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 AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement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 AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement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 AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement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 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 AR stated that once 12AA granted and it has not been withdrawn, not granting the approval u/s 10(23C)(vi) does not amount to escapement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,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 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 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

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.

29,831-. In first appeal the Ld CIT(A) has deleted the addition made on account of undervaluation of closing stock, however, sustained other additions of unexplained cash credits and interest thereon. In further appeal by the assessee before the ITAT, the Tribunal vide its order date 1.10.2019 in ITA No.153/CTK/2018, has deleted the addition of Rs.57,00,000/- representing

ITO, KHURDA vs. BULARAM DALAI, KHURDA

In the result, appeal of the Revenue is dismissed

10. It clearly appears from the facts arising out of the records that the A.O. in the instant case has not applied his mind to arrive at the 8 conclusion that income has escaped assessment before accepting the audit objections of the audit team to come to his independent satisfaction before re-opening of the assessment u/s 147/148

M/S BERHAMPUR DEVELOPMENT AUTHORITY vs. ITO, BERHAMPUR

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

10 | 17 Berhampur Development Authority 18. At the time of hearing, ld counsel for the assessee submitted before us that this specific ground was omitted to be taken through oversight and that it was taken on 16.3.2018. It was pleaded that assessee may be permitted to raise the additional ground which goes to the root of the matter and clearly

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) ..

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The introduction of Section 153A of the Act provides a departure 19 ITA Nos.76-81/CTK/2022 from this proceeding. Under Section 153A of the Act, the Assessing Officer

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) ..

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The introduction of Section 153A of the Act provides a departure 19 ITA Nos.76-81/CTK/2022 from this proceeding. Under Section 153A of the Act, the Assessing Officer

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) ..

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The introduction of Section 153A of the Act provides a departure 19 ITA Nos.76-81/CTK/2022 from this proceeding. Under Section 153A of the Act, the Assessing Officer