DEPUTY COMMISSIONER OF INCOME TAX( EXEMPTION), BHUBANESWAR, BHUBANESWAR vs. OMC EMPLOYEES GRATUITY FUND TRUST, OMC HOUSE, BHUBANESWAR, KHURDA, ODISHA

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ITA 87/CTK/2026Status: DisposedITAT Cuttack12 May 2026AY 2017-183 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found that the CIT(A) had considered the facts and directed the AO to allow the exemption. The Revenue failed to dislodge these findings.

What were the facts?

The Revenue appealed against the orders of the CIT(A) which allowed exemption to the assessee. The Revenue contended that the wrong section was applied for claiming exemption.

What were the issues?

Whether the exemption granted to the assessee was in accordance with the correct provisions of the Income Tax Act.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK

Before: SHRI GEORGE MATHAN, JM & SHRI RAJESH KUMAR, AM

For Appellant: Shri Satyajit Mishra, AR
For Respondent: Shri Ashim Kumar Chakraborty, DR
Hearing: 12.05.2026Pronounced: 12.05.2026

Per George Mathan, JM:

These are appeals filed by the Revenue against the orders of the Commissioner of Income-tax (Appeals), NFAC & ADDL/JCIT (A)-9, Delhi (hereinafter referred to as the “Ld. CIT(A)”] in appeal no. ITBA/NFAC/S/250/2025-26/1082612415(1) & ITBA/APL/S/250/2025-

2.

Shri Satyajit Mishra, represented on behalf of the assessee and Shri Ashim Kumar Chakraborty, Sr. DR represented on behalf of the Revenue.

3.

It was submitted by the ld. CIT DR that wrong section has been applied for claiming exemption. It was the prayer that the order of the ld. CIT (A) is liable to be reversed and that of the ld. AO be restored.

4.

In reply, the ld. AR vehemently supported the order of the ld. AO and ld. JCIT.

5.

We have considered the rival submission. A perusal of the page no.8 of the order of the ld. JCIT shows that the ld. JCIT has considered the facts and has directed the ld. AO to allow the assessee the exemption. The Revenue has not been able to dislodge any of the finding or facts as arrived in the order of JCIT. Consequently, the order of the ld. JCIT stands upheld.

6.

In the result, the appeals of the Revenue are dismissed.

Order pronounced in the open court on 12.05.2026.

Sd/- Sd/- (RAJESH KUMAR) (GEORGE MATHAN) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) Kolkata, Dated: 12.05.2026 Sudip Sarkar, Sr.PS

Copy of the Order forwarded to: 1. The Appellant 2. The Respondent 3. CIT DR, ITAT, 4. 5. Guard file. BY ORDER, True Copy//

Asst. Registrar Income Tax Appellate Tribunal, Kolkata

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