Nilagiri Engineering Cooperative Society Ltd v. Commissioner Of Income Tax And Others, Reported In (1994) Vol 208 Itr 326 (Orissa

10. 17.07.2019 Heard learned counsel for the petitioner-appellant. 2. By way of this petition, the petitioner/assessee has challenged the order dated 25.04.1994 in ITA No.418/CTK/1998 and order dated 08.11.1994 in R.A. No.28/CTK/1994 passed by the learned Income Tax Appellate Tribunal, Cuttack Bench, Cuttack. 3. This Court admitted this appeal on 01.05.2011 on the following issues: (a)Whether on the facts and in the circumstances of the case and on a true interpretation of S. 80P (2) (a)(iv) of the I.T. Act the assessee was righty denied the benefit of exemption enacted in that section ? case and on a true interpretation of S. 80P (2) (a)(iv) of the I.T. Act the assessee was righty denied the benefit of exemption enacted in that section ? (b)Whether on the facts and in the circumstances of the case and on a true construction of the bye-laws and the allied documents, the Tribunal was right in holding that the Government of Orissa could not be deemed to be a member of the assessee society during the previous year under consideration ? case and on a true construction of the bye-laws and the allied documents, the Tribunal was right in holding that the Government of Orissa could not be deemed to be a member of the assessee society during the previous year under consideration ? 4. Learned counsel for the respondent states that the issue is covered by the decision of this Court in the case of Nilagiri Engineering Cooperative Society Ltd. vs. Commissioner of Income Tax and others, reported in (1994) Vol 208 ITR 326 (Orissa). 5. Taking into consideration the fact that the issue involved in this appeal is covered by the decision in the case of SKJ Nilagiri Engineering Cooperative Society Ltd. (supra), the present SJC is disposed of in terms of said judgment. All the connected Misc. Cases/I.As are disposed of accordingly. Urgent certified copy of this order be granted on proper application. .…….......……………( K.S. Jhaveri ) Chief Justice ……………..……… (K.R. Mohapatra) Judge