INDIAN METALS AND FERRO ALLOY LTD,BHUBANESWAR vs. ACIT, BHUBANESWAR

In the result, the appeals of the assessee are allowed and the

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

reassessment proceedings had been initiated by the AO on an erroneous assumption that all payments to non-resident are subject to withholding taxes under section 195 of the Act and. therefore, income had escapement assessment for failure to withhold tax u/s 195(1) r/w 40(a)(i), which is in complete disregard of the decision of Supreme Court

ACIT, BHUBANESWAR vs. INDIAN METALS & FERRO ALLOYS LTD, BHUBANESWAR

In the result, the appeals of the assessee are allowed and the

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

reassessment proceedings had been initiated by the AO on an erroneous assumption that all payments to non-resident are subject to withholding taxes under section 195 of the Act and. therefore, income had escapement assessment for failure to withhold tax u/s 195(1) r/w 40(a)(i), which is in complete disregard of the decision of Supreme Court

M/S. MAHASAKTI FOUNDATION,KALAHANDI vs. ACIT, SAMBALPUR

In the result, the appeals filed by the assessee are allowed

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

reassessment proceedings that were pending would also come under the ambit of the first proviso to section 12A(2) of the Act. 6.5. The second proviso to section 12A(2) also provides that no action u/s 147 of the Act shall be taken merely for non-registration of trust or institution. Reading this proviso with the first proviso to section

M/S. EXIM INDIA OIL COMPANY LTD,CUTTACK vs. DCIT, CUTTACK

In the result, appeal of the assessee is allowed

43B of the Act by confirming the said figure arising out of an a of rectification under section 154 of the Act, therefore the additional is not sustainable. D. That both the authorities by following the rectification order under section 154 of the Act have also added and confirmed Rs.51,36,150.00 on account of alleged excess claim of depreciation

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

In the result, the appeal is allowed

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.396/Ctk/2013 (धनधाारण वषा / Assessment Year :2008-2009) Acit, Circle-2(1), Sambalpur Vs. M/S Mahanadi Coalfields Ltd., Jagriti Vihar, Burla, Sambalpur स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aabcm 5188 P (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Kunal Singh, Citdr निर्ााररती की ओर से /Assessee By : Shri S.S.Poddar/N.Kedia, Ar सुनवाई की तारीख / Date Of Hearing : 04/10/2017 घोषणा की तारीख/Date Of Pronouncement 09/10/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Revenue Has Filed An Appeal Against The Order Of Cit(A), Cuttack, In Appeal No.0403/2012-13, Dated 23.05.2013, Passed U/S.147/143(3)/250 Of The Income Tax Act, 1961 For The Assessment Year 2008-2009, Wherein The Revenue Has Raised The Following Grounds :- 1. Whether The Learned First Appellate Authority Was Justified In Relying On Writ Cases Ignoring The Fact That Specific Findings In Writ-Petitions Can Not Be Straightaway Applied To Other Cases. 2. Whether The Learned Appellate Authority Was Justified To Hold That There Is Change In Opinion Of The Assessing Officer Regarding Admissibility / Inadmissibility Of Expenditure While Proceeding U/S.147 Of The 1.T. Act,1961 As Compared To His Findings In The Original Assessment Order. 3. Whether The Ld. First Appellate Authority Was Justified To Delete The Disallowance Of Rs.696.10 Lakhs Made By The Assessing Officer Towards 'Prior Period Expenses', Totally Ignoring The Findings Of The Assessing Officer. 4. Whether The Learned First Appellate Authority Was Justified To Delete The Disallowance Of Rs.631.34 Lakhs Made By The Assessing Officer Towards `Unpaid Statutory Liability' Under Section 43B Of The I.T. Act,1961, Totally Ignoring The Findings Of The Assessing Officer.

