DCIT, CORPORATE CIRCLE-1(1), BHUBANESWAR vs. M/S. MAGNUM ESTATE LTD., BHUBANESWAR

In the result, appeal of the revenue and cross objection of the assessee are dismissed

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Manish Borad & Manish Borad & Manish Boradassessment Year : 2012-13 Dcit, Corporate Circle 1(1), Dcit, Corporate Circle 1(1), Vs. M/S. Magnum Estate Ltd., 132 M/S. Magnum Estate Ltd., 132- Bhubaneswar. Bhubaneswar. A, A, Sector Sector-A, Zone-A, Mancheswar Industrial Estate, Mancheswar Industrial Estate, Bhubaneswar Bhubaneswar Pan/Gir No. No.Aabcm 8066 G (Appellant (Appellant) .. ( Respondent Respondent) C.O.No.21/Ctk/2021 (In Ita No.248/Ctk/2017) .248/Ctk/2017) Assessment Year : 2012-13 M/S. Magnum Estate Ltd., 132 M/S. Magnum Estate Ltd., 132- Vs. Dcit, Corporate Circle 1(1), Dcit, Corporate Circle 1(1), A, A, Sector Sector-A, Zone-A, Bhubaneswar. Bhubaneswar. Mancheswar Industrial Estate, Mancheswar Industrial Estate, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcm 8066 G (Appellant (Appellant) .. ( Respondent Respondent) Assessee Assessee/Cross Objector By : Shri J.M.Patnaik J.M.Patnaik , Ar Revenue By : Shri M.K.Gautam, Cit (Dr) Date Of Hearing : 27 /10/ 20 / 2021 Date Of Pronouncement : 23/12 12/2021 O R D E R Per Bench This Is An Appeal Filed By The This Is An Appeal Filed By The Revenue & Cross Objection Of The & Cross Objection Of The Assessee Against The Order Of The Cit(A),1, Bhubaneswar Against The Order Of The Cit(A),1, Bhubaneswar Against The Order Of The Cit(A),1, Bhubaneswar Dated 7.3.2017 For The Assessment Year For The Assessment Year 2012-13. P A G E 1 | 10 C.O.No.21/Ctk/2021 Assessment Year : 2012-13

bogus purchases, the addition made by him clearly appears to have no basis. It is almost judicially settled that a disclosure statement is not sacrosanct and the assessee has the right to retract from the same. A disclosure statement or admission which is not based on corroborative evidences cannot be the basis to make an addition in the assessment

PRATAP CHANDRA MOHANTY,JAGATSINGHPUR vs. ITO, WARD-1, PARADEEP, PARADEEP

In the result, appeal of the assessee is partly allowed

Bench: Shri N.S Saini & Shri Pavan Kumar Gadaleassessment Year: 2011-2012

purchase from third parties other than the customers. Thus, though the assessee is doing a works contract the same would not fall within the meaning of the word 'works contract' for the purpose of the act due to the exclusion provided in the meaning of 'work' in section 194C of the Act. The issue raised by the Ld. CIT that

DCIT, CORPORATE CIRCLE-1(1), BHUBANESWAR vs. M/S. MAGNUM DREAM HOMES PVT. LTD., BHUBANESWAR

In the result, appeal of the revenue and cross objection of the assessee are dismissed

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Manish Borad & Manish Borad & Manish Boradassessment Year : 2012-13 Dcit, Corporate Circle Dcit, Corporate Circle -1(1), Vs. M/S. Magnum Dream Homes Pvt M/S. Magnum Dream Homes Pvt Bhubaneswar Bhubaneswar Ltd., 132-A, Sector A, Sector-A, Zone-A, Mancheswar Industrial Estate, Mancheswar Industrial Estate, Bhubaneswar. Bhubaneswar. Pan/Gir No. No.Aadcm 2929 A (Appellant (Appellant) .. ( Respondent Respondent) C.O.No.20/Ctk/2021 (Arising Out Of Ita No.249/Ctk/2017) Out Of Ita No.249/Ctk/2017) Assessment Year: 2012-13 13 M/S. Magnum Dream Homes Pvt M/S. Magnum Dream Homes Pvt Vs. Dcit, Corporate Circle Dcit, Corporate Circle -1(1), Ltd., 132-A, Sector A, Sector-A, Zone-A, Bhubaneswar Bhubaneswar Mancheswar Industrial Estate, Mancheswar Industrial Estate, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aadcm 2929 A (Appellant (Appellant) .. ( Respondent Respondent) Assessee/Cross Objector By : Shri J.M.Patnaik J.M.Patnaik , Ar Revenue By : Shri M.K.Gautam, Cit (Dr) Date Of Hearing : 26 /10/ 20 / 2021 Date Of Pronouncement : 23 /12 12/2021 O R D E R Per Bench This Is An Appeal Filed By The This Is An Appeal Filed By The Revenue & Cross Objection Of The Revenue & Cross Objection Of The Assessee Against The Order Of The Cit(A),1, Bhubaneswar Assessee Against The Order Of The Cit(A),1, Bhubaneswar Assessee Against The Order Of The Cit(A),1, Bhubaneswar Dated 7.3.2017 For The Assessment Year For The Assessment Year 2012-13. P A G E 1 | 10 C.O.No.20/Ctk/2021 Assessment Year : 2012-13

