ARSS INFRASTRUCTURE PROJECTS LTD.,BHUBANESWAR vs. DCIT, CORPORATION CIRCLE- 1(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2012-2013

TDS deducted in the interest payment, to which, the assessee furnished certificate from Chartered Accountant in Annexure-A to Form 26A in respect of interest amount during the financial year 2011-12 relevant to assessment year 2012-13, which is not disputed by the lower authorities nor by ld CIT DR. But the short issue which requires our adjudication

SRI JAYANTA KUMAR JENA,CUTTACK vs. DCIT, CIRCLE- 1(1), CUTTACK

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

Bench: S/Shri P.M. Jagtap & C.M. Gargassessment Year : 2011-12

TDS but actually the assessee has not debited the same amount in the profit and loss account, which can be emanated from the audited profit and loss account and balance sheet filed before the AO. He submitted that on this ground also, the appeal is liable to be allowed. He submitted that the return income disclosed by the assessee

GANESH ORES PRIVATE LIMITED,CIVIL TOWNSHIP ROURKELA vs. ASST COMMISSIONER OF INCOME TAX, ROURKELA CIRCLE,ROURKELA

In the result, appeals of the assessee stand partly allowed for statistical purposes

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.44 & 45 /Ctk/2024 24 Assessment Years : 2015-16 & 2016 16 & 2016-17

set off of the loss in respect of derivative transaction by treating the same as speculative transaction. It was the submission that for the assessment year 2015-16, the assessee had claimed a loss of Rs.98,04,793/- and for the assessment year 2016-17, the assessee had claimed a loss of Rs.2,01,94,788/-. It was the submission

GANESH ORES PRIVATE LIMITED,CIVIL TOWNSHIP,ROURKELA vs. ASST COMMISSIONER OF INCOME TAX, ROURKELA CIRCLE,ROURKELA

In the result, appeals of the assessee stand partly allowed for statistical purposes

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.44 & 45 /Ctk/2024 24 Assessment Years : 2015-16 & 2016 16 & 2016-17

set off of the loss in respect of derivative transaction by treating the same as speculative transaction. It was the submission that for the assessment year 2015-16, the assessee had claimed a loss of Rs.98,04,793/- and for the assessment year 2016-17, the assessee had claimed a loss of Rs.2,01,94,788/-. It was the submission

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

loss account. He further observed that the assessee has undertaken sub-contract works from M/s ECSB-JSR Constructions (JV) Private Limited and received income of Rs. 26,55,66,961/- (as per the TDS certificates) and has received the remaining balance of Rs.24,16,95,998/- from the other contract works undertaken by the assessee company. He observed that

ASST. CIT, CENTRAL CIRCLE, SAMBALPUR, AAYAKAR BHAWAN, SAMBALPUR vs. SHREE BALAJI ENGICON LIMITED, BELPAHAR RS

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

loss account. He further observed that the assessee has undertaken sub-contract works from M/s ECSB-JSR Constructions (JV) Private Limited and received income of Rs. 26,55,66,961/- (as per the TDS certificates) and has received the remaining balance of Rs.24,16,95,998/- from the other contract works undertaken by the assessee company. He observed that

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

loss account. He further observed that the assessee has undertaken sub-contract works from M/s ECSB-JSR Constructions (JV) Private Limited and received income of Rs. 26,55,66,961/- (as per the TDS certificates) and has received the remaining balance of Rs.24,16,95,998/- from the other contract works undertaken by the assessee company. He observed that

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. ACIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

loss account. He further observed that the assessee has undertaken sub-contract works from M/s ECSB-JSR Constructions (JV) Private Limited and received income of Rs. 26,55,66,961/- (as per the TDS certificates) and has received the remaining balance of Rs.24,16,95,998/- from the other contract works undertaken by the assessee company. He observed that

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

loss account. He further observed that the assessee has undertaken sub-contract works from M/s ECSB-JSR Constructions (JV) Private Limited and received income of Rs. 26,55,66,961/- (as per the TDS certificates) and has received the remaining balance of Rs.24,16,95,998/- from the other contract works undertaken by the assessee company. He observed that

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. DCIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

loss account. He further observed that the assessee has undertaken sub-contract works from M/s ECSB-JSR Constructions (JV) Private Limited and received income of Rs. 26,55,66,961/- (as per the TDS certificates) and has received the remaining balance of Rs.24,16,95,998/- from the other contract works undertaken by the assessee company. He observed that

M/S. SHREE BAALAJI ENGICONS LIMITED,JHARSUGUDA vs. DEPUTY COMMISSIONER OF INCOME TAX ( CENTRAL CIRCLE-1(1), SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

loss account. He further observed that the assessee has undertaken sub-contract works from M/s ECSB-JSR Constructions (JV) Private Limited and received income of Rs. 26,55,66,961/- (as per the TDS certificates) and has received the remaining balance of Rs.24,16,95,998/- from the other contract works undertaken by the assessee company. He observed that

