BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

reassessment shall be passed by an AO below the rank of Jt.CIT, except with the prior approval of the Jt.CIT”. 6. In reply, ld. CIT-DR placed before us the ordersheet of the assessment folder wherein in the last entry is of 31.03.2015, it is mentioned that the order u/s.153A(b) of the Act passed. Here it must be mentioned

BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

reassessment shall be passed by an AO below the rank of Jt.CIT, except with the prior approval of the Jt.CIT”. 6. In reply, ld. CIT-DR placed before us the ordersheet of the assessment folder wherein in the last entry is of 31.03.2015, it is mentioned that the order u/s.153A(b) of the Act passed. Here it must be mentioned

BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT ,CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

reassessment shall be passed by an AO below the rank of Jt.CIT, except with the prior approval of the Jt.CIT”. 6. In reply, ld. CIT-DR placed before us the ordersheet of the assessment folder wherein in the last entry is of 31.03.2015, it is mentioned that the order u/s.153A(b) of the Act passed. Here it must be mentioned

BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

reassessment shall be passed by an AO below the rank of Jt.CIT, except with the prior approval of the Jt.CIT”. 6. In reply, ld. CIT-DR placed before us the ordersheet of the assessment folder wherein in the last entry is of 31.03.2015, it is mentioned that the order u/s.153A(b) of the Act passed. Here it must be mentioned

BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

reassessment shall be passed by an AO below the rank of Jt.CIT, except with the prior approval of the Jt.CIT”. 6. In reply, ld. CIT-DR placed before us the ordersheet of the assessment folder wherein in the last entry is of 31.03.2015, it is mentioned that the order u/s.153A(b) of the Act passed. Here it must be mentioned

BIBHUDUTTA PANDA,BHUBANESWAR vs. ASST.CIT, CORPORATE CIRCLE 1(2), BHUBANESWAR

In the result, all appeals of the assessee stand allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita Nos.76 To 81/Ctk/2022 (ननधाारण वषा / Assessment Years :2007-2008 To 2012-2013) Bibhudutta Panda, Vs Acit, Corporate Circle-1(2), Plot No.73 & 74, Jayadev Vihar, Bhubaneswar Bhubaneswar-751013 Pan No. :Adapp 6398 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

reassessment shall be passed by an AO below the rank of Jt.CIT, except with the prior approval of the Jt.CIT”. 6. In reply, ld. CIT-DR placed before us the ordersheet of the assessment folder wherein in the last entry is of 31.03.2015, it is mentioned that the order u/s.153A(b) of the Act passed. Here it must be mentioned

JAY KISHORE CHOUBEY,RAIRANGPUR vs. ACIT, CIRCLE-1, ASANSOL

In the result, appeal of the assessee stands allowed

Bench: Before S/Shri George Mathan, Judicial & Girish Agrawalassessment Year : 2010-2011 2011 Jay Jay Kishore Kishore Choubey, Choubey, Vs. Acit, Circle Acit, Circle-1, Asansol. Rairangpur Bazar, Rairangpur, Rairangpur Bazar, Rairangpur, Mayurbhanj. Pan/Gir No. Pan/Gir No.Acmpc 1759 N (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.R.Mohanty P.R.Mohanty, Adv Revenue By : Shri Charan Das, Sr. Das, Sr. Dr Date Of Hearing : 29/11 11/2023 Date Of Pronouncement : 29/11 /11/2023 O R D E R Per Bench

reassessment, are to be examined on a standalone basis to determine the validity of proceedings under section 147 of the Act.... P a g e 7 | 15 Assessment Year : 2010-2011 There should be 'reasons' and 'belief. "Reasons" refer to the cause like document, statement, third party confirmation etc and "belief" refers to the conclusion. The "reason to believe

GRAM VIKAS TRUST,BERHAMPUR vs. ITO, EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

reassessment proceeding is filing of the same within the time allowed for furnishing the return of income under section 139(4). Therefore, the revenue has not been able to point out any reasons why the aforesaid two decisions should not be applied in the facts of the present case to reject the appeal. [Para 12]” 3.1. Further, reliance was placed

GRAM VIKAS TRUST,BERHAMPUR vs. ITO,EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

reassessment proceeding is filing of the same within the time allowed for furnishing the return of income under section 139(4). Therefore, the revenue has not been able to point out any reasons why the aforesaid two decisions should not be applied in the facts of the present case to reject the appeal. [Para 12]” 3.1. Further, reliance was placed

PANCHANAN PRADHAN,KHURDA vs. ITO, KHURDA WARD, KHURDA

In the result, appeal of the assessee is allowed on legal ground

Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.10/Ctk/2017 (नििाारण वषा / Assessment Year :2009-2010) Panchanan Pradhan, Vs. Ito, Khurda Ward, Ashok Nagar, 2Nd Lane, Khurda Balugaon, Khurda स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Ajhpp 4713 D (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) यनधागररती की ओर से /Assessee By : Shri P.C.Sethi, Advocate राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तारीख / Date Of Hearing : 11/12/2019 घोषणा की तारीख/Date Of Pronouncement 17/12/2019 आदेश / O R D E R The Assessee Has Filed This Appeal Against The Order Of Cit(A)-1, Bhubaneswar, Dated 06.09.2016, For The Assessment Year 2009-2010, On The Following Grounds :- 1. That, The Learned Cit (A) Has Committed Serious Error In Not Quashing The Order Passed By The Learned Assessing Officer Which Is Unjust, Illegal, Arbitrary, Without Jurisdiction, Contrary To The Provisions Of The Income-Tax Act, 1961 (Herein After Referred As 'The Act') & Has Been Passed In Gross Violation Of The Principles Of Natural Justice. 2. That, The Learned Cit (A) Has Committed Serious Error In Not Quashing The Assessment Order Initiated U/S 147 Of The Act Without Having Any Reasons On The Self Same Facts, Which Has Been Considered By The Learned Assessing Officer In The Assessment Order U/S 143(3) Of The Act. 3. That, The Learned Cit (A) Has Committed Serious Error In Not Quashing The Assessment Order Wherein The Learned Assessing Officer Has Failed To Prove That The Alleged Income Escaped Owing To Failure On The Part Of The Appellant.

255/-. Later on perusal of record and 26AS data for the F/Y 2008-09, it is found that the a’ had contractual receipt of Rs.5,50,000/- from ET Envirotech Overseas (P) Ltd. But the a’ has not disclosed such receipt in the P&L A/c for the year ended 31.03.2009. It is also found that though it has claimed

M/S. EZMA FOUNDATION,BHUBANESWAR vs. ACIT(EXEMPTION CIRCLE), BHUBANESWAR

Appeal of the assessee is allowed

reassessment proceedings - Held, yes [Para 6] [In favour of assessee] iii) CIT Vs. Sakal Relief Fund, [2017] 248 Taxman 31 (Bombay) : Held: An order was passed to enable the revenue to respond to the same. In that order it was stated that the respondent is a charitable trust. The issue arising in these two appeals, prima facie, appears