle - Ltd., Plot No.90, Palasuni, Ltd., Plot No.90, Palasuni, 1(1), Rasulgarh, Bhubaneswar Rasulgarh, Bhubaneswar Bhubaneswar Bhubaneswar Pan/Gir No. Pan/Gir No.Aadcb 3304 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.C.Sethi, Adv Revenue By Revenue By : Shri Saroj Kumar Mahapatra, Saroj Kumar Mahapatra, Pr. Cit Dr Date Of Hearing : 20/07 7/2023 Date Of Pronouncement : 20/0 /07/2023

section 43, however the owner of the Car is not entitled to claim 100 per cent depreciation on its spare parts since the cost of the Car is more than Rs. 5000/-. Therefore, if one ask question to ourselves whether all spare parts of the Car including tyres costing less than Rs. 5000/- individually or separately by the assessee, whether

RIO TINTO ORISSA MINING PVT. LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeal of the assessee is allowed

depreciation of Rs.50,396/- in the light of provision of Section 14A of the Income Tax Act, 1961 (for short „the Act‟). However, from para 3.2 of the first appellate order, I also observe that the ld. CIT(A) observed that Section 14A of the Act has no application in the case and AO‟s reference to the same

ACIT, SAMBALPUR vs. M/S MAHANADI COALFIELDS LTD, SAMBALPUR

In the result, appeals filed by the revenue for the assessment years

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

section 32 of the Act the gain on sale of assets is not taxable if the remaining assets are more than that and, the depreciation should be allowed thereon. Therefore, we remit this issue to the file of the Assessing Officer allow the correct depreciation by reducing the value of block of assets by sale value. This ground of 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

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating

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

33 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur 9. Coming to the remaining three appeals ITA nos. 469- 471/CTK/2019, the assessee M/s Roland Educational & Charitable Trust has raised the following grounds of appeal in AY 2005-06, which are common in AYs 2006-07 & 2007- 08 as well:- “1. That, the Ld. Dy Commissioner erred in initiating