Ita/34/2018 Of Principal Commissioner Of Income Tax v. Paradip Port Trust

Order No. 05. IN THE HIGH COURT OF ORISSA AT CUTTACK ITA No.34 of 2018 …. Principal Commissioner of Income Appellant Tax, Cuttack Mr. R. Chimanka, Sr. Standing Counsel along with A. Kedia, Jr. Standing Counsel -versus- …. Respondent Paradeep Port Trust Mr. R.V. Easwar, Senior Advocate assisted by Ms. Rubal Bansal, Advocate; Ms. Ananya Rath, Advocate and Mr. Ashutosh Mohanty, Advocate CORAM: THE CHIEF JUSTICE JUSTICE M.S. RAMAN ORDER 05.01.2023 1. This appeal by the Revenue is directed against an order dated 24[th]October 2017 of the Income Tax Appellate Tribunal dismissing the Revenue’s appeal i.e., ITA No.121/CTK/2013 for the assessment year 2010-11. 2. Three questions are sought to be urged by the Revenue for consideration by this Court. The first question regarding the deletion of an addition on account of unpaid amount of provisions of the Pension Fund has been answered in favour of the Assessee and against the Revenue by a separate order passed by this Court today in ITA No.90 of 2017 filed by the Revenue. S.K. Guin 3. The second question regarding the deletion of an addition made under the head “Interest Accrued on Investment” also stands answered by the order passed by this Court against the Revenue in ITA No.90 of 2017. 4. The third question regarding depreciation on railways and rolling stock already stands answered against the Revenue by the order passed by this Court today in ITA Nos.64 and 65 of 2012. 5. Consequently, the appeal is dismissed. (Dr. S. Muralidhar) Chief Justice (M.S. Raman) Judge