MAHANADI COALFIELDS LIMITED,BURLA vs. PRINCIPAL COMMISSIONER OF INCOME TAX, SAMBALPUR

In the result, appeal of the assessee is allowed

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita No.141/Ctk/2020 (नििाारण वषा / Assessment Year :2015-2016) Mahanadi Coalfields Limited, Vs Pr.Cit, Sambalpur Jagruti Vihar, Burla, Sambalpur-768020 Pan No. : Aabcm 5188 P (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri S.S.Poddar, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तािीख / Date Of Hearing : 29/10/2021 घोषणा की तािीख/Date Of Pronouncement : 10/12/2021 आदेश / O R D E R Per Bench: This Appeal Is Filed By The Assessee Against The Order Passed By The Pr.Cit, Sambalpur, U/S.263 Of The Act, Dated 21.04.2020 For The Assessment Year 2015-2016, On The Following Grounds :- 1. That The Notice Issued & Order Passed U/S.263 Of The Income Tax Act, 1961 (Act) By The Learned Principal Commissioner Of Income Tax, Sambalpur (Pr. Cit) Is Unjustified, Arbitrary, Excessive, Contrary To Evidences & Bad In Law. 2. That Having Regard To The Facts & Circumstances Of The Case, Pr. Cit Has Erred In Law & In Facts In Assuming Jurisdiction In Issuing The Notice & Passing The Order U/S.263 Of The Act, More So When The Assessment Order Passed U/S.143(3) Of The Act Is Neither Erroneous Nor Prejudicial To The Interest Of The Revenue. 3. That Having Regard To The Facts & Circumstances Of The Case, Pr. Cit Has Further Erred In Law & In Facts In Assuming Jurisdiction In Issuing The Notice & Passing The Order U/S.263 Of The Act, As The Subject Matter Of Proceedings U/S.263 Of The Act Were Duly Considered By The Ld. Assessing Officer During The Course Of Assessment Proceedings & The Assessment Order Was Passed After Making All The Enquiries & Verification & With Due Application Of Mind.

section 143(3) of the Act on 31.12.2017 should not be cancelled or modified. After receiving the reply from the assessee, the Pr. CIT set aside the assessment order dated 31.12.2017 and directed the AO for conducting enquiry/verification of the issues and make fresh assessment order by making additions on the above three issues alongwith the additions made

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

In the result, appeal of the assesse is allowed

disallowance of depreciation while framing the assessment u/s.143(3) of the Act. 18. The first grievance of ld A.R. is that the ld CIT(A) has not given proper opportunity before passing the order u/s.263 of the Act. Section 263(1) of the Act reads as under: : “(1) The Commissioner may call for and examine the record of any proceeding

SURESH KUMAR DIVAKAR,SAMBALPUR vs. ACIT, CIRCLE 1(1), , SAMBALPUR

In the result, appeal of the assessee is allowed

Section 44AD of the Act, insofar as no proper books of accounts were maintained by the assessee. The ld. AR has placed before us the copy of profit and loss account of the assessee which is as follows :- 5 5. It was the submission that after reopening of the assessment, the AO proceeded to estimate the income of the assessee

DCIT, BHUBANESWAR vs. ORISSA HYDRO POWER CORPORATION LTD, BHUBANESWAR

In the result, appeal of Revenue i

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.115/Ctk/2014 (नििाारण वषा / Assessment Year :2005-2006) Dcit, Circle-1(1), Bhubaneswar Vs. M/S Orissa Hydro Power Corporation Limited, Orissa State Police Housing & Welfare Corporation Building, Bhoi Nagar, Vani Vihar, Bhubaneswar-751022 स्थायी ऱेखा सं./ Pan No. : Aaaco 2575 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपीऱ सं./Ita No.122/Ctk/2014 (नििाारण वषा / Assessment Year :2005-2006) M/S Orissa Hydro Power Vs. Dcit, Circle-1(1), Corporation Limited, Bhubaneswar Orissa State Police Housing & Welfare Corporation Building, Bhoi Nagar, Vani Vihar, Bhubaneswar-751022 स्थायी ऱेखा सं./ Pan No. : Aaaco 2575 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By Smt. Sarita Mishra Kolhe, Cit-Dr : ननधााररती की ओर से /Assessee By Shri Dillip Kumar Mohanty, Adv. : सुनवाई की तारीख / Date Of Hearing : 24/12/2019 घोषणा की तारीख/Date Of Pronouncement : 25/02/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Have Been Filed By Assessee & Revenue Against The Order Passed By The Cit(A)-I, Bhubaneswar, Dated 01.01.2014 For The Assessment Year 2005-2006. 2. First We Shall Take Up The Appeal Of Revenue Filed In Ita

211/- and after setting off unabsorbed depreciation of earlier years, the assessed income was determined at NIL. Consequently, the AO made the following additions :- i) Provision for dam maintenance : Rs.7,89,47,465/- ii) Provision for leave encashment : Rs.1,18,36,524/- iii) Non-disclosure of the dues from DOWR as income –Rs.3.98 crores iv) Prior Period expenses : Rs.4

M/S ODISHA HYDRO POWER CORPORATION LTD,BHUBANESWAR vs. DCIT, BHUBANESWAR

In the result, appeal of Revenue i

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.115/Ctk/2014 (नििाारण वषा / Assessment Year :2005-2006) Dcit, Circle-1(1), Bhubaneswar Vs. M/S Orissa Hydro Power Corporation Limited, Orissa State Police Housing & Welfare Corporation Building, Bhoi Nagar, Vani Vihar, Bhubaneswar-751022 स्थायी ऱेखा सं./ Pan No. : Aaaco 2575 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपीऱ सं./Ita No.122/Ctk/2014 (नििाारण वषा / Assessment Year :2005-2006) M/S Orissa Hydro Power Vs. Dcit, Circle-1(1), Corporation Limited, Bhubaneswar Orissa State Police Housing & Welfare Corporation Building, Bhoi Nagar, Vani Vihar, Bhubaneswar-751022 स्थायी ऱेखा सं./ Pan No. : Aaaco 2575 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By Smt. Sarita Mishra Kolhe, Cit-Dr : ननधााररती की ओर से /Assessee By Shri Dillip Kumar Mohanty, Adv. : सुनवाई की तारीख / Date Of Hearing : 24/12/2019 घोषणा की तारीख/Date Of Pronouncement : 25/02/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Have Been Filed By Assessee & Revenue Against The Order Passed By The Cit(A)-I, Bhubaneswar, Dated 01.01.2014 For The Assessment Year 2005-2006. 2. First We Shall Take Up The Appeal Of Revenue Filed In Ita

211/- and after setting off unabsorbed depreciation of earlier years, the assessed income was determined at NIL. Consequently, the AO made the following additions :- i) Provision for dam maintenance : Rs.7,89,47,465/- ii) Provision for leave encashment : Rs.1,18,36,524/- iii) Non-disclosure of the dues from DOWR as income –Rs.3.98 crores iv) Prior Period expenses : Rs.4

KANDOI AUTOMOBILES PVT. LTD.,CUTTACK vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CUTTACK

In the result, appeal of the assessee is allowed

Section 37 of the Act, the AO is under obligation to 6 examine these expenses and if the same were for the purpose of business, the same deserves to be allowed. In the instant case these expenses were allowed after making verification in the order passed u/s.143(3) of the Act and the ld Pr.CIT in revisionary order u/s.263