MANMATHA KUMAR MOHANTY,BHUBANESWAR vs. ITO,WARD-2(1), BHUBANESWAR

In the result, appeal of the assesee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.69/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2023-2024) Manmatha Kumar Mohanty Vs Ito, Ward-2(1), Bhubaneswar Plot N0- 536(P),Rangani, Dakbunglow Chhak, Mahatab Road, Old Town, Bhubaneswar 751002 Pan No. : Aicpm 6515 C (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Chitrasen Parida, Ar राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 22/09/2025 घोषणा की तारीख/Date Of Pronouncement : 22/09/2025

disallowance of TDS by the CPC to an extent of Rs.8,41,372/- on the ground that there is a mismatch

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

disallowances: i) Wrong claim of 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

SMT. POONAM PUJARI,ROURKELA vs. PR. CIT, SAMBALPUR

In the result, appeal of the assessee stands allowed

Bench: Shri George Mathanbefore Member & Manish Agarwal Manish Agarwalassessment Year : 2014-15

TDS u/s.194C of the Act. In the order passed by Pr. CIT u/s.263 of the Act, Ld. Pr. CIT has directed to modify the order by making disallowance

M/S. FAYAJ INFRATECH PVT. LTD.,BHUBANESWAR vs. DCIT, CIRCLE- 1(1), BHUBANESWAR

In the result, appeal of the assessee stands partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2015-16 M/S. M/S. Fayaj Fayaj Infratech Infratech Pvt Pvt Vs. Dcit, Circle 1(1), Aayakar Dcit, Circle 1(1), Aayakar Ltd., C-56, 56, Baramunda Baramunda Bhavan, Bhubaneswar. Bhavan, Bhubaneswar. Housing Housing Board Board Colony, Colony, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcf 6797 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, Ar K.K.Bal, Ar Revenue By : Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. Dr Date Of Hearing : 11 /01 01/2023 Date Of Pronouncement : 11/01 /01/2023 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 Cit(A)-1, Bhubaneswar, 1, Bhubaneswar, Dated 11.12.2019 In Appeal No. In Appeal No. 0509/17-18 For The Assessment Year For The Assessment Year 2015-16. 2. Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. Ld Sr Dr Appeared For The Revenue.

disallowed payment on which the TDS has not been made, at 100%. It was the prayer that the disallowance may be restricted

ASHOK BRICKS INDUSTRIES PRIVATE LIMITED ,BELPAHAR R S vs. ASST COMMISSIONER OF INCOME TAX , ROURKELA CIRCLE

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

TDS and disallowance for such default and on the issue of share premium received. On verification of details submitted by the assessee

MOTWANI CONSTRUCTIONS PVT. LIMITED,KHORDA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assesee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.452/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2013-2014) Motwani Constructions Pvt. Limited Vs Dcit, Circle-1(1), Cuttack At:- Ground Floor, Samabaya Bhawan, Janpath, Khurda 751022 Pan No. : Aagcm 2496 K (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri S.K.Sarangi, Ar राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 24/09/2025 घोषणा की तारीख/Date Of Pronouncement : 24/09/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Ld.Cit(A), National Faceless Appeal Centre(Nfac), Delhi Order Dated 13/08/2025 Passed In Appeal No. Nfac/2012-13/10027542 For The Assessment Year 2013-2014. 2. It Was Submitted By The Ld. Ar That In The Course Of Assessment, The Ao Had Disallowed The Salary Paid To The Director To An Extent Of Rs.15 Lakhs On The Ground That There Is A Delay In Deduction Of Tds & Payment Of The Same To The Credit Of The Government. It Was The Submission That The Returns Of The Directors Have Also Been Filed Wherein The Tds Has Been Claimed & The Credits Have Been Allowed. It Was The Submission That No Disallowance Is Called For In View Of The Decision Of The Hon’Ble

disallowed the salary paid to the director to an extent of Rs.15 lakhs on the ground that there is a delay in deduction of TDs

RADHANATH MOHANTY,BHUBANESWAR vs. PCIT, BHUBANESWAR

In the result, appeal of the assessee stands partly allowed

disallowances have been made. It was submitted that this assessment order was the subject matter of revision by 2 the ld. Pr.CIT, Bhubaneswar-1 u/s.263 of the Act. In the revisionary proceedings ld. Pr.CIT had proposed the following the issues:- i) the interest on the TDS

