M/S BHARAT COOKING COAL LTD ,DHANBAD vs. ACIT CIR-1 , DHANBAD

Bench: Hon'Ble Itat - By It Department Si No.

depreciation - covereed by ITAT order Dt. 31.03.2023 of AY 2008-09 u/s 143(3) 263/143(3) 147/143(3) 2,30,09,91,962 3 Contractual Expenses unpaid liability disallowed 29,00,32,000 5 Expense relating to exempt

ACIT CIR-1 , DHANBAD vs. M/S BHARAT COOKING COAL LTD , DHANBAD

Bench: Hon'Ble Itat - By It Department Si No.

depreciation - covereed by ITAT order Dt. 31.03.2023 of AY 2008-09 u/s 143(3) 263/143(3) 147/143(3) 2,30,09,91,962 3 Contractual Expenses unpaid liability disallowed 29,00,32,000 5 Expense relating to exempt

M/S BHARAT COOKING COAL LTD ,DHANBAD vs. ACIT CIR-1 , DHANBAD

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am आयकर अपील सं./Ita Nos.291,293,294/Ran/2017 (A.Y :2009-10, 2011-12 & 2012-13) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Aaacb 7934 M & आयकर अपील सं./Ita Nos.300 & 302/Ran/2017 (A.Y :2009-10 & 2011-12) Acit, Circle-1, Dhanbad Vs. M/S Bharat Coking Coal Ltd, Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M & Cross Objection Nos.09 & 11/Ran/2018 (Arising Out Of Ita Nos.300&302/Ran/2017) (Α.Υ :2009-10 & 2011-12) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M (अपीलार्थी / Appellant) (प्रत्यर्थी / Respondent) निर्धारिती की ओर से /Assessee By : Shri M.K.Chowdhary & Shri Devesh Poddar, Advocates राजस्व की ओर से /Revenue By : Shri Rajib Jain, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 06/01/2026 : 06/01/2026 घोषणा की तारीख/Date Of Pronouncement Per Bench : आदेश / Order These Are The Cross Appeals Filed By The Assessee & Revenue Against The Separate Orders Passed By The Id.Cit(A), Ranchi/Nfac, Delhi, Dated 20.09.2017 & 19.09.2017 For The Assessment Years 2009-10, 2011- 12 & 2012-13, Respectively. The Assessee Has Also Filed Cross Objections Arising Out Of Appeals Of Revenue For A.Y.2009-2010 & 2011-2012. 2. First, We Shall Take Up The Appeals Of The Revenue Filed For A.Y.2009- 2010 & 2011-2012. Ld. Ar, At The Outset, Filed A Chart Specifying The Issues Involved In The Appeals Of The Revenue, Which Reads As Follows :- Bharat Coking Coal Limited, Dhanbad Pan: Aaacb7934M Additions Disputed In Appeal Before Hon'Ble Itat - By It Department Si No.

depreciation - covereed by ITAT order Dt. 31.03.2023 of AY 2008-09 u/s 143(3) 263/143(3) 147/143(3) 2,30,09,91,962 3 Contractual Expenses unpaid liability disallowed 29,00,32,000 5 Expense relating to exempt

M/S CHURCH SCHOOL,JAMSHEDPUR vs. ACIT, JAMSHEPUR

In the result, the appeal of assessee being ITA No

Exemption, Jamshedpur Appellant Vs. M/s. Church School Respondent For the Appellant : Shri Anshul Ringasia, Advocate, ld. AR For the Respondent : Shri P.K. Mondal, JCIT, ld.Sr.DR Date of hearing : 28-02-2018 Date of pronouncement : 16-05-2018 ORDER Shri S.S. Viswanethra Ravi, JM: Above two appeals by the Assessee & Revenue are against the common order

ACIT vs. M/S XAVIER INSTITUTE OF SOCIAL SERVICE,

In the result, appeal filed by the revenue is dismissed

Bench: Shri N.S Saini & Pavan Kumar Gadaleassessment Year: 2009-2010

exemption u/s.10(23C)(vi) the addition made under this head is difficult to be sustained in appeal and, therefore, this addition is directed to be deleted. Accordingly, this ground of appeal of the assessee is allowed.” 8. Before us, ld D.R. relied on the order of the Assessing Officer. 9. On the other hand, ld A.R. supported the order

