B.C. BHUYAN CONSTRUCTION PVT. LTD.,BHUBANESWAR vs. DCIT, CORPORATE CIRCLE- 1(1), BHUBANESWAR

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

Bench: Before S/Shri George Mathan, Judicial & Girish Agrawalwalassessment Year : 2014-15 B.C.Bhuyan Construction Pvt B.C.Bhuyan Construction Pvt Vs. Dcit, Corporate Circle Dcit, Corporate Circle - Ltd., Plot No.90, Palasuni, Ltd., Plot No.90, Palasuni, 1(1), Rasulgarh, Bhubaneswar Rasulgarh, Bhubaneswar Bhubaneswar Bhubaneswar Pan/Gir No. Pan/Gir No.Aadcb 3304 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.C.Sethi, Adv Revenue By Revenue By : Shri Saroj Kumar Mahapatra, Saroj Kumar Mahapatra, Pr. Cit Dr Date Of Hearing : 20/07 7/2023 Date Of Pronouncement : 20/0 /07/2023

depreciation at 100% of shuttering materials; ii) Addition u/s.40A(3) from bank statement and impounded material; iii) Bogus labour payments; iv) Bogus expenses shown as sundry creditors and non-deduction of TDS

DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLER-1(1), BHUBANESWAR, BHUBANESWAR vs. M/S.LAND & WATER PROJECTS PVT. LIMITED, BHUBANESWAR

In the result, appeal of the Revenue is dismissed

Bench: Shri S.S.Godara, Jm & Shri L.P. Sahu, Am (Through : Virtual Hearing) आयकर अपीऱ सं./Ita No.424/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Dcit, Corporate Circle-1(1), Vs. M/S Land & Water Projects Bhubaneswar Pvt. Ltd., Plot No.14(W), Ashok Nagar Bhubaneswar-751002 स्थायी ऱेखा सं./Panno. : Aabcl 6312 N (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr ननधााररती की ओर से /Assessee By : Shri P.C.Sethi, Advocate

TDS not deposited), employees contribution to EPF of Rs.1,61,987/- and employee contribution of ESIC of Rs.27,209/- (not paid) in the total income. After test checked of the bills/vouchers produced by the assessee and also verifying the depreciation

M/S. JAGANNATH CHAUDHURY,BHUBANESWAR vs. DCIT, BHUBANESWAR

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अऩीऱ सं./Ita No.66/Ctk/2015 (नििाारण वषा / Assessment Year :2008-2009) M/S Jaganath Chaudhury, 98, Vs. Dcit, Circle-1(1), Kharavela Nagar, Bhubaneswar-751007 Bhubaneswar-751001 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aadfj 8103 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri B.K.Mahapatra, Ar राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तारीख / Date Of Hearing : 27/06/2017 घोषणा की तारीख/Date Of Pronouncement 28/06/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed This Appeal Against The Order Of Cit(A), Bhubaneswar, Dated 5.11.2014 In I.T.Appeal No.0013/13-14, Passed U/S.147/144 Of The Act. The Assessee Has Raised Three Substantial Grounds I.E. (I) Challenging The Validity Of Reopening Of Assessment U/S.147; (Ii) Ld. Cit(A) Has Erred In Confirming The Addition On Interest Income Of Rs.36,56,283/- & (Iii) Ld. Cit(A) Erred In Accepting The Miscellaneous Income Of Rs.5,95,992/- Pertains To Cessation Of Loan Creditors. 2. At The Time Of Hearing, Ld. Ar Has Not Pressed Ground No.1 Regarding Reopening Of Assessment & Made Endorsement To The Grounds Of Appeal.

depreciation, interest and salary to the partners for the impugned Assessment Year. We also uphold the order of the learned CIT(A) directing the Assessing Officer to verify the credit to be given to the assessee on the basis of TDS

M/S. BHAGABATI BUIL & CONSTRUCTION PVT. LTD,CUTTACK vs. PR. CIT-1, BHUBANESWAR

In the result, appeal of the assessee stands allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 M/S. M/S. Bhagabati Bhagabati Build Build & & Vs. Pr. Cit, Constructions Pvt Ltd., At: Constructions Pvt Ltd., At: Bhubaneswar Bhubaneswar-1 Madhupatna, Po: Link Road, Madhupatna, Po: Link Road, Ps:Madhupatna, Cuttack Ps:Madhupatna, Cuttack Pan/Gir No. Pan/Gir No.Aaecb 1801 D (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Sandeep Kumar Jena, Ar Sandeep Kumar Jena, Ar Revenue By : Shri M.K.Gautam, Cit M.K.Gautam, Cit Dr Date Of Hearing : 28/0 02/2023 Date Of Pronouncement : 28/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Cit, Cit, Bhubaneswar Bhubaneswar-1 Dated 27.11.2019 27.11.2019 In Appeal No.Itba/Ast/S/144/2019 Itba/Ast/S/144/2019-20/1021143134(1) For The Assessment Year For The Assessment Year2017- 18. 2. Shri Sandeep Kumar Jena, Ld Ar Appeared For The Assessee & Shri Shri Sandeep Kumar Jena, Ld Ar Appeared For The Assessee & Shri Shri Sandeep Kumar Jena, Ld Ar Appeared For The Assessee & Shri M.K.Gautam ,Ld Cit Dr Appeared For The Revenue. M.K.Gautam ,Ld Cit Dr Appeared For The Revenue.

depreciation) which is at much higher side to the return income. Further in the return of income filed by the appellant an amount of Rs.6,69,6601 had been claimed as refund which is excess payment of tax by way of TDS

RIO TINTO ORISSA MINING PVT. LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeal of the assessee is allowed

TDS of Rs.5039/- has been shown. Thus, the assessee having already set up its business in the year 5 1997-98, even if there is no business receipt during the year under consideration, the expense as per its Profit and Loss account and depreciation

MAHANADI COALFIELDS LTD.,SAMBALPUR vs. DCIT, CIRCLE-2(1), SAMBALPUR

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

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.174/Ctk/2018 (नििाारण वषा / Assessment Year : 2015 - 2016) Mahanadi Coalfields Ltd., Vs. Dcit, Circle-2(1), Sambalpur Jagriti Vihar, Burla, Sambalpur स्थायी ऱेखा सं./Pan No. : Aabcm 5188 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri S.S.Podar, Ca राजस्व की ओर से /Revenue By : Shri S.M.Keshkamat, Citdr सुनवाई की तारीख / Date Of Hearing : 15/01/2020 घोषणा की तारीख/Date Of Pronouncement : 05/06/2020 आदेश / O R D E R Per L.P.Sahu, Am :

Depreciation on Lease hold land 27491.00 2. Valuation of closing stock of coal (due 11840.00 to impact of overburden removal expenditure) 3. CSR Expenses 6130.00 4. CMPDIL Expenses 2029.00 5. Addition u/s.14A 576.90 6. Interest on Income tax refund 1692.00 TOTAL 49758.90 4. That the Ld. Authorities below has further erred in allowing short credit of TDS

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION

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

TDS has also been deducted during the assessment year 2007-08. This being so, it is directed that the income from GRIDCO bond is to be assessed in the year in which same is received by the assessee i.e. for the assessment year 2007-08. Consequently, this issue is held in favour of the assessee. EXCESS CLAIM OF DEPRECIATION