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

TDS was claimed. The case was taken up for scrutiny and during the course of assessment proceedings, the AO observed that the assessee has claimed direct expenses of Rs.25,97,41,438/- i.e. the amount equivalent to the gross receipts of the assessee-JV. The said amount was paid to three Joint Ventures constituents who had executed the work

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

TDS was claimed. The case was taken up for scrutiny and during the course of assessment proceedings, the AO observed that the assessee has claimed direct expenses of Rs.25,97,41,438/- i.e. the amount equivalent to the gross receipts of the assessee-JV. The said amount was paid to three Joint Ventures constituents who had executed the work

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

41. This issue relates to confirmation of addition of Rs.1,71,90,203/- on account of leave encashment u/s.43B of the Act. 42. It was fairly agreed by both the parties that the issue is squarely covered in favour of the revenue by the decision of the Co-ordinate Bench of this Tribunal in assessee’s own case

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

TDS Rs.17,850, advance given Rs.4,00,000 and sundry creditors for expenses at Rs.4,000. Effectively, thus, Rs. 992.30 lakhs of the total funds of Rs. 1001.00 lakhs received by the assessee has been passed to the other companies, which works out to more than 99% of the total funds received. It is also interesting to note that

M/S. GOPAL AND COMPANY,ROURKELA vs. INCOME TAX OFFICER (TDS/TCS), ROURKELA

In the result, the appeal of the assessee stands allowed

TDS) as well as the learned CIT(A) have committed gross error of law as well as in fact in ignoring these facts and in determining the liability by solely relying on some bills issued by the principal sellers. The impugned order, thus passed U/s.206C(6)/206C(7) and determination of TCS liability along with interest of Rs.11

M/S. GOPAL AND COMPANY,ROURKELA vs. INCOME TAX OFFICER (TDS/TCS), ROURKELA

In the result, the appeal of the assessee stands allowed

TDS) as well as the learned CIT(A) have committed gross error of law as well as in fact in ignoring these facts and in determining the liability by solely relying on some bills issued by the principal sellers. The impugned order, thus passed U/s.206C(6)/206C(7) and determination of TCS liability along with interest of Rs.11

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 194A(3)(iii)(f), the Central Government notifies the Power Finance Corporation Limited, New Delhi for non-deduction of TDS. As the issue is covered by the said notification of CBDT and as it is noticed that the ld CIT(A) has deleted the disallowance by following the Notification (supra), we find no error in the order