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

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

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

business would not per se make it not entitled for getting section 10(23C) approval. Next case law Allahabad Young Men’s Christian Association 2015 371 ITR 23 (All.) and CP Vidya Niketan Inter College Vs. Union of India dated 16/10/2012 has also adopted the very reasoning for deciding this section 10(23C)(vi) issue in assessee’s favour

ACIT, BHUBANESWAR vs. M/S. NEELACHAL GRAMYA BANK, BHUBANESWAR

In the result, appeal filed by the revenue and cross objection

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

147 of the Act and during the course of the reassessment proceedings, the assessee appeared from time to time and also filed: a. Audited accounts along with Audit Report and b. Tax Audit Report u/s.44AB of the Act for the Assessment Year 2008-09 and explained/submitted to the learned Assessing Officer that since the aforesaid "provision for doubtful debts

OMM DHANA LAXMI JEWELLERS,ANGUL vs. PCIT, INCOME TAX

In the result, appeal of the assessee stands allowed

Bench: Shri George Mathan & Manish Agarwalassessment Year : 2013-14 M/S. Omm Dhanalaxmi Vs. Pr. Cit, Bhubaneswar-1. Jewellers, Bazar Chowk, Main Road, Angul-759122 Pan/Gir No.Aagfd 8791 D (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Adv Revenue By : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 23/9/2024 Date Of Pronouncement : 23/9/2024 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld Pr.Cit, Bhubaneswar-1 U/S.263 Of The Act Dated 30.3.2024 For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds: “1) That The Ld. Pr Cit Bhubaneswar Has Erred In Law By Utilizing Section 263 For Directing The Assessing Officer To Do Necessary Verification As Per The Order Of Hon'Ble Itat Cuttack Bench Vide Order Dated 01-10-2019 Which Was Already Barred By Limitation. Provisions Of 263 Does Not Allow To Proceed For A Matter Which Was Already Barred By Limitation. Hence, The Order Passed Us 263 Needs To Be Quashed In To.

business sources. The assessee is directed to cooperate with the AO for above examination and verification. Needless to say that reasonable opportunity of being heard be given to the assessee.” P a g e 9 | 17 Assessment Year : 2013-14 10. Thereafter, the Assessing Officer has passed the order u/s. 254 of the Act dated 22.6.2021 wherein the income

INCOME TAX OFFICER, WARD-1, JHARSUGUDA, AAYAKAR BHAWAN, JHARSUGUDA vs. HIRAKHAND TRANSPORT AND MULTI PURPOSE CO-OPERATIVE SOCIETY LTD., BRAJARAJ NAGAR

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.282/Ctk/2024 (ननधाारण वषा / Assessment Year : 2015-2016) Ito, Ward-1, Jharsuguda Vs Hirakhand Transport & Multi Purpose Cooperative Society Pvt. Ltd., At-Chingriguda, Bijapara, R Kudopali, Brajrajnagar, Jharsuguda-768216 Pan No. :Aaaah 5874 Q & प्रत्याक्षेऩ सं/Cross Objection No.04/Ctk/2024 (Arising Out Of Ita No.282/Ctk/2024) (ननधाारण वषा / Assessment Year : 2015-2016) Hirakhand Transport & Multi Vs Ito, Ward-1, Jharsuguda Purpose Cooperative Society Pvt. Ltd., At-Chingriguda, Bijapara, R Kudopali, Brajrajnagar, Jharsuguda-768216 Pan No. :Aaaah 5874 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Anil Kumar Agrawala, Ca राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 04/09/2024 घोषणा की तारीख/Date Of Pronouncement : 04/09/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 15.05.2024, Passed In Din & Order No.Itba/Nfac/S/250/2024- 25/1064895008(1) For The Assessment Year 2015-2016, On The Following Grounds Of Appeal :-

business of coal for MCL and the assessment was completed u/s.143(3) of the Act vide order dated 07.12.2017 at a total income of Rs.29,92,380/-. Thereafter based on some report it was gathered that the assessee has made payments to the related party of Rs.5,44,88,752/- but no part of such expenditure was disallowed u/s.40A

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

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

M G MOHANTY,BHUBANESWAR vs. DCIT, CIRCLE-2(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.402/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Years : 2008-2009) वष" M G Mohanty, Vs Dcit, Circle-2(1), Bhubaneswar 5A, Forest Park, Odisha Pan No. :Aaffm 2127 H (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती क" िनधा"रती क" ओर ओर सेसेसेसे /Assessee By िनधा"रती िनधा"रती क" क" ओर ओर : Sh B.K.Mahapatra & Sh. A.K.Sabat, Cas राज"व राज"व क" राज"व राज"व क" क" ओर क" ओर ओर सेसेसेसे /Revenue By ओर : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई क" तारीख / Date Of Hearing : 26/11/2024 घोषणा क" तारीख/Date Of Pronouncement : 26/11/2024 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 01.08.2024, Passed In Appeal No.Cit(A), Bhubaneswar-1/10098/2016-17 Vide Din & Order No.Itba/Nfac/S/250/2024-25/1067224134(1) For The Assessment Year 2017-2018. 2. The Assessee Has Challenged The Appellate Order On The Following Grounds Of Appeal :- 1. That On The Facts & In The Circumstances Of The Case, The Order Of The Learned Commissioner Of Income Tax (Appeals), Nfac [In Short "Cit (Appeals)") Dated 01.08.2024 U/S 250 Of The Income Tax Act. 1961 [In Short "I.T.Act/ "Act] In Dismissing The Appeal Is Against The Principles Of Natural Justice, Contrary To Facts, Unjustified, Arbitrary, Erroneous, Bad, Both In The Eye Of Law & On Facts & Legally Untenable.

business and filed its return of income on 28.09.2008 declaring total income at Rs.17,03,37,650/-. The assessment was completed u/s.143(3) of the Act vide order dated 17.09.2010 at a total income of 10 Rs.17,16,46,790/-. Thereafter notice u/s.147 of the Act was issued and the re-assessment was completed on 28.03.2013 at a total income