NALCO vs. COMNR.OF INCOME TAX
ITA/133/2012HC Orissa09 May 2022
Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 16Th January, 2024 Appearance : Sri Vipul Kundalia, Adv. Smt. Oindrilla Ghosal, Adv. ...For The Appellant. Sri J.P. Khaitan, Sr. Adv. Sri Sanjoy Bhaumik, Adv. Smt. Swapna Das, Adv. ...For The Respondent. 1. Heard Sri Vipul Kundalia, Learned Senior Standing Counsel For The Appellant/Revenue & Sri J.P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjoy Bhaumik & Smt. Swapna Das, Learned Advocates For The Respondent/Assessee. 2. This Appeal Was Admitted By This Court By An Order Dated 30.11.2012 On The Following Substantial Questions Of Law: “1) Whether In View Of The Facts & Circumstances Of The Instant Case The Tribunal Erred By Not Considering That Subsides Which May Be Used Freely
Section 43(6)Section 89
55,052/- as expenditure deductible from income,
which was disallowed by the assessing officer relying
upon a decision of the Hon’ble Supreme Court in the case
of Enterprising Enterprises v. Deputy Commissioner of
Income Tax, reported in (2007) 293 ITR 437. Aggrieved by
the aforesaid disallowance made by the assessing officer,
the respondent/assessee filed an appeal before the
Commissioner