purchase expenses is not based on any documents and explanation. He submitted that the statement given by the partner is not based on valid documentary evidence. Ld AR submitted that a disclosure statement or addition which is not relied on corroborative evidences cannot be a basis to make an addition in the assessment. For this proposition, he relied

HI-TECH ESTATES & PROMOTERS (P),BHUBANESWAR vs. ACIT, BHUBANESWAR

In the result, appeals filed by the assessee i

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.235&236/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Acit, Circle-2(2), Bhubaneswar Vs. Hi-Tech Estates & Promoters (P) Ltd. A/170, Sahid Nagar, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaach 9591 G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपील सं./Ita No.249&250/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Hi-Tech Estates & Vs. Acit, Circle-2(2), Promoters (P) Ltd. A/170, Bhubaneswar Sahid Nagar, Bhubaneswar स्थायी लेखा सं./ Pan No. : Aaach 9591 G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से /Revenue By : Shri A.K.Mohapatra, Citdr निर्ााररती की ओर से /Assessee By : Shri B.D.Ojha, Ar सुनवाई की तारीख / Date Of Hearing : 19/09/2017 घोषणा की तारीख/Date Of Pronouncement 21/09/2017 आदेश / O R D E R Per Shri N.S.Saini, Am: These Are Cross Appeals Filed By The Revenue & Assessee Against The Separate Orders Of The Cit(A)-Ii, Bhubaneswar All Dated 01.02.2012 For The Assessment Years 2007-08 & 2008-09. 2. Since The Issue & Facts Involved In These Appeals Are Interconnected, Therefore, They Are Being Heard & Disposed Off Together As Under. 3. In Assessee’S Appeal Grounds No.2 In The Assessment Year 2007- 08 & Ground No.2 In The Assessment Year 2008-09 Are Directed Against

purchased and made ready the same were registered in the name of the buyers. The appellant has kept due record of the money receipt and the same were produced before the AO. Even in the search and seizure proceedings u/s.132 of the Act, no adverse evidence was found as far as advance from customers are concerned. The Department does

ACIT, BHUBANESWAR vs. RAJDHANI SYSTEMS & ESTATES (P) LTD, BHUBANESWAR

In the result, appeals filed by the assessee and revenue are allowed for statistical purposes

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपीऱ सं./Ita No.232&233/Ctk/2012 (नििाारण वषा / Assessment Year :2007-2008 & 2008-2009) Acit, Circle-2(2), Bhubaneswar Vs. Rajdhani Systems &Estates (P) Ltd., A/170, Sahid Nagar, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aabcr 8271 L (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपीऱ सं./Ita No.253&254/Ctk/2012 (नििाारण वषा / Assessment Year :2007-2008 & 2008-2009) Rajdhani Systems &Estates Vs. Acit, Circle-2(2), (P) Ltd., A/170, Sahid Bhubaneswar Nagar, Bhubaneswar स्थायी लेखा सं./ Pan No. : Aabcr 8271 L (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri A.K.Mohapatra, Citdr निर्ााररती की ओर से /Assessee By : Shri B.D.Ojha, Ar सुनवाई की तारीख / Date Of Hearing : 19/09/2017 घोषणा की तारीख/Date Of Pronouncement 21/09/2017 आदेश / O R D E R Per Shri N.S.Saini, Am: These Are Cross Appeals Filed By The Revenue & Assessee Against The Separate Orders Of The Cit(A)-Ii, Bhubaneswar All Dated 01.02.2012 For The Assessment Years 2007-08 & 2008-09. 2. Since The Issue & Facts Involved In These Appeals Are Interconnected, Therefore, They Are Being Heard & Disposed Off Together As Under.

