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

u/s 147 of the I.T Act ,1961" 6. The Assessing Officer thereafter issued notice u/s.148(2) of the Act on 6.3.2012 for the assessment year 2007-08 and on 5.3.2012 for the assessment year 2008-09 for reopening the assessment. 7. It is the submission of ld A.R. of the assessee that the assessee had imported raw materials worth Rs.6999.60

M/S BSN JOSHI & SONS LTD,KHURDA vs. ACIT, BHUBANESWAR

In the result, appeal filed by the assessee is allowed

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2003-2004

TDS certificate and on the issue of under disclosure of closing stock of Grade-F coal. Merely having a reason to believe that income has escaped assessment is not sufficient to reopen the assessment beyond four years period as per first proviso to section 147 of the Act. The escapement of income from assessment must also be occasioned

RABINDRA KUMAR MOHANTY,BHUBANESWAR vs. ITO, WARD-2(2), BHUBANESWAR

In the result, Appeal of the assessee in ITANo

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita No.300/Ctk/2016 (नििाारण वषा / Assessment Year :2009-2010) Rabindra Kumar Mohanty, Vs Ito, Ward-2(2), C/O Dr. Basudev Mishra, Bhubaneswar Plot No.3C/1, 1St Floor, Near Raj Bhawan Square, Unit-8, Bhubaneswar- 751012 Pan No. : Abxpm 8506 B (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee : Shri Natabar Panda, Advocate By िाजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr.Dr सुनवाई की तािीख / Date Of Hearing : 26/10/2021 घोषणा की तािीख/Date : 21/12/2021 Of Pronouncement आदेश / O R D E R Per Bench: The Captioned Appeal Filed At The Instance Of Assessee Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax(Appeals)-2, Bhubaneswar (In Short ‘The Cit(A)’), Dated 22.02.2016 For The Assessment Year 2009-2010. 2. This Appeal Itano.300/Ctk/2016 Was Dismissed By This Tribunal Vide Order Dated 30.08.2017 On Account Of Non- Appearance On The Part Of The Assessee. Thereafter The Assessee Took The Matter Before The Hon’Ble High Court & The Hon’Ble High Court In W.P.(C) No.2487 Of 2019, Vide

reassessment proceedings has been made by the ld. AO merely on the basis 9 of audit objection and there is no other tangible material which was not dealt by the ld. AO during the course of assessment proceedings u/s 143(3) of the Act. We find force in the contention made by the Ld. counsel for the assessee. We notice

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.

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

M/S. ALTRADE MINERALS PVT. LIMITED,ROURKELA vs. ACIT,CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR

In the result, appeal of the assessee is partly allowed

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2011-12 M/S. Altrade Minerals Pvt /S. Altrade Minerals Pvt Vs. Asst. Asst. Commissioner Commissioner Of Of Ltd., C/O. Kadmawala & Co., C/O. Kadmawala & Co., Income Tax, Central Circle, Income Tax, Central Circle, C.A., C.A., Budhram Budhram Oram Oram Sambalpur Market, Market, Kachery Kachery Road, Road, Rourkela. Pan/Gir No. No.Aafca 7136 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri M.R.Sahu, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 16/12/20 2024 Date Of Pronouncement : 16/12/20 024

TDS: In view of above discussions including that of judicial precedents, it is requested kindly allow Rs.66,103/-being the interest on tax suffered by the deductor because such interest does not come under the definition of tax as defined u/s.2(43) and it is compensatory in nature and allowable u/s 37 of the I.T Act, 1961. (11). Grounds

M/S. G.N.MOHANTY AND CO.,BHUBANESWAR vs. ITO, WARD-1(2), BHUBANESWAR

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Gargassessment Year: 2007-08 M/S. G.N.Mohanty & Co., Plot Vs. Ito, Ward 1(2), Bhubaneswar. No.2060/2061,2062 S, Samatarpur Chhak, Bhubaneswar. Pan/Gir No.Aaefg 3478 J (Appellant) .. ( Respondent)

TDS credit of Rs.1,74,926/-. So the assessee firm has suppressed balance receipt/income amounting to Rs.11,70,702.99 (Rs.31,58,934. – Rs.19,88,231.01).” P a g e 2 | 5 ITA No. 397/CT K/ 2017 Asse ssment Year: 20 07- 08 7. It was further submitted by ld A.R. of the assessee that no new material had come

PARADEEP PHOSPHATES LIMITED,BHUBANESWAR vs. ACIT, BHUBANESWAR

In the result, both appeals of the assessee and revenue are dismissed

reassessment proceedings for non-deduction of TDS on payments made to non-resident by the assessee for import of goods and also notice u/s.148 of the Act, dated 29.3.2014 and u/s.142(1) of the Act dated 23.05.2014 were issued to the assessee. In compliance, Office Manager (F&A) appeared on behalf of the assessee and case was discussed and filed

