THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, DIBRUGARH. vs. OIL INDIA LTD., DIBRUGARH

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04 as the “lead” case raising the following substantive grounds:- ITA No.120-123/G/2008

OIL INDIA LTD.,DIBRUGARH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2, DIBRUGARH

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04 as the “lead” case raising the following substantive grounds:- ITA No.120-123/G/2008

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, DIBRUGARH vs. OIL INDIA LTD., DIBRUGARH

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04 as the “lead” case raising the following substantive grounds:- ITA No.120-123/G/2008

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, DIBRUGARH vs. OIL INDIA LTD., DIBRUGARH

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04 as the “lead” case raising the following substantive grounds:- ITA No.120-123/G/2008

OIL INDIA LTD.,,DIBRUGARH vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, DIBRUGARH.

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04 as the “lead” case raising the following substantive grounds:- ITA No.120-123/G/2008

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, DIBRUGARH. vs. OIL INDIA LTD., DIBRUGARH

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 80IB for the assessment years 2003-04 and 2004-05 and benefit u/s. 80IC for the assessments years 2005-06 and 2006-07 are to be allowed.” 5. Learned senior standing counsel seeks us to treat the Revenue’s appeal ITA No.120/Gau/2008 for assessment year 2003-04 as the “lead” case raising the following substantive grounds:- ITA No.120-123/G/2008

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI vs. FORTUNE VANIJYA PRIVATE LIMITED, GUWAHATI

In the result both the appeal of the Revenue and the cross objections of the assessee stands partly allowed

Bench: Shri P.M. Jagtap, Hon’Ble V.P (Kz) & Shri A. T. Varkey, Jm]

68 of the Act in the relevant AY 2011-12 is held to be unsustainable for want of jurisdiction and is therefore is quashed. The assessee thus succeeds on the first legal challenge raised in the cross objections. Hence, Ground No. 2 of the cross objections stands allowed. 32. As regards the second legal challenge, we have already noted that

NIRJA KHATUWALA,NAGAON vs. INCOME TAX OFFICER, WARD-2, NAGAON

In the result, the appeal of the assessee is allowed

Bench: Shri A. T. Varkey, Jm]

Section 133(6) notice, therefore he drew adverse inference against the assessee against these three creditors. Sl. No. Creditors Amount added (in Rs.) M/s Lhaki Steels and Rolling Pvt. Ltd., 1st Floor, 1. 7,18,920/- RICBL Complex, Phuentsholing, Bhutan, P. B. No. 1 | P a g e Nirja Khatuwala. A.Y. 2014-15 252 2. Bhutan Rolling Mills, Flat

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

JUD CEMENT LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME, CIRCLE - SHILLONG , SHILLONG

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

JUD CEMENT LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME, CIRCLE - SHILLONG , SHILLONG

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

Bench: Shri S.S.Godara & Dr. A.L. Saini

2. Learned senior counsel states at bar that the first assessee M/s SMS Smelters Ltd. no more wishes to press for its four appeals ITA No..93- 96/Gau/2017. The Revenue has not raised any objection. These four assessee’s appeal(s) are dismissed as withdrawn therefore. 3. We now advert to Revenue’s appeal(s) ITA No.91