DCIT, CORPORATE CIRCLE-1(1), BHUBANESWAR vs. M/S. GRIDCO LIMITED, BHUBANESWAR

In the result, appeal of the revenue stands dismissed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year :2010-2011 2011 Dcit, Corporate Circle Dcit, Corporate Circle-1(1), Vs. Grid Corporation Of Orissa Grid Corporation Of Orissa Bhubaneswar Bhubaneswar Ltd., Ltd., Gridco Gridco House, House, Janapath, Bhubaneswar Janapath, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcg 5398 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : S/Shri Ved Jain/P.Venugopal Rao /P.Venugopal Rao, Ars Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 20/0 02/2023 Date Of Pronouncement : 20/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Revenue Against The Order Of The Ld Against The Order Of The Ld Cit(A)-1, Bhubaneswar, 1, Bhubaneswar, Dated 9.5.2016 In Appeal No. In Appeal No.0493/14-15 For The Assessment Year Assessment Year 2010-2011. 2. S/Shri Ved Jain & P.Venugopal Rao, S/Shri Ved Jain & P.Venugopal Rao, Ld Ar Ld Ars Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

disallowance made by the Assessing Officer on account of non Assessing Officer on account of non-deduction of TDS u/s.194J

DR NARAYAN PRASAD DAS MEMORIAL CHARITABLE PUBLIC TRUST,CUTTACK vs. ITO EXEMPTION,CUTTACK, CUTTACK

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Madhusudan Sawdiadr Narayan Prasad Das Memorial Income Tax Officer Charitable Public Trust, At-Tigiria, Po: (Exemption), Cuttack Vs. Tigiria, Dist: Cuttack Pan No.Aaetd 1589 R Appellant/ Assessee Respondent/ Revenue

TDS deducted on the same, etc. No specific disallowances have been pointed out by the Assessing Officer. The adhoc disallowance

PRADEEP KUMAR SAHOO,KUNDI MOHANTYPADA vs. INCOME TAX OFFICER, WARD BHADRAK

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Madhusudan Sawdiadr Narayan Prasad Das Memorial Income Tax Officer Charitable Public Trust, At-Tigiria, Po: (Exemption), Cuttack Vs. Tigiria, Dist: Cuttack Pan No.Aaetd 1589 R Appellant/ Assessee Respondent/ Revenue

TDS deducted on the same, etc. No specific disallowances have been pointed out by the Assessing Officer. The adhoc disallowance

MALAY BISHOI,DABUGAON vs. ITO, JEYPORE WARD, JEYPORE

The appeal of the assessee is partly allowed

Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAJESH KUMAR (Accountant Member)

disallowed by holding that Shree Panigrahi had not deducted TDS u/s.194C of the Act on the payments made to the assessee

BASANTI AUTO AGENCY,BALASORE vs. ACIT, CIRCLE BALASORE, BALASORE

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

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.109/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) Basanti Auto Agency, Vs Acit, Circle-Balasore, Balasore Remuna Golai, Po/Ps: Januganj, Dist: Balasore-756019 Pan No. :Aajts 1630 D (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 26/06/2023 घोषणा की तारीख/Date Of Pronouncement : 26/06/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 31.01.2023, Passed In Din & Oder No.Itba/Nfac/S/250/2022- 23/1049270091(1), For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar Of The Assessee That Two Issues Have Been Raised In The Appeal, One Against The Disallowance Made By Invoking Provisions U/S.40(A)(Ia) Of The Act On The Ground Of Non-Deduction Of Tds U/S.194C. The Second Issue Was Against The Adhoc Disallowance Of 15% Expenses Under Different Heads Totaling To Rs.2,13,330/-. It Was The Submission That In View Of The Decision Of The Hon’Ble Supreme Court In The Case Of R.G.Buildwell Engineers Ltd., 259 Taxman 370 As The Books Of Accounts Have Not Been Rejected, No Adhoc Disallowance Can Be Made.

disallowance made by invoking provisions u/s.40(a)(ia) of the Act on the ground of non-deduction of TDS u/s.194C

SUDHA SINDHU PANDA,BALASORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BALASORE

