MR. JAGTAR SINGH,KEONJHAR vs. INCOME TAX OFFICER, WARD-TDS, SAMBALPUR

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

Bench: Shri George Mathan, Jm & Shri Rajesh Kumar, Am Ito, Ward Tds, Sambalpur Income Tax Officer, Ward-Tds, Mr. Jagtar Singh Sambalpur, Aayakar Bhavan, At-Ward No. 7, Barbil, Ainthapali, Sambalpur, Vs. Keonjhar-758035 Odisha-768004 (Appellant) (Respondent) Pan No. Bbnj01098G Assessee By : Shri Br Panda, Ar Revenue By : Shri Nishanth Rao B, Dr Date Of Hearing: 16.07.2025 Date Of Pronouncement: 16.07.2025

TDS, Mr. Jagtar Singh Sambalpur, Aayakar Bhavan, At-Ward No. 7, Barbil, Ainthapali, Sambalpur, Vs. Keonjhar-758035 Odisha-768004 (Appellant) (Respondent) PAN No. BBNJ01098G Assessee by : Shri BR Panda, AR Revenue by : Shri Nishanth Rao B, DR Date of hearing: 16.07.2025 Date of pronouncement: 16.07.2025 O R D E R PER PENCH: This is an appeal filed by the assessee

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.

250 of the Act passed by the ld. CIT (Appeals)-l, Bhubaneswar for deleting the addition of Rs.385,56,28,748/- made u/s.40(a)(ia) of the Act for non -deduction of TDS on transmission charges on the ground that section 194 J is not applicable thereon. ii) The assessee company is engaged in the business of purchase and sale

GANAPATI BUILDERS LIMITED,BARGARH vs. ITO, BARAGARH WARD, BARGARH, BARGARH

The appeal is allowed for statistical purposes

6, Pradhanpali Bargarh, Orissa - 768028 [PAN: AABCG5592M] vs. Appellant ITO Ward, Wargarh, BSF Nagar, NH Street, Bandu Vikira Chowk, 1st Floor, Bargarh - 768028 Respondent Appearances by: Assessee represented by : Sh. S.K. Pransukha, AR Department represented by : Sh. Sanjay Kumar, CIT-DR Date of concluding the hearing : 22.04.2025 Date of pronouncing the order : 23.04.2025 ORDER PER SANJAY AWASTHI, ACCOUNTANT MEMBER

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

250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AY 2018-19 dated 15.01.2025, I.T.A. No.: 182/CTK/2025 Assessment Year: 2018-19 Ashok Bricks Industries Private Limited. which has been passed against the assessment order u/s 143(3) of the Act, dated 17.04.2021. 2. The assessee is in appeal before the Tribunal raising the following grounds

SURESH KUMAR SOMANI,MALKANGIRI vs. ASSISTANT COMMISSIONER OF INCOME TAX, BERHAMPUR, BERHAMPUR

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

Bench: Shri Duvvuru Rl Reddy, Vice- & Shri Rajesh Kumarita No.55 /Ctk/2025 Assessment Year: 2017-18 Suresh Kumar Somani…………………………………................……….……Appellant Motu Road, Korukonda B.O, Alur, Malkangiri (Odisha), Odissa - 764045.. [Pan: Acxps8005Q] Vs. Acit, Berhampur………....………..…………………………...……...…..…..Respondent Appearances By: Shri R. B. Doshi, Ar, Appeared On Behalf Of The Appellant. Shri Vijay Singh, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 19, 2025 Date Of Pronouncing The Order : November 21, 2025 Order Per Rajesh Kumar: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.03.2024 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. The Appeal Has Been Filed By The Assessee With A Delay Of 228 Days. The Assessee Has Filed An Affidavit For Condonation Of The Delay. After Considering The Reasons Cited In The Affidavit For Condonation Of Delay, We Find That The Reasons Are Valid & Consequently, The Delay In Filing The Appeal Is Hereby Condoned & We Proceed To Dispose Of The Appeal On Merits.

250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2017–18. 2. The appeal has been filed by the assessee with a delay of 228 days. The assessee has filed an affidavit for condonation of the delay. After considering the reasons cited in the affidavit for condonation of delay, we find that

PRAFULLA KUMAR ROUTRAY,BHUBANESWAR vs. ACIT, INTERNATIONAL TAXATION, BHUBANESWAR, BHUBANESWAR

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

250 of the I.T. Act, 1961 by the Commissioner of Income Tax (Appeals) Kolkata-22 hereinafter referred to as the ‘learned CIT(Appeals)’ dismissing the appeal is not just and legal on the facts and in the circumstances of the case. 2. For that the learned CIT(Appeals) without properly appreciating the facts and submissions of the appellant from

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 and\nraised a demand. Against the intimation, a rectification application u/s 154\nwas filed on behalf of the assessee by its authorized representative on\n24.08.2023 stating therein that the trust was eligible for exemption and that\nit was claimed wrongly

M/S. ODISHA POWER GENERATION CORPORATION LIMITED,BHUBANESWAR vs. DCIT,CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

DCIT, BHUBANESWAR vs. ORISSA POWER GENERATION CORPORATION LTD, BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

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

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

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

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

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

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

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

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

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

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

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

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

M/S. ODISHA POWER GENERATION CORPORATION LIMITED,BHUBANESWAR vs. DCIT,CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

Section 37(1) of the Act as being commercial expediency. In the circumstances, we answer the question in favour of the revenue and against the asseessee. The order of the Tribunal is accordingly set aside to this extent". f) The sixth ground of appeal pertains to disallowance of expenses of Rs.77,02,924/- on Mini Hydel Plants (MHP) when

GRAM VIKAS TRUST,BERHAMPUR vs. ITO,EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AYs 2014-15 & 2015- 16 dated 24.08.2024, which have been passed against the rectification orders u/s 154 of the Act, dated 19.12.2016. Since the issues are common, both the appeals were heard together and are being decided vide this common order for the sake of convenience

GRAM VIKAS TRUST,BERHAMPUR vs. ITO, EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for AYs 2014-15 & 2015- 16 dated 24.08.2024, which have been passed against the rectification orders u/s 154 of the Act, dated 19.12.2016. Since the issues are common, both the appeals were heard together and are being decided vide this common order for the sake of convenience