ITAT Cuttack Judgments — January 2022

ACIT, ROURKELA CIRCLE, ROURKELA vs PAWANJAY SPONGE IRON LTD., ROURKELA

ITA 404/CTK/2018[2013-14]Status: Disposed21 Jan 2022AY 2013-14Dismissed

The Tribunal held that the CIT(A) was justified in deleting the addition because the share application money was not received in the relevant assessment year, and therefore, Section 68 of the Income Tax Act was not applicable for that year. The Tribunal also found no merit in the revenue's contention regarding violation of Rule 46A.

SAINT. THOMAS EDUCATIONAL TRUST,JHARSUGUDA vs ITO(EXEMPTION), SAMBALPUR

ITA 169/CTK/2022[2018-19]Status: Heard18 Jan 2022AY 2018-19Partly Allowed

The Tribunal held that it is the duty of the subordinate authority (CIT(E)) to give effect to the order of a superior authority (Tribunal), not the assessee's responsibility to pursue it. The Tribunal restored the issues to the AO for a fresh assessment after the CIT(E) gives effect to the prior Tribunal order.

AJIT KUMAR SETHA,ANGUL vs DCIT, CIRCLE-4(1), BHUBANESWAR

ITA 168/CTK/2022[2019-20]Status: Disposed12 Jan 2022AY 2019-20Partly Allowed

The Tribunal followed the Supreme Court's decision in Checkmate Services Pvt. Ltd., holding that delayed employee contributions to PF and ESI are not allowable. However, the issue was restored to the AO for re-adjudication.

SHRI MAHESH KUMAR AGARWAL,SUNDARGARH vs DCIT, CENTRAL CIRCLE-2, BHUBANESWAR

ITA 382/CTK/2018[2014-15]Status: Disposed10 Jan 2022AY 2014-15Partly Allowed

The Tribunal allowed appeals on legal grounds concerning the limitation period for assessment orders. It also allowed certain grounds on merit, particularly regarding the acceptance of cash and jewellery belonging to the assessee's wife, reversing the CIT(A)'s findings in those instances.

MGM MINERALS LIMITED,BHUBANESWAR vs JCIT, BHUBANESWAR

ITA 420/CTK/2015[2010-11]Status: Disposed5 Jan 2022AY 2010-11Partly Allowed

The Tribunal partly allowed the appeals for AY 2010-11, dismissing the cross-objection. For AY 2012-13, the Revenue's appeal was dismissed, the assessee's appeal was partly allowed, and the cross-objection was dismissed as infructuous. Key issues included the valuation of closing stock, sundry debtors, peripheral development expenses, CSR expenses, and charity donations.

DCIT, BHUBANESWAR vs M/S. MGM MINERALS LTD., BHUBANESWAR

ITA 408/CTK/2015[2010-11]Status: Disposed5 Jan 2022AY 2010-11Partly Allowed

The Tribunal partly allowed the appeals for AY 2010-11, dismissing the cross-objection. For AY 2012-13, the Revenue's appeal was dismissed, the assessee's appeal was partly allowed, and the cross-objection was dismissed as infructuous. Key issues included the valuation of closing stock, sundry debtors, peripheral development expenses, CSR expenses, and charity donations.

MGM MINERALS LTD.,BHUBANESWAR vs DCIT, CORPORATE CIRCLE-1(1), BHUBANESWAR

ITA 278/CTK/2017[2012-13]Status: Disposed5 Jan 2022AY 2012-13Partly Allowed

The Tribunal partly allowed the appeals for AY 2010-11, dismissing the cross-objection. For AY 2012-13, the Revenue's appeal was dismissed, the assessee's appeal was partly allowed, and the cross-objection was dismissed as infructuous. Key issues included the valuation of closing stock, sundry debtors, peripheral development expenses, CSR expenses, and charity donations.