In the result, appeal of the assessee stands partly allowed

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2017-18 Sudha Sindhu Panda, At/Po: Sudha Sindhu Panda, At/Po: Vs. Asst. Asst. Commissioner Commissioner Of Of Choudhury Sahi, Motiganj, Choudhury Sahi, Motiganj, Income Tax, Station Square, Income Tax, Station Square, Dist: Balasore. Dist: Balasore. J.B.Road, Balasore J.B.Road, Balasore Pan/Gir No Pan/Gir No.Ahapp 7611 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By Assessee By : S/Shri P.K.Mishra & Himanshu Jena, P.K.Mishra & Himanshu Jena, Advs Revenue By : Shri Charan Dass, Sr : Shri Charan Dass, Sr Dr Date Of Hearing : 10/0 06/2024 Date Of Pronouncement : 10/0 /06/2024 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 Cit(A), A), Nfac, Nfac, Delhi Delhi Dated Dated 25.7.2023 In In Appeal Appeal No. No.Cit(A), Cuttack/10584/2019 Cuttack/10584/2019-20 For The Assessment Year 2017 20 For The Assessment Year 2017-18. 2. Shri P.K.Mishra & Shri Himanshu Jena P.K.Mishra & Shri Himanshu Jena, Ld Ar D Ars Appeared For The Assessee & Shri Assessee & Shri Charan Dass, Ld Sr Dr Appeared For The Revenue. Dr Appeared For The Revenue.

disallowance u/s.40(a)(ia) of the Act, it was the submission that these were payments for purchase of software and AMC charges on CC camera. It was the submission that this does not require deduction of TDS

ODISHA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION(IDCO),BHUBANESWAR vs. DY COMMISSIONER OF INCOME TAX, CIRCLE-4(1), BHUBANESWAR, BHUBANESWAR

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

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील सं/Ita No.365/Ctk/2024 (िनधा"रण वष" / Assessment Year : 2015-2016) M/S Odisha Industrial Infrastructure Vs Dcit, Circle-4(1), Bhubaneswar Development Corporation, Idco Tower, Janpath, Bhubaneswar Pan No. : Aaaat 2619 K (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri Bibekananda Mohanty, Ca राज"व क" ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई क" तारीख / Date Of Hearing : 12/11/2024 घोषणा क" तारीख/Date Of Pronouncement : 12/11/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 25.05.2023, Passed In Appeal No.Cit(A), Bhubaneswar-2/10971/2017-18 Vide Din & Order No.Itba/Nfac/S/250/2023-24/1053183739(1) For The Assessment Year 2015-2016. 2. On Perusal Of The Appeal Record, We Found That The Appeal Of The Assessee Has Been Filed Belatedly By 409 Days. In This Regard, The Assessee Has Filed Condonation Application Along With Affidavit Stating Sufficient Reasons For Delay In Filing The Present Appeal. The Contents Of The Affidavit Filed By The Assessee Are As Under :-

disallowance made u/s.40(a)(ia) of the Act, it was submitted that the assessee though had not deducted the TDS

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

disallowed and tax had been levied at Maximum Marginal Rate and credit for TDS had not been allowed in full

AM SB INFRA PRIVATE LIMITED,BHUBANESWAR vs. DCIT CIRCLE-1(1), CUTTACK

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

disallowance u/s.40(a)(ia) of the Act on account of non-deduction of TDS in respect of purchases of agricultural

NESCO EMPLOYEES GRATUITY FUND TRUST,BALASORE vs. ITO, WARD-1, BALASORE, BALASORE

In the result, appeal of the assessee is allowed for statistical\npurposes

TDS. The CPC processed the return u/s\n143(1) of the Act on 02.01.2018 and disallowed the claim of exemption

KONARK AQUATICS & EXPORT (P) LTD,BHUBANESWAR vs. ACIT, CIRCLE-2(1), BHUBANESWAR,

In the result, appeal of the assessee is partly allowed

disallowance of the ocean freight, survey expenses, testing charges and legal charges in respect of which TDS has not been

M/S. GRID CORPORATION OF ORISSA LIMITED,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANSWAR

In the result, both the appeals of the assessee stand allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita Nos.34 & 35/Ctk/2019 2019 Assessment Assessment Years : 2013-14 & 2014 14 & 2014-15 M/S. Grid Corporation Of M/S. Grid Corporation Of Vs. Dcit, Circle Dcit, Circle -1(1), Orissa Ltd., Gridco House, Orissa Ltd., Gridco House, Bhubaneswar. Bhubaneswar. Janpath, Bhubaneswar Janpath, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcg 5398 P (Appellant (Appellant) .. ( Respondent Respondent)

TDS not deducted on the payments made to Power Grid Corporation of India Ltd (PGCIL) and consequential disallowance liable to be made