DURGA DUTTA SUBUDHI,PURI vs. ITO, WARD PURI

In the result appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.552/Ctk/2024 (नििाारण वर्ा / Assessment Year : 2017-2018) Durga Dutta Subudhi Vs Ito, Ward Puri. Badasankha, Grand Road, Puri Pan No. :Acxps 7943 P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Nishanth Rao, B Sr.Dr सुनवाई की तारीख / Date Of Hearing : 15/07/2025 घोषणा की तारीख/Date Of Pronouncement : 15/07/2025

business, however, intimation came to be issued u/s.143(1) of the Act 2 assessing the income of the assessee under the head income from house property as the TDS

KALPANA MISHRA,BHUBANESWAR vs. ITO, WARD 5(4), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.491/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Year : 2016-2017) वष" Kalpana Mishra, Vs Ito Ward-5(4), Bhubaneswar Plot No.B-87/A, Chandaka Industrial Estate, Patia, Bhubaneswar-751024 Pan No. :Alfpm 2864 E (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती िनधा"रती क" िनधा"रती िनधा"रती क" क" ओर क" ओर ओर सेसेसेसे /Assessee By ओर : Shri B.R.Pattnaik, Ca राज"व राज"व क" राज"व राज"व क" क" ओर क" ओर ओर सेसेसेसे /Revenue By ओर : Shri S.C.Mohanty, Sr. Dr सुनवाई क" तारीख / Date Of Hearing : 28/01/2025 घोषणा क" तारीख/Date Of Pronouncement : 28/01/2025 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 07.03.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1062168195(1) For The Assessment Year 2016-2017, On The Following Grounds :- 1. Hon'Ble Cit(Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of The Learned Ao Even Though The Learned Ao Has Exceeded His Jurisdiction In A Limited Scrutiny Case Selected Under Cass Only To Examine Whether The Investment & Income Relating To Securities Transactions Are Duly Disclosed Or Not & Added A Sum Of Rs.44,00,000.00 U/S 68 Of The Income Tax Act, 1961, Without Obtaining Prior Administrative Approval Of The Concerned Pr. Cit/Cit As Prescribed In Circular F. No. 225/402/2018/Ita.Ii, Dated 28- 11-2018 & Instruction No.5/2016 [F.No.225/269/2015-

business or profession", it is essential to know the manner of disclosure of investment/accounting relating to listed shares and securities transactions 3.1.20. Accordingly, the direction was issued in this 'limited scrutiny' to examine whether the investment and income relating to securities transactions are duly disclosed. 3.1.21. The 'limited scrutiny' was never initiated to examine the source of investment otherwise specific

RABINDRA KUMAR MOHANTY,BHUBANESWAR vs. ITO, WARD-2(2), BHUBANESWAR

In the result, Appeal of the assessee in ITANo

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita No.300/Ctk/2016 (नििाारण वषा / Assessment Year :2009-2010) Rabindra Kumar Mohanty, Vs Ito, Ward-2(2), C/O Dr. Basudev Mishra, Bhubaneswar Plot No.3C/1, 1St Floor, Near Raj Bhawan Square, Unit-8, Bhubaneswar- 751012 Pan No. : Abxpm 8506 B (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee : Shri Natabar Panda, Advocate By िाजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr.Dr सुनवाई की तािीख / Date Of Hearing : 26/10/2021 घोषणा की तािीख/Date : 21/12/2021 Of Pronouncement आदेश / O R D E R Per Bench: The Captioned Appeal Filed At The Instance Of Assessee Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax(Appeals)-2, Bhubaneswar (In Short ‘The Cit(A)’), Dated 22.02.2016 For The Assessment Year 2009-2010. 2. This Appeal Itano.300/Ctk/2016 Was Dismissed By This Tribunal Vide Order Dated 30.08.2017 On Account Of Non- Appearance On The Part Of The Assessee. Thereafter The Assessee Took The Matter Before The Hon’Ble High Court & The Hon’Ble High Court In W.P.(C) No.2487 Of 2019, Vide

income and taxability instead of giving credit of part of TDS, particularly when, the total TDS is well within his knowledge, while completing the Assessment. 8. For that, the learned C.I.T(A) as well as the leaned A.O. have committed gross error in computing the interest U/s.234B of the Act before giving credit of TDS. The impugned computation of interest

TRIJAL ENTERPRISES,BHUBANESWAR vs. ACIT, CIRCLE- 4(1), BHUBANESWAR

Bench: S/Shri George Mathan & Arun Khodpiaassessment Year : 2016-17 Trijal Enterprises, Hall No.6, Vs. Acit, Circle-4(1), Fourth Floor, Bmc Bhawani Bhubaneswar Coom. Complex, Saheed Nagar, Bhubaneswar. Pan/Gir No.Aakft 6687 L (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra,Ca P.K.Panda, Ars Revenue By : Shri M.K.Gautam, Cit Dr Date Of Hearing : 15/11/2022 Date Of Pronouncement : 15/11/2022 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar Dated 22.6.2020 In Appeal No.0366/2018-19 For The Assessment Year 2016-17. 2. It Was Submitted By Ld Ar That The Assessee Is A Partnership Firm. The Partnership Firm Was Originally Constituted By Partnership Deed Dated 1.11.2015, Wherein, There Were Two Partners Namely; Shri Rajesh Polaki & Sri Malchit Chetan Kumar Patra. The Said Partnership Did Not Do Any Business. The Partnership Was Constituted For The Purpose Of Doing The Business Of Gold Jewellery. The Partnership Was Reconstituted On 1.3.2016, P A G E 1 | 37 Assessment Year : 2016-17

business receipts. The receipts on account of sale of earlier investments are credited on a given day and on the same day, equivalent amount is invested in the assessee firm. Thus there are circulating funds leading to grave doubts about the genuineness of the transactions in question. vii.) The Id. AR of the assessee has over emphasized the fact

