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15 results for “TDS”+ Section 40A(2)clear

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Key Topics

Section 194A15Addition to Income14TDS14Section 4010Section 194A(3)10Disallowance9Section 2638Section 40a8Deduction7Exemption

ITO, ANGUL WARD, ANGUL vs. NCC-SMASL-JRT(JV), ANGUL

ITA 39/CTK/2018[2013-14]Status: HeardITAT Cuttack25 Jul 2024AY 2013-14
For Appellant: Shri Salil Kapoor and Bibhu Jain, AdvsFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 40A(2)(b)

2. That on the facts and circumstances of the case, the AO/TPO and Commissioner of Income Tax (Appeals) (CIT(A)) erred in not appreciating that the Assessee is not a taxable entity and as such is not an AOP. Co. No.27/CTK/2018 3. That the AO/TPO/CIT(A) erred in not appreciating that this is a tax neutral exercise. 4. That

ITO, ANGUL WARD, , ANGUL vs. M/S. NCC SMASL JRT(JV),, ANGUL

ITA 99/CTK/2019[2014-15]Status: DisposedITAT Cuttack25 Jul 2024AY 2014-15
For Appellant: Shri Salil Kapoor and Bibhu Jain, AdvsFor Respondent: Shri Sanjay Kumar, CIT-DR
5
Section 194J4
Section 684
Section 40A(2)(b)

2. That on the facts and circumstances of the case, the AO/TPO and Commissioner of Income Tax (Appeals) (CIT(A)) erred in not appreciating that the Assessee is not a taxable entity and as such is not an AOP. Co. No.27/CTK/2018 3. That the AO/TPO/CIT(A) erred in not appreciating that this is a tax neutral exercise. 4. That

M/S. GRID CORPORATION OF ORISSA LIMITED,BHUBANESWAR vs. ACIT-(TDS), BHUBANESWAR

In the result, appeal of the assessee stands allowed

ITA 323/CTK/2019[2009-10]Status: DisposedITAT Cuttack20 Feb 2023AY 2009-10

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2009-2010 2010 Grid Corporation Of Orissa Grid Corporation Of Orissa Vs. Acit (Tds), Acit (Tds), Ltd., Ltd., Gridco Gridco House, House, Bhubaneswar. Bhubaneswar. 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 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 12.7.2019 In Appeal No. In Appeal No.0035/17-18 For The Assessment Year The Assessment Year 2009-2010. 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.

For Appellant: S/Shri Ved Jain/P.Venugopal RaoFor Respondent: Shri M.K.Gautam
Section 154Section 244ASection 244A(2)

TDS, Bhubaneswar. ii.) In this case, the CIT(A)-l, Bhubaneswar while adjudicating the appeal in relation to charging of interest u/s. 201(1) had restored the issue to the file of the A.O. with a direction that assessee might file the necessary evidences to show that REC and PGCIL had duly shown interest incomes/wheeling charges in their returns

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

ITA 356/CTK/2019[2014-15]Status: DisposedITAT Cuttack20 Jul 2023AY 2014-15

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

For Appellant: Shri P.C.SethiFor Respondent: Shri Saroj Kumar Mahapatra
Section 143(3)Section 40A(3)

2) [2000] 244 ITR 238 was brought to our notice, in which question arose as to whether individual bottles can be regarded as plant for the purpose of the first proviso to section 32(1)(ii) of the Act and this Court held that each bottle can be regarded as a plant and the assessee is entitled to claim

INCOME TAX OFFICER, WARD-1, BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL CO-OPERATIVE BANK LIMITED, BARIPADA

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

ITA 84/CTK/2024[2015-16]Status: DisposedITAT Cuttack19 Jun 2024AY 2015-16

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

For Appellant: Shri Ambika Prasad Mohanty, CAFor Respondent: Shri Sanjay Kumar, CIT DR/S.C.Mohanty, Sr DR
Section 194ASection 194A(3)Section 40

TDS. However, since the assessee is a co- operative bank, therefore, this exemption is not applicable to it. He further stated that from 1.6.2015, this anomaly has been removed and it is clearly provided that the cooperative banks are not eligible for this exemption. He accordingly, submitted that the assessee bank has not deducted tax at source on the payment

INCOME TAX OFFICER, WARD-1, BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL CO-OPERATIVE BANK LIMITED, BARIPADA

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

ITA 89/CTK/2024[2015-16]Status: DisposedITAT Cuttack19 Jun 2024AY 2015-16

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

For Appellant: Shri Ambika Prasad Mohanty, CAFor Respondent: Shri Sanjay Kumar, CIT DR/S.C.Mohanty, Sr DR
Section 194ASection 194A(3)Section 40