M/S BHARAT COOKING COAL LIMITED ,DHANBAD vs. ACIT CIR-1 , DHANBAD

In the result, both appeals of revenue and the cross objections of the assessee are dismissed and appeals of assessee in ITA No

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am आयकर अपील सं./Ita Nos.291,293,294/Ran/2017 (A.Y :2009-10, 2011-12 & 2012-13) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Aaacb 7934 M & आयकर अपील सं./Ita Nos.300 & 302/Ran/2017 (A.Y :2009-10 & 2011-12) Acit, Circle-1, Dhanbad Vs. M/S Bharat Coking Coal Ltd, Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M & Cross Objection Nos.09 & 11/Ran/2018 (Arising Out Of Ita Nos.300&302/Ran/2017) (A.Y :2009-10 & 2011-12) M/S Bharat Coking Coal Ltd, Vs. Acit, Circle-1, Dhanbad Finance Directorate, Koyla Bhawan, Koyla Nagar, P.O.Bccl, Township, Dhanbad-826005 स्थायी लेखा सं./Pan No. : Acb 7934 M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee By : Shri M.K.Chowdhary & Shri Devesh Poddar, Advocates राजस्व की ओर से /Revenue By : Shri Rajib Jain, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 06/01/2026 घोषणा की तारीख/Date Of Pronouncement : 06/01/2026 आदेश / O R D E R Per Bench : These Are The Cross Appeals Filed By The Assessee & Revenue Against The Separate Orders Passed By The Ld.Cit(A), Ranchi/Nfac, Delhi, Dated 20.09.2017 & 19.09.2017 For The Assessment Years 2009-10, 2011-

depreciation has already been adjudicated in the assessee’s own case by the coordinate bench of the Tribunal, respectfully following the observations of the coordinate bench of the Tribunal and for the identical reasons, the order of the ld. CIT(A) stands upheld and the issue is held in favour of the assessee and against the revenue. 5. Next issue

DEVPRABHA CONSTRUCTION PRIVATE LTD.,,DHANBAD vs. PCIT, DHANBAD

In the result, this appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay(Virtual Hearing) Devprabha Construction Private Ltd., P.C.I.T., Dev Villa, Behind Radha Swamy Arcade, Dhanbad, Vs. Saraidhela, Dhanbad-828127. Aayakar Bhawan, Luby Pan No. Aaecb 2652 A Circular Road, Dhanbad-826001 (Jharkhand) Appellant/ Assessee Respondent/ Revenue

Depreciation on Plant & Machinery has been claimed at 30% instead of 15% as the same were self used. 3. That with respect to the issue that is Hire Charges was paid to 7 persons on whom TDS was not deducted, PCIT observed that the Ld AO has conducted enquiry in case of 5 entities and overlooked to conduct any enquiry

ITO (EXEMPTIONS), JAMSHEDPUR vs. JYOTI PUNJ EDUCATIONAL AND WELFARE SOCIETY, JAMSHEDPUR

In the result, the appeal filed by the revenue is dismissed

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

Exemption), Ward-JSR Vs Jyoti Punj Educational & Welfare Society PAN: AAATJ3766G (APPELLANT) (RESPONDENT) Appellant/department by : Shri P.K. Mondal, JCIT, ld. Sr.DR Respondent/assessee by : None appeared Date of Hearing : 10-01-2019 Date of Pronouncement: 22 -02-2019 ORDER PER BENCH: The captioned appeal filed by the revenue, pertaining to assessment year 2005- 06, is directed against the order passed

S S CHARITABLE TRUST,DUMKA vs. CIT APPEAL, RANCHI

In the result, the appeal of the assessee-trust stands allowed

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.49/Ran/2022 Assessment Year: 2016-17 S S Charitable Trust..….…..…………..…...…......................……...…..….. Appellant S S Vidya Vihar School, New Kumar Para, Near Dudhani Rasikpur, Asharam Road, Jharkhand-814110. [Pan: Aafts1387R] Vs. Ito, Exemption Ward, Ranchi…………………….……….…………….. Respondent Appearances By: Shri Devesh Poddar, Adv., Appeared On Behalf Of The Appellant. Shri Pranob Kumar Koley, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 02, 2023 Date Of Pronouncing The Order : April 28, 2023 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee-Trust Against The Order Dated 30.03.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

exempt accepting the Form 10, 5. On the facts and the circumstances of the case Ld. CIT(A) was not justified in sustaining the interest levied u/s 234 of the Income Tax Act by the ld Assessing Officer. 6. Any other grounds of appeal, if any, will be urged at the time of hearing.” 3. The brief facts