KALPANA MISHRA,BHUBANESWAR vs. ITO, WARD 5(4), BHUBANESWAR, BHUBANESWAR

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

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.491/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Year : 2016-2017) वष" Kalpana Mishra, Vs Ito Ward-5(4), Bhubaneswar Plot No.B-87/A, Chandaka Industrial Estate, Patia, Bhubaneswar-751024 Pan No. :Alfpm 2864 E (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती िनधा"रती क" िनधा"रती िनधा"रती क" क" ओर क" ओर ओर सेसेसेसे /Assessee By ओर : Shri B.R.Pattnaik, Ca राज"व राज"व क" राज"व राज"व क" क" ओर क" ओर ओर सेसेसेसे /Revenue By ओर : Shri S.C.Mohanty, Sr. Dr सुनवाई क" तारीख / Date Of Hearing : 28/01/2025 घोषणा क" तारीख/Date Of Pronouncement : 28/01/2025 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 07.03.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1062168195(1) For The Assessment Year 2016-2017, On The Following Grounds :- 1. Hon'Ble Cit(Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of The Learned Ao Even Though The Learned Ao Has Exceeded His Jurisdiction In A Limited Scrutiny Case Selected Under Cass Only To Examine Whether The Investment & Income Relating To Securities Transactions Are Duly Disclosed Or Not & Added A Sum Of Rs.44,00,000.00 U/S 68 Of The Income Tax Act, 1961, Without Obtaining Prior Administrative Approval Of The Concerned Pr. Cit/Cit As Prescribed In Circular F. No. 225/402/2018/Ita.Ii, Dated 28- 11-2018 & Instruction No.5/2016 [F.No.225/269/2015-

loss from such transactions was Rs. 16,88,418.00. 3.1.11. Accordingly, the appellant's ITR neither contained any turnover figure relating to share transactions of the appellant which were settled otherwise than by the actual delivery nor any profit/loss from such activities. 3.1.12 This has resulted in the mismatch of the information uploaded in Form-1 by stock exchanges with

KENDRAPARA URBAN CO-OPERATIVE BANK LTD.,KENDRAPADA vs. PR.COMMISSIONER OF INCOME TAX, CUTTACK

In the result, appeal of the assessee stands allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.163/Ctk/2020 (ननधाारण वषा / Assessment Year :2015-2016) Kendrapara Urban Co-Operative Vs Pr.Cit, Cuttack Bank Ltd., College Square, Tinimuhani, Kendrapara-754211 Pan No. :Aaatk 8347 E (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri P.C.Sethi, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 30/01/2023 घोषणा की तारीख/Date Of Pronouncement : 30/01/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr.Cit, Cuttack, Dated 24.03.2020, Passed In Din & Order No.Itba/Com/F/17/2019-20/1026884702(1) For The Assessment Year 2015-2016. 2. The Appeal Of The Assessee Is Barred By 8 Days. The Assessee Through Its Secretary Has Filed An Application Dated 13.07.2020 Stating Therein Sufficient Reasons For Condonation Of Delay, To Which Ld. Cit-Dr Did Not Object. In View Of The Above, Delay Of 8 Days In Filing The Present Appeal Is Condoned & The Appeal Of The Assessee Is Heard Finally. 3. It Was Submitted By The Ld. Ar That The Original Assessment In The Case Of The Assessee Was Completed U/S.143(3) Of The Act On 20.11.2017. It Was The Submission That The Assessment Was A Limited Scrutiny

TDS on interest payments, the gist of the assessee's arguments is that the case was selected under limited scrutiny. The issues raised under limited scrutiny were verified by the A.O. But subsequently the Pr. CIT, Cuttack has passed revision order on the issues which were not the part of limited scrutiny. In this regard, reliance is placed

SISKHA 'O' ANUSANDHAN,BHUBANESWAR vs. CIT (EXEMPTION), , HYDERABAD

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.91/Ctk/2022 (ननधाारण वषा / Assessment Year :2017-2018) Siksha ‘O’ Anusandhan Vs Cit(Exemption), Hyderabad Plot No.224, Dharma Vihar, Khandagiri, Bhubaneswar Pan No. :Aabts 1525 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

TDS as expenditure. Copies of the challans evidencing such payment were furnished before Ld. CIT(Exemption) for verification. 10.That the assesse trust runs Hospital, many educational institutions. Puja expenses are incurred for carrying on the day to day activities in hospital and educations institutions. This expenditure is made in business exigencies. In order to determine Business expenditure the test

NISHA DATA COM LIMITED,ROURKELA vs. INCOME TAX OFFICER WARD-3 ROURKELA, ROURKELA

In the result, both the appeals filed for AY 2011-12 and AY 2012-

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

TDS on account of advertisement expenses also could not be explained by the assessee. There was loss on investment on sale of shares and deposits on which interest was charged and the notional interest was added to the income of the assessee. The Ld. DR relied upon the order of the Ld. CIT(A) and requested that the same

NISHA DATA COM LIMITED,ROURKELA vs. INCOME TAX OFFICER WARD-3 ROURKELA, ROURKELA

In the result, both the appeals filed for AY 2011-12 and AY 2012-

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

TDS on account of advertisement expenses also could not be explained by the assessee. There was loss on investment on sale of shares and deposits on which interest was charged and the notional interest was added to the income of the assessee. The Ld. DR relied upon the order of the Ld. CIT(A) and requested that the same

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

In the result, the appeal of the assessee stands allowed

loss account and tax audit report clearly establish that the assessee had primarily dealt into trading activities and there is very little scrap which was obtained during the course of manufacturing. The Lucknow Bench of the Tribunal in the case of Lala Bharat Lal & Sons (supra) has held that the TCS u/s 206C is applicable only if the scrap

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

In the result, the appeal of the assessee stands allowed

loss account and tax audit report clearly establish that the assessee had primarily dealt into trading activities and there is very little scrap which was obtained during the course of manufacturing. The Lucknow Bench of the Tribunal in the case of Lala Bharat Lal & Sons (supra) has held that the TCS u/s 206C is applicable only if the scrap

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

set of shuttering sheets would get cycled once in 45 to 60 days. It was the submission that thus the shuttering sheets would be used 4-5 times in a year and consequently, the shuttering sheets would last 8 to 10 years. It was the submission that as the shuttering sheets are plant