43B of the I.T. Act,1961, totally ignoring the findings of the Assessing Officer. 2 5. Whether the Ld. Appellate Authority was justified to delete the disallowance of Rs.440.05 lakhs made by the Assessing Officer towards `expenditure disallowable' under section 40(a) (ia) of the I.T. Act,1961, totally ignoring the findings of the Assessing Officer. 6. Any other grounds

JCIT, RANGE-1, BHUBANESWAR, BHUBANESWAR vs. PARADEEP PHOSPHATES LTD., BHUBANESWAR

In the result, appeal of the revenue (ITA No

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं./Ita No.354/Ctk/2019 (ननधाारण वषा / Assessment Year :2012-2013) Dcit, Corporate Circle-1(2), Vs M/S Paradeep Phosphates Limited, Bhubaneswar Bayan Bhawan, J.N.Marg, Kharvel Nagar, Bhubaneswar-751001 Pan No. : Aabcp 3276 D (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) & Cross Objection No.10/Ctk/2020 (Arising Out Of Ita No.354/Ctk/2019) (ननधाारण वषा / Assessment Year :2012-2013) M/S Paradeep Phosphates Limited, Vs Dcit, Corporate Circle-1(2), Bayan Bhawan, J.N.Marg, Kharvel Bhubaneswar Nagar, Bhubaneswar-751001 Pan No. : Aabcp 3276 D (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अऩीऱ सं./Ita No.326/Ctk/2019 (ननधाारण वषा / Assessment Year :2012-2013) M/S Paradeep Phosphates Limited, Vs Dcit, Corporate Circle-1(2), Bayan Bhawan, J.N.Marg, Kharvel Bhubaneswar Nagar, Bhubaneswar-751001 Pan No. : Aabcp 3276 D (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri A.K.Sabat & B.K.Mahapatra, Cas राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 12/10/2022 घोषणा की तारीख/Date Of Pronouncement : 12/10/2022 आदेश / O R D E R Per Bench :

reassess the appellant, as the AO was in possession of sufficient reasons that income chargeable to tax has escaped assessment is arbitrary, erroneous, bad, both in the eye of law and on facts. c. holding that the contention of the appellant that the and re- assessment proceeding is a mere change of opinion of the learned AO is not valid

PARADEEP PHOSPATES LIMITED,BHUBANESWAR vs. DCIT,CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeal of the revenue (ITA No

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं./Ita No.354/Ctk/2019 (ननधाारण वषा / Assessment Year :2012-2013) Dcit, Corporate Circle-1(2), Vs M/S Paradeep Phosphates Limited, Bhubaneswar Bayan Bhawan, J.N.Marg, Kharvel Nagar, Bhubaneswar-751001 Pan No. : Aabcp 3276 D (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) & Cross Objection No.10/Ctk/2020 (Arising Out Of Ita No.354/Ctk/2019) (ननधाारण वषा / Assessment Year :2012-2013) M/S Paradeep Phosphates Limited, Vs Dcit, Corporate Circle-1(2), Bayan Bhawan, J.N.Marg, Kharvel Bhubaneswar Nagar, Bhubaneswar-751001 Pan No. : Aabcp 3276 D (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अऩीऱ सं./Ita No.326/Ctk/2019 (ननधाारण वषा / Assessment Year :2012-2013) M/S Paradeep Phosphates Limited, Vs Dcit, Corporate Circle-1(2), Bayan Bhawan, J.N.Marg, Kharvel Bhubaneswar Nagar, Bhubaneswar-751001 Pan No. : Aabcp 3276 D (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri A.K.Sabat & B.K.Mahapatra, Cas राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 12/10/2022 घोषणा की तारीख/Date Of Pronouncement : 12/10/2022 आदेश / O R D E R Per Bench :

reassess the appellant, as the AO was in possession of sufficient reasons that income chargeable to tax has escaped assessment is arbitrary, erroneous, bad, both in the eye of law and on facts. c. holding that the contention of the appellant that the and re- assessment proceeding is a mere change of opinion of the learned AO is not valid