M/S ADITYA BIRLA CHEMICALS INDIA LTD.,PALAMAU vs. ACIT, RANCHI

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

depreciation thereon. Accordingly, it would be reasonable to allow the ISO expenses being certification expenses as revenue item and delete the disallowance in this regard. Reliance in this regard is placed on the case of Lubi Submersible Ltd., in ITA No. 1179/Ahd/2007 for A.Y.2004-2005 dated 26-2-2010 wherein the Hon’ble Tribunal had allowed similar claim by holding that

ACIT, RANCHI vs. M/S ADITYA BIRLA CHEMICALS INDIA LTD., PALAMAU

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

depreciation thereon. Accordingly, it would be reasonable to allow the ISO expenses being certification expenses as revenue item and delete the disallowance in this regard. Reliance in this regard is placed on the case of Lubi Submersible Ltd., in ITA No. 1179/Ahd/2007 for A.Y.2004-2005 dated 26-2-2010 wherein the Hon’ble Tribunal had allowed similar claim by holding that

ACIT, RANCHI vs. M/S M/S ADITYA BIRLA CHEMICALS INDIA LTD., PALAMAU

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

depreciation thereon. Accordingly, it would be reasonable to allow the ISO expenses being certification expenses as revenue item and delete the disallowance in this regard. Reliance in this regard is placed on the case of Lubi Submersible Ltd., in ITA No. 1179/Ahd/2007 for A.Y.2004-2005 dated 26-2-2010 wherein the Hon’ble Tribunal had allowed similar claim by holding that

M/S ADITYA BIRLA CHEMICALS INDIA LTD.,PALAMAU vs. ACIT, RANCHI

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

depreciation thereon. Accordingly, it would be reasonable to allow the ISO expenses being certification expenses as revenue item and delete the disallowance in this regard. Reliance in this regard is placed on the case of Lubi Submersible Ltd., in ITA No. 1179/Ahd/2007 for A.Y.2004-2005 dated 26-2-2010 wherein the Hon’ble Tribunal had allowed similar claim by holding that

ACIT, RANCHI vs. M/S M/S ADITYA BIRLA CHEMICALS INDIA LTD., PALAMAU

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

depreciation thereon. Accordingly, it would be reasonable to allow the ISO expenses being certification expenses as revenue item and delete the disallowance in this regard. Reliance in this regard is placed on the case of Lubi Submersible Ltd., in ITA No. 1179/Ahd/2007 for A.Y.2004-2005 dated 26-2-2010 wherein the Hon’ble Tribunal had allowed similar claim by holding that

M/S ADITYA BIRLA CHEMICALS INDIA LTD.,PALAMAU vs. ACIT, RANCHI

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

depreciation thereon. Accordingly, it would be reasonable to allow the ISO expenses being certification expenses as revenue item and delete the disallowance in this regard. Reliance in this regard is placed on the case of Lubi Submersible Ltd., in ITA No. 1179/Ahd/2007 for A.Y.2004-2005 dated 26-2-2010 wherein the Hon’ble Tribunal had allowed similar claim by holding that

ACIT CIR-1 , DHANBAD vs. M/S BHARAT COOKING COAL LTD , DHANBAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Sri Rajesh Kumar & Sonjoy Sarma

depreciation is not considered. Ground of appeal is allowed.” 5. After hearing rival contentions and perusing the material on record, we observe that the issue is repetitive in nature and the assessee has been claiming the expenditure right from AY 1998- 99 till AY 2012-13 which have been allowed by the Revenue. We note that

ACIT CIR-1 , DHANBAD vs. M/S BHARAT COOKING COAL LTD , DHANBAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Sri Rajesh Kumar & Sonjoy Sarma

depreciation is not considered. Ground of appeal is allowed.” 5. After hearing rival contentions and perusing the material on record, we observe that the issue is repetitive in nature and the assessee has been claiming the expenditure right from AY 1998- 99 till AY 2012-13 which have been allowed by the Revenue. We note that