TDS. However, since the assessee is a co- operative bank, therefore, this exemption is not applicable to it. He further stated that from 1.6.2015, this anomaly has been removed and it is clearly provided that the cooperative banks are not eligible for this exemption. He accordingly, submitted that the assessee bank has not deducted tax at source on the payment

INCOME TAX OFFICER, BARIPADA vs. MAYURBHANJ CENTRAL COOPERATIVE BANK LIMITED, BARIPADA

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

ITA 62/CTK/2024[2017-18]Status: DisposedITAT Cuttack19 Jun 2024AY 2017-18

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

For Appellant: Shri Ambika Prasad Mohanty, CAFor Respondent: Shri Sanjay Kumar, CIT DR/S.C.Mohanty, Sr DR
Section 194ASection 194A(3)Section 40

TDS. However, since the assessee is a co- operative bank, therefore, this exemption is not applicable to it. He further stated that from 1.6.2015, this anomaly has been removed and it is clearly provided that the cooperative banks are not eligible for this exemption. He accordingly, submitted that the assessee bank has not deducted tax at source on the payment

INCOME TAX OFFICER WARD-1 BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL COOPERATIVE BANK LIMITED, BARIPADA

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

ITA 78/CTK/2024[2014-15]Status: DisposedITAT Cuttack19 Jun 2024AY 2014-15

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

For Appellant: Shri Ambika Prasad Mohanty, CAFor Respondent: Shri Sanjay Kumar, CIT DR/S.C.Mohanty, Sr DR
Section 194ASection 194A(3)Section 40

TDS. However, since the assessee is a co- operative bank, therefore, this exemption is not applicable to it. He further stated that from 1.6.2015, this anomaly has been removed and it is clearly provided that the cooperative banks are not eligible for this exemption. He accordingly, submitted that the assessee bank has not deducted tax at source on the payment

INCOME TAX OFFICER WARD-1, BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL COOPERATIVE BANK LIMITED, BARIPADA

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

ITA 82/CTK/2024[2017-18]Status: DisposedITAT Cuttack19 Jun 2024AY 2017-18

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

For Appellant: Shri Ambika Prasad Mohanty, CAFor Respondent: Shri Sanjay Kumar, CIT DR/S.C.Mohanty, Sr DR
Section 194ASection 194A(3)Section 40

TDS. However, since the assessee is a co- operative bank, therefore, this exemption is not applicable to it. He further stated that from 1.6.2015, this anomaly has been removed and it is clearly provided that the cooperative banks are not eligible for this exemption. He accordingly, submitted that the assessee bank has not deducted tax at source on the payment

GITA DEVI GUPTA,CUTTACK vs. DEPUTY COMMISSIONER OF INCOME TAX, CUTTACK

In the result, appeal of the assessee stands partly allowed

ITA 12/CTK/2024[2017-18]Status: DisposedITAT Cuttack07 Aug 2024AY 2017-18

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year :2017-18 Gita Devi Gupta, Pro. M/S. Gita Devi Gupta, Pro. M/S. Vs. Dcit, Assessment Circle Dcit, Assessment Circle D.D. Textiles, Nandi Sahi, D.D. Textiles, Nandi Sahi, 2(1), Cuttack 2(1), Cuttack Cuttack Pan/Gir No. No.Aazpg 8154 E (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.K.Mishra, Adv P.K.Mishra, Adv Revenue By : Shri S.C.Mohanty S.C.Mohanty, Sr Dr Date Of Hearing : 7/8/ /2024 Date Of Pronouncement : 7/8 /8/2024 O R D E R

For Appellant: Shri P.K.Mishra, AdvFor Respondent: Shri S.C.Mohanty
Section 131Section 201(1)

2 | 7 Assessment Year :2017-18 able to prove the source of demonetized currency, the addition as made by the AO and confirmed by ld CIT(A) stands upheld. 6. The second issue was in regard to payment of bogus commission added by the Assessing Officer to an extent of Rs.20,37,437/-. It was the submission that the assessee

ASSISTANT COMMISSIONER OF INCOME TAX , SECOND FLOOR, AAYAKAR BHAWAN, AINTHAPALI vs. SHIVA CEMENT LIMITED, ROURKELA

In the result, the appeals of the Revenue as well as the COs of the assessee are dismissed

ITA 392/CTK/2024[2010-11]Status: DisposedITAT Cuttack26 Aug 2025AY 2010-11

Bench: Shri Duvvuru Rl Reddy, Vp & Shrirajesh Kumar, Am

For Appellant: Shri Nitesh S. JoshiFor Respondent: Shri Ashim Kr. Chakraborty, DR
Section 127Section 132Section 139(1)Section 153ASection 194JSection 195JSection 40aSection 68

section 195J of the Acton the basis of audited statement of accounts furnished by the assessee. The ld. AO observed that the assessee has incurred consultancy charges on various dates when no TDS was deducted at source and no bills and vouchers were produced before the ld. AO despite several opportunities to the assessee. The ld. AO also found from