DCIT, CORPORATE CIRCLE-1(2), BHUBANESWAR vs. M/S. ORISSA HYDRO POWER CORPORATION LTD., BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

M/S. ODISHA HYDRO POWER CORPORATION LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

M/S. ODISHA HYDRO POWER CORPORATON LTD.,BHUBANESWAR vs. ACIT, BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

DCIT, CIRCLE-1(1), BHUBANESWAR, BHUBANESWAR vs. M/S. ORISSA HYDRO POWER CORPORATION LTD., BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

DCIT, BHUBANESWAR vs. M/S. ORISSA HYDRO POWER CORPORATION LTD., BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

ACIT, BHUBANESWAR vs. ORISSA HYDRO POWER CORPORATION LTD., BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

DCIT, CIRCLE-1(1), BHUBANESWAR, BHUBANESWAR vs. M/S. ORISSA HYDRO POWER CORPORATION LTD., BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

M/S. ODISHA HYDRO POWER CORPORATION LIMITED,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBAN\ESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

M/S. ODISHA HYDRO POWER CORPORATION LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

M/S. ODISHA HYDRO POWER CORPORATION LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR vs. M/S. ORISSA HYDRO POWER CORPORATION LTD., BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

M/S. ODISHA HYDRO POWER CORPORATION LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeals of the revenue as well as the assessee are partly allowed for statistical purposes

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpia

business and the Income Tax Department cannot interfere in such decisions. GRIDCO is the major customer of the assessee and as per the Power Purchase Agreement entered with GRIDCO by the assessee, as approved by OERC, prompt payment rebates are allowable on payments made by GRIDCO on current bills if paid within a specified time period of presentation. The observation

M/S. PKM-CRS(JV),BHUBANESWAR vs. ITO,WARD-1, BALASORE, BALASORE

In the result, appeals of the assessee stand partly allowed

Bench: Before Shri George Mathan, Judicialita Nos.58 & 59/Ctk/2023 23 Assessment Years :2009-10 & 2011 10 & 2011-12 M/S.Pkm-Crs Crs (Jv), (Jv), Vs. Income Tax Officer, Ward Income Tax Officer, Ward-1, Azimabad, Balasore Azimabad, Balasore Balasore. Pan/Gir No. Pan/Gir No.Aaaap 7451 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri Sunil Mishra/ Shesha Hahdev Das , Ars Revenue By : Shri Kishore Chandra Mohanty, Sr Dr Mohanty, Sr Dr Date Of Hearing : 19/05 5/2023 Date Of Pronouncement : 19/0 /05/2023 O R D E R

TDS made by South Eastern Railway, Kolkata. It was the submission that as the income has already been offered by Shri Chita Ranjan Swain in respect of the contract work executed by him as a sub-contractor of the assessee and as there was no expenditure in the hands of the assessee, no income could be assessed in the hands

M/S. PKM-CRS(JV),KHURDA vs. ITO,WARD-1, BALASORE, BALASORE

In the result, appeals of the assessee stand partly allowed

Bench: Before Shri George Mathan, Judicialita Nos.58 & 59/Ctk/2023 23 Assessment Years :2009-10 & 2011 10 & 2011-12 M/S.Pkm-Crs Crs (Jv), (Jv), Vs. Income Tax Officer, Ward Income Tax Officer, Ward-1, Azimabad, Balasore Azimabad, Balasore Balasore. Pan/Gir No. Pan/Gir No.Aaaap 7451 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri Sunil Mishra/ Shesha Hahdev Das , Ars Revenue By : Shri Kishore Chandra Mohanty, Sr Dr Mohanty, Sr Dr Date Of Hearing : 19/05 5/2023 Date Of Pronouncement : 19/0 /05/2023 O R D E R

TDS made by South Eastern Railway, Kolkata. It was the submission that as the income has already been offered by Shri Chita Ranjan Swain in respect of the contract work executed by him as a sub-contractor of the assessee and as there was no expenditure in the hands of the assessee, no income could be assessed in the hands

ABHISEK EDUCATIONAL AND CHARITABLE TRUST,BHUBANESWAR vs. INCOME TAX OFFICER, EXEMPTION WARD, BHUBANESWAR, PRATYAKSHA KAR BHAWAN,

In the result, appeal of the assessee stands partly allowed for statistical purposes

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2017-18 Abhisek Abhisek Educational Educational & And Vs. Income Income Tax Tax Officer, Officer, Charitable Trust, Mig Charitable Trust, Mig-B-18, Exemption Exemption Ward, Ward, Nayapalli, Bhubaneswar Nayapalli, Bhubaneswar Bhubaneswar. Pan/Gir No. No.Aacta 5203 D (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.C.Jena,Ca Revenue By : Shri Charan Dass, Sr Dr , Sr Dr Date Of Hearing : 19/11/20 2024 Date Of Pronouncement : 19/11/20 024 O R D E R Per Bench

TDS had not been allowed in full. It was the submission that as the assessee was not registered u/s.12A of the Act, the income of the assessee is to be assessed as if the assessee was running business