COMNR.OF INCOME TAX vs. NEELACHAL ISPAT NIGA

Appeals are dismissed

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

3. The assessee, it appears, had been disallowed such depreciation for earlier years but for the assessment year in question, the Assessing Officer had allowed the depreciation on the goodwill part and for subsequent years without assigning any reason, but it was done otherwise. 4. It is this part of the assessment orders the Commissioner proposed to revise

ASHIRBAD BEHERA vs. ASST.COMMNR.OF INCOME TAX

In the result, the appeal [ITA/7/2020] filed by the

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 27Th February, 2023 Appearance : Mr. Smita Das De, Adv. …For The Appellant. Mr. J.P. Khaitan, Sr. Adv. Mr. Pratyush Jhunjhunwala, Adv. Ms. Swapna Das, Adv. …For The Respondent.. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 18Th May, 2016 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (The Tribunal) In Ita No.665/Kol/2012 & Ita No.325/Kol/2012 For The Assessment Year 2008-09. The Appeal Was Admitted On 12Th December, 2019 On The Following Substantial Question Of Law: “(I) Whether On The Facts & In The Circumstances Of The Case, The Learned Income Tax Appellate Tribunal Erred In Law In Holding That The Assessee Has Sufficient Own Funds, Expenditure By Way Of Interest Are Not To Be Taken In Account

disallowance under section 14A read with Rule 8D(2)(ii) of the Income Tax Act, 1961? (ii) Whether the assessee is entitled to claim the left over portion of depreciation of Rs 9,02,49,544/- being the carry forward figure from the previous year under section 32(1)(iia) of the Income Tax Act, 1961?” We have heard

COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. M/S. ROLAND EDUCATIONAL AND CHARITABLE TRUST

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 148, had recorded the following reasons for reopening: “M/s. Ganesh Ganga Investments Pvt. Ltd., PAN AAACG2710J A.Y. 2010-11 The assessee filed return of income for the A.Y. 2010- 11 on 04.02.2011 declaring loss of Rs.(-) 14,162/-.The return was processed u/s 143(1). Information was forwarded to this office through the Addl. CIT, Range-10, New Delhi

PRINCIPAL COMMISSIONER OF INCOME TAX 1 vs. PARBATI MOHAPATRA

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 148, had recorded the following reasons for reopening: “M/s. Ganesh Ganga Investments Pvt. Ltd., PAN AAACG2710J A.Y. 2010-11 The assessee filed return of income for the A.Y. 2010- 11 on 04.02.2011 declaring loss of Rs.(-) 14,162/-.The return was processed u/s 143(1). Information was forwarded to this office through the Addl. CIT, Range-10, New Delhi

INDUSTRIAL INCUBATOR vs. DY.COMMNR.OF I.T.

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE ADITYA KUMAR MOHAPATRA

3) read with Section 148 of the IT Act, the AO inter alia held that the claim for 100% on aerators, marine water pumps and motors was not justified. 6. The Assessee during the assessment proceedings disclosed that the name of the supply of the aerators, and the notice issued to the suppliers by the AO. The said supplier

M/S.BHASKAR TRADERS vs. ASST.COMMKNR.OF INCOME TAX,BERHAMPUR

The appeals are dismissed

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 2(22)(e) of the Act. Furthermore, similar decisions have been rendered by various High Courts including this Court in Commissioner of Income Tax vs. Raj Kumar, (2009) 318 CTR 462, Commissioner of Income Tax vs. F. Praveen, (2008) 220 CTR 639 (Mad.) etc. ITA 174/2018 & connected matters Page 3 of 4 The lone question urged with respect

NALCO vs. COMNR.OF INCOME TAX

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

3. So far as the afore-quoted substantial question of law no.1 is concerned, we find that this issue has been decided in favour of the revenue and against the assessee by a judgment and order dated 18.12.2023 in ITA No.158/2010 (Commissioner of Income Tax, Kolkata – II, Kolkata Vs. M/s. Birla Corporation Limited). Following the aforesaid judgment, the substantial question