TaxTMI 
TaxTMI 
TaxTMI 
2022 (2) TMI 1240
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....gment and order dated 24-04-2019 passed by the High Court (The High Court of Orissa at Cuttack.) in ITA Nos.58- 60/2010 and 62-64/2010. 3. The controversy in the instant case had come up before this Court on the earlier occasion in the form of Civil Appeal No.153 of 1993 when the Appeal was disposed of by this Court on 24.04.1996 with following directions: "With a view to have satisfactory decision on all the questions arising herein, we have proposed the following course to which the counsel for both the parties have agreed. The course suggested is that while the assessee shall ask for a reference against the order dated 19.01.1990 (the substantive order of the Tribunal dismissing the appellants appeal), the Revenue shall ask for refere....
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....said ground?" 5. By order dated 15.01.2003, the third question was answered by the High Court in favour of the assessee and against the Revenue. In so far as first two questions were concerned, the High Court however remanded the matter to the Tribunal and observed as under: "11. Sub-S.(2) of S.254 of the Act stats that the Tribunal while rectifying mistake apparent from the record may amend any order passed by it under sub- S(1). We have already noted that in exercise of that power the Tribunal can only make changes in the original order consequent on the rectification and it cannot go further and deal with the entire appeal afresh. A perusal of the aforesaid substantive order dated 10th May, 1991, would clearly show that in the garb of....
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.... above. While doing so, the Assessing Officer shall take into consideration of the fact that the Question No.3 referred before the Hon'ble High Court has been decided in favour of the assessee. The Assessing Officer shall also take into consideration the provision of Section 11(4A) of the Act which came into effect from 01.04.1984 by Finance Act 1983, as directed by Hon'ble High Court. In view of the above, the matter is restored to the Assessing Officer as mentioned above." 7. By order dated 28.03.2006, the Assessing Officer held that the assessee was not entitled to exemption under Section 11 of the Act. With regard to the second question, it was observed: "As has been discussed earlier, during the previous year assessee has resorted t....
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....basis or not. Hence, we direct both the parties to bring on record whether the accrued income has been assessed by the Revenue in these years are accounted by the assessee in subsequent years or not. We direct both the parties to furnish the required information within a reasonable time. The assessee is specifically directed to cooperate with the Department in getting the material required for the purpose." 10. In response, an affidavit was filed on behalf of the assessee which:- "3. That since then the assessee trust has brought on record the accrued income that has been assessed by the revenue in these years and is accounted in subsequent years. ......... 6. The assessee trust along with its Accounts Officer and the counsel produce....
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.... By a separate order passed on the same day, ITA Nos.78-80 of 2009 directed against the penalty, were also dismissed by the Tribunal. 13. These orders of the Tribunal were subject matter of challenge before the High Court and the challenge was negated by the High Court by its common judgment and order, presently under appeal. The basic issue regarding the method of accounting adopted by the Assessee was dealt with by the High Court in para 12 of its order which reproduced para 6 from the order passed by the Tribunal and reiterated said view. 14. We have heard Mr. Ajay Vohra, Senior Advocate in support of these appeals and Mr. Sanjay Jain, learned Additional Solicitor General for the Revenue. 15. It is quite disturbing that despite speci....