9911796707
TMI Blog2022 (5) TMI 1672X X X X Extracts X X X X X X X X Extracts X X X X ..... , No. 0014/2019-2020 and No. 0011/2019-2020 for the assessment years 2008-09 to 201011, respectively. 2. ITA Nos. 269, 271 & 273/CTK/2020 are filed by the revenue against the separate orders all dated 22.9.2020 of the ld. CIT(A), Cuttack in Appeal Nos. 0025/2019-2020, 0023/2019-20 and 0019/2019-2020 against the cancellation of penalty levied u/s. 271(1)(c) of the Act in respect of quantum additions made for the assessment years 2008-09 to 2010-2011, respectively. 3. The assessee has also filed cross objections against the revenue's quantum appeals all dated 21.9.2020 in respect of assessment years 200809 to 2010-2011. 4. As all these appeals relate to same assessee, they are being disposed of by this common order for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be mentioned that the adjournment is not a right but it is a liberty granted by the Bench. The frequent taking adjournment clearly shows that it is an abuse of that liberty already granted several times. Consequently, the adjournment sought is refused and the appeals are being disposed of on merits. 8. In the quantum appeals, the revenue has raised the following grounds: "1. That on the facts and circumstance of the case, the Ld. CIT (A) erred in holding that the proceedings u/s. 147 are null and void and the Assessing Officer had no tangible material to form a reason to believe that income had escaped assessment. 2. That on the facts and circumstances of the case, the Ld. CIT (A) erred in holding that there was no illegal mining w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a shown by it in its tax audit report. Ld. CIT (A) has further noted that the AO has failed to take the cognizance of the decision of Hon'ble Supreme Court in the case of Goa Foundation vs Union of India & others, in which the Hon'ble Supreme Court has cast aspersions on the findings of the Hon'ble Justice M.B. Shah Commission report in so far as the report had been made without giving an opportunity to the affected parties to respond. Ld. CIT (A) while quashing the reopening of assessment has given a categorical finding that the AO has accepted information from outside source without subjecting it to critical scrutiny and that the AO's "reason to believe" that income had escaped assessment was not based on an independent application of min ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 37 and in page 14 of his order, has categorically held that the disallowance u/s. 37 would only come into play if the assessee had been penalized under the appropriate sections of the respective statute and if the assessee has claimed this penalty as an expenses in the profit and loss account. Ld. CIT (A) further goes on to hold that the payments made by the assessee to various parties represent genuine business expenditure for mining activities carried out by these parties like raising of iron ore and transportation of the same. He further held that they are neither in the nature of bribes/protection money nor do they suffer from the taint of illegality as no statutory law has been violated by the assessee in the course of incurring this e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of assessment. Consequently, it cannot be said that the AO has not followed the decision of Hon'ble Supreme Court in the case of GKN Driveshafts India Ltd (supra). Consequently, Cross objections filed by the assessee are dismissed. 17. It is also noticed that the cross objections filed by the assessee are delayed by 16 days. The assessee has filed application for condoning the delay, wherein, it is mentioned that the assessee is in Rourkela and the Authorised Representative is in Bhubaneswar and this caused the delay of 16 days in filing of cross objections. The reasons given by the assessee are not convincing. Consequently, the delays in filing the cross objections are not condoned and even on this ground, the cross objections stand di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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