purchased and made ready the same were registered in the name of the buyers. The appellant has kept due record of the money receipt and the same were produced before the AO. Even in the search and seizure proceedings u/s.132 of the Act, no adverse evidence was found as far as advance from customers are concerned. The Department does

ACIT, BHUBANESWAR vs. HI-TECH ESTATES & PROMOTERS (P) LTD, BHUBANESWAR

In the result, appeals filed by the assessee i

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.235&236/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Acit, Circle-2(2), Bhubaneswar Vs. Hi-Tech Estates & Promoters (P) Ltd. A/170, Sahid Nagar, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaach 9591 G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपील सं./Ita No.249&250/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Hi-Tech Estates & Vs. Acit, Circle-2(2), Promoters (P) Ltd. A/170, Bhubaneswar Sahid Nagar, Bhubaneswar स्थायी लेखा सं./ Pan No. : Aaach 9591 G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से /Revenue By : Shri A.K.Mohapatra, Citdr निर्ााररती की ओर से /Assessee By : Shri B.D.Ojha, Ar सुनवाई की तारीख / Date Of Hearing : 19/09/2017 घोषणा की तारीख/Date Of Pronouncement 21/09/2017 आदेश / O R D E R Per Shri N.S.Saini, Am: These Are Cross Appeals Filed By The Revenue & Assessee Against The Separate Orders Of The Cit(A)-Ii, Bhubaneswar All Dated 01.02.2012 For The Assessment Years 2007-08 & 2008-09. 2. Since The Issue & Facts Involved In These Appeals Are Interconnected, Therefore, They Are Being Heard & Disposed Off Together As Under. 3. In Assessee’S Appeal Grounds No.2 In The Assessment Year 2007- 08 & Ground No.2 In The Assessment Year 2008-09 Are Directed Against

purchased and made ready the same were registered in the name of the buyers. The appellant has kept due record of the money receipt and the same were produced before the AO. Even in the search and seizure proceedings u/s.132 of the Act, no adverse evidence was found as far as advance from customers are concerned. The Department does

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

purchased shares worth Rs.25,00,000/- and Rs.3,22,00,000/- respectively from Tribhuvan Tradecom Private Limited were not found on the website of MCA. Thus receipts to the extent of Rs.3,47,00,000/- in the hands of Tribhuvan Tradecom Private Limited have remained unexplained. c) The A.O. also reported to the CIT(A) that Tribhuvan Tradecom Private Limited

DCIT CENTRAL CIRCLE-2, BHUBANESWAR vs. M/S. HOTEL SUKHAMAYA PVT. LTD, BHUBANESWAR

In the result, all the three appeals of the Revenue are dismissed

seizure operation u/s.132 of the Act was carried out on 21.11.2012 at the premises of M/s RKD Construction Pvt. Ltd. which incidentally is the holding company of the assessee. During the course of search at the business premises of the holding company namely M/s RKD Construction Pvt. Ltd., certain loose papers in the shape of vouchers were found and seized

DCIT CENTRAL CIRCLE-2, BHUBANESWAR vs. M/S. HOTEL SUKHAMAYA PVT. LTD, BHUBANESWAR

In the result, all the three appeals of the Revenue are dismissed

seizure operation u/s.132 of the Act was carried out on 21.11.2012 at the premises of M/s RKD Construction Pvt. Ltd. which incidentally is the holding company of the assessee. During the course of search at the business premises of the holding company namely M/s RKD Construction Pvt. Ltd., certain loose papers in the shape of vouchers were found and seized

ITO, BHADRAK WARD, BHADRAK vs. SITANSU SEKHAR MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. DEEPANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. DEEPANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. ANUPAMA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. ANUPAMA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. HIMANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. HIMANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. AMRUTA PREETAM MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. MAMATA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption

ITO, BHADRAK WARD, BHADRAK vs. KISHORE KUMAR MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

seizure operations. A list of beneficiaries who had allegedly taken accommodation entries from these Kolkata based companies had been drawn up by the I.T. Department and the family members of the Shri Kishore Kumar Mohapatra Group featured in it. Consequently the assessee filed a revised return of income for A.Y. 2014-15 on 12.09.2015 wherein the original claim of exemption