DCIT, BHUBANESWAR vs. M/S. PARADEEP PHOSPHATES LIMITED, BHUBANESWAR

In the result, both appeals of the assessee and revenue are dismissed

reassessment proceedings for non-deduction of TDS on payments made to non-resident by the assessee for import of goods and also notice u/s.148 of the Act, dated 29.3.2014 and u/s.142(1) of the Act dated 23.05.2014 were issued to the assessee. In compliance, Office Manager (F&A) appeared on behalf of the assessee and case was discussed and filed

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.

TDS of IICM charges, ,ld. AR submitted that the amount was paid to its holding company i.e. Coal India Ltd. and they have disclosed this income in their returns and since they have paid the taxes provisions are not applicable. We found that the provisions of reassessment u/s.147 of the Act is not substitute to assessment

M/S. BAJRANGBALI STEEL INDUSTRIES PVT. LTD,ROURKLA vs. ACIT, CENTRAL CIRCLE, SAMBALPUR

In the result, appeals of the assessee in IT(SS)A No

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ (तऱाशियाां और अशिग्रहण)/It(Ss)A Nos.31 To 33/Ctk/2022 (ननधाारण वषा / Assessment Year : 2016-2017 To 2018-2019) M/S Bee Pee Rollers Pvt. Ltd., Vs Acit, Central Circle, Sambalpur Lal Building, Kachery Road, Rourkela, Sundergarh, Odisha-769012 Pan No. :Aabcb 3593 P & आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)/It(Ss)A Nos.34 To 39/Ctk/2022 & आयकर अऩीऱ/Ita No.109/Ctk/2022 (ननधाारण वषा / Assessment Year : 2014-2017 To 2020-2021) M/S Bajrangbali Steel Industries Pvt. Vs Acit, Central Circle, Sambalpur Ltd., Lal Building, Kachery Road, Rourkela, Sundergarh, Odisha-769012 Pan No. :Aabcb 3594 L & आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)/It(Ss)A Nos.40 To 44/Ctk/2022 (ननधाारण वषा / Assessment Year : 2014-2015 To 2018-2019) M/S Bajrangbali Re-Rollers Pvt. Ltd. Vs Acit, Central Circle, Sambalpur Lal Building, Kachery Road, Rourkela, Sundergarh, Odisha-769012 Pan No. :Aaccb 6678 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri S.K.Tulsiyan, Advocate With Shri B.K. Tibrewal, Ca & Ms. Nisha Rachh, Ca Shri M.K.Gautam, Pr.Cit(Osd) राजस्व की ओर से /Revenue By : सुनवाई की तारीख / Date Of Hearing : 28/03/2023 घोषणा की तारीख/Date Of Pronouncement : 28/03/2023

TDS was being deducted, returns were filed by the loan creditors and even today, the same continues. It was the submission that the loan creditors also have PAN No., which are still existing and it no more lies in the mouth of the revenue to turn around and say that the transaction is bogus especially when nothing has been done

MAA JAGAT JANANI SEVA TRUST,NAMBIRA vs. ACIT (EXEMPTION CIRCLE), BHUBANESWAR

In the result, appeal of the assessee stands allowed

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2014-2015 2015 Maa Maa Jagat Jagat Janani Janani Seva Seva Vs. Asst. Asst. Commissioner Commissioner Of Of Trust, At- -Nambira, Po: Income Income Tax, Tax, Exemption Exemption Bamebari, Ps: Joda, Dist: Bamebari, Ps: Joda, Dist: Circle, Bhubaneswar Circle, Bhubaneswar Keonjhar Pan/Gir No Pan/Gir No.Aadtm 1575 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.K.Mishra, P.K.Mishra, Adv Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 16/0 07/2024 Date Of Pronouncement : 16/0 /07/2024 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Cit(A), Nfac, Delhi Dated 7.6.2023 In Appeal No.Nfac/2013 Nfac/2013-14/10180318 For The Assessment Year For The Assessment Year 2014-15. 2. Shri P.K.Mishra, P.K.Mishra, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri Sanjay Kumar, Ld Cit Kumar, Ld Cit Dr Appeared For The Revenue.

u/s. 151 of the Income tax Act, 1961, which consists of 10 pages, which are as follows: P a g e 4 | 19 Assessment Year : 2014-2015 P a g e 5 | 19 Assessment Year : 2014-2015 P a g e 6 | 19 Assessment Year : 2014-2015 P a g e 7 | 19 Assessment Year