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

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

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

Appeals are allowed in above terms

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

reassessment order u/s 147 on 26/03/2013, which is barred by limitation, as contended by :- 49 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur the assessee. Referring to the Written Synopsis, the ld. AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8, 10

DEPUTY COMMISSIONER OF INCOME TAX, CENTAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8, 10

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8, 10

DEPUTY COMMISSIONER OF INCOME TAX, CENTAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8, 10

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

10. Further, it is trite law that the reasons, as recorded for reopening the reassessment, are to be examined on a standalone basis to determine the validity of proceedings under section 147 of the Act. In this regard, it is relevant to note the following observation of Hon'ble Jurisdictional High Court in Hindustan Lever Ltd. vs R.B.Wadkar

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.

section 147 for the reason for failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for that assessment year. The total quantum income escaped is prima facie calculated at Rs.20,00,000/-“ 4. After that the reassessment order was passed on 29.09.2021 by making addition