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE,SECOND FLOOR vs. SHIVA CEMENT LIMITED, ROURKELA, SUNDARGARH

In the result, the appeals of the Revenue as well as the COs of the assessee are dismissed

ITA 388/CTK/2024[2009-10]Status: DisposedITAT Cuttack26 Aug 2025AY 2009-10

Bench: Shri Duvvuru Rl Reddy, Vp & Shrirajesh Kumar, Am

For Appellant: Shri Nitesh S. JoshiFor Respondent: Shri Ashim Kr. Chakraborty, DR
Section 127Section 132Section 139(1)Section 153ASection 194JSection 195JSection 40aSection 68

section 195J of the Acton the basis of audited statement of accounts furnished by the assessee. The ld. AO observed that the assessee has incurred consultancy charges on various dates when no TDS was deducted at source and no bills and vouchers were produced before the ld. AO despite several opportunities to the assessee. The ld. AO also found from

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

ITA 55/CTK/2025[2017-18]Status: DisposedITAT Cuttack21 Nov 2025AY 2017-18

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.

Section 143(2)Section 250Section 40A(3)

section 40A(3) of the Act. The Assessing Officer further noticed that assessee received goods from Orissa State Civil Supplies Corporation Limited and claimed TDS of Rs. 59477/- but the assessee suppressed Rs.28,75,629/-. As the assessee failed to give satisfactory explanations, the Assessing Officer made addition of Rs.9,72,000/- u/s 40A(3) and Rs.28

M/S. BRAHMANI RIVER PELLETS LIMITED,BHUBANESWAR vs. PRINCIPAL CIT-1, BHUBANESWAR

In the result, appeal of the assessee stands allowed

ITA 139/CTK/2023[2018-19]Status: HeardITAT Cuttack22 May 2024AY 2018-19

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2018-19 M/S. Brahmani River Pellets M/S. Brahmani River Pellets Vs. Pr. Cit-1, Limited., 4Th Floor, Ipicol Limited., 4 Bhubaneswar Bhubaneswar House, House, Janapath, Janapath, Sahid Sahid Nagar, Bhubaneswar. Nagar, Bhubaneswar. Pan/Gir No Pan/Gir No.Aaccb 9418 Q (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri A.K.Sabat & B.K.Mahapatra, Cas B.K.Mahapatra, Cas Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 22/0 05/2024 Date Of Pronouncement : 22/0 /05/2024 O R D E R Per Bench

For Appellant: Shri A.K.Sabat and B.K.Mahapatra, CAsFor Respondent: Shri Sanjay Kumar, CIT
Section 143(3)Section 263

TDS on interest paid’ and in para 7.1.1, the issue was dropped. In para 7.2, he raises the issue of ‘applicability of section 40A(3) and in page 23, he mentions that the duty drawback is not specifically mentioned in the notes forming part of the accounts. He does not give any finding as to whether the figures and submissions

CHARANJIT SINGH GREWAL , C/O R K TULI AND ASSOCIATES, CHARTERED ACCOUNTANTS,11/37 OLD RAJINDER NAGAR,OLD RAJINDER NAGAR, NEW DELHI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, CUTTACK, ORISSA, CUTTACK ORISSA

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

ITA 374/CTK/2025[2018-19]Status: DisposedITAT Cuttack25 Sept 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.374/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2018-2019) Charanjit Singh Grewal, Vs The Acit, Central Circle, Cuttack C/O R K Tuli & Associates, Chartered Accountants, 11/37, Old Rajinder Nagar,Delhi-110060 Pan No. : Abvpg 6677 K (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Maneesh Upnejja & Baldev Raj, Ars राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 25/09/2025 घोषणा की तारीख/Date Of Pronouncement : 25/09/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Cit(A), Bhubaneswar-2, Dated 28.04.2025 For The Assessment Year 2018-2019. 2. It Was Submitted By The Learned Ar That A Synopsis Has Been Filed Which Is As Follows :- Before The Hon'Ble Itat-Cuttack Bench In The Matter Of : Sh. Charanjit Singh Grewal Pan : Abvpg-6677-K Assessment Year : 2018-19

For Appellant: Shri Maneesh Upnejja & baldev Raj, ARsFor Respondent: Shri Vijay Singh, Sr.DR
Section 142(1)Section 194JSection 40a

2. In this regard it is most respectfully prayed that the undersigned has already shared the paperbook with the Hon'ble Bench on 27/08/2025, in the last hearing the bench was kind in instructing the undersigned for uploading the paper book on the official website of the Hon'ble ITAT. 3. The instructions as issued have been duly complied