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
7.
We have carefully considered the submissions of learned
counsel for the parties and perused the records of the
appeal.
8.
It is undisputed that the assessee acquired a mining
lease of 9.99 kilometers situated in village- Chittorgarh
for obtaining lime stone used as raw material for
manufacture
of
cement.
To
carry
out
the
mining
operation/business activity, the assessee