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39 results for “capital gains”+ Cash Depositclear

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Key Topics

Addition to Income33Section 14831Section 1117Section 15116Section 14714Section 26313Condonation of Delay11Disallowance11Section 143(3)10

ASHWIN KUMAR AGARWAL,CUTTACK vs. DCIT ASMNT CIRCLE-2(1)CUTTACK, CUTTACK

In the result, appeal of the assessee is allowed

ITA 507/CTK/2024[2016-17]Status: DisposedITAT Cuttack13 Dec 2024AY 2016-17
Section 10(38)Section 143(3)Section 68

deposited in respondent’s bank account. In view thereof, the CIT(A) found there was no reason to add the capital gains as unexplained cash

KANAK BHANJ DEO,BHUBANESWAR vs. ITO, WARD-5(3), BHUBANESWAR

In the result, appeal of the assessee is dismissed

ITA 21/CTK/2024[2017-2018]Status: HeardITAT Cuttack10 Jul 2024AY 2017-2018

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.21/Ctk/2024 (ननधाारण वषा / Assessment Year : 2017-2018) Kanak Bhanj Deo, Vs Ito, Ward-5(3), Bhubaneswar Plot No.2093/3341, Lane-5, Jaydev Vihar, Bhubaneswar, Odisha-751013 Pan No. :Angpb 4721 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri N.R.Biswal, Ca राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/07/2024 घोषणा की तारीख/Date Of Pronouncement : 10/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 16.11.2023, In Din & Order No.Itba/Nfac/S/250/2023- 24/1058002817(1) For The Assessment Year 2017-2018. 2. Brief Facts Of The Case Are That The Assessee Has Entered Into Joint Development Agreement (Jda) With The Builder On 13.01.2012 & Further Executed A Distribution Agreement On 05.11.2014 According To Which The Land Of The Assessee Was Given To The Developer For Construction Of Multistoried Building & As Per Distribution Agreement, In Consideration The Assessee Is Entitled For 26% Area In The Constructed Building. During The Impugned Year The Assessee Has Got Four Flats Having Total Area Of 4220.23 Sq.Ft. (Including 92.85 Sq.Ft. Additional Area) As The Sale Consideration Being 26% Of The Newly Constructed Building. Out Of The Said

Showing 1–20 of 39 · Page 1 of 2

Section 271D9
Cash Deposit9
Exemption9
For Appellant: Shri N.R.Biswal, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 54F

cash deposit during demonetization period and the assessment was completed wherein the AO allowed the deduction u/s.54F of the Act on one flat and also computed short-term capital loss on sale of two flats against the capital gain

SMT. SANJUKTA PRUSTY,BHUBANESWAR vs. ITO, WARD-3(5), BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 95/CTK/2017[2013-14]Status: DisposedITAT Cuttack16 Jan 2020AY 2013-14

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2013-14

For Appellant: Shri Niranjan Panda, ARFor Respondent: Shri Subhendu Dutta, DR
Section 131Section 143(3)Section 250

Capital Gain after taking exemption U/s.54F of the I.T.Act 1961. The copy of the acknowledgement along with the hard copy of the return are enclosed in the paper book-1 submitted on 08.01.2018 and marked as Annexure-C (page-31 to 40) for you honour's kind perusal. 5.8 That under the above said facts and circumstances of the case

SMT. PURNIMA DAS,BHUBANESWAR vs. PR. CIT-1,, BHUBANESWAR

ITA 95/CTK/2022[2017-18]Status: HeardITAT Cuttack16 Feb 2023AY 2017-18

Bench: S/Shri George Mathan & Arun Khodpiaassessment Year : 2017-18 Smt. Purnima Das, C/O. Vs. Pr. Cit, Bhubaneswar-1. Biswajit Das, At-9, Budha Nagar, Budheswari, Bhubaneswar. Pan/Gir No.Aazpd0112 B (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Ar Revenue By : Shri M.K.Gautam, Cit Dr Date Of Hearing : 16/02/2023 Date Of Pronouncement : 16/02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr.Cit Passed U./S.263 Of The Act, Dated 12.3.2022 In Appeal No. Itba/Rev/F/Reev5/2021-22/10540634159(1) For The Assessment Year 2017-18. 2. Shri P.K.Mishra, Ld Ar Appeared For The Assessee Assisted By Ms.Sugyanee Kuanr & Ms. Simran Samal, Intern From Birla School Of Law (Bgu), Bhubaneswar & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue Assisted By Shri Dharmashoka Panda, Intern From Birla School Of Law (Bgu), Bhubaneswar. 3. It Was Submitted By Ld Ar That The Assessee Is An Individual, Who Is A Professor Of Mathematics At P.N.College, Khurda. The Assessee Had Filed Her Return Of Income For The Relevant Assessment Year On 5.8.2017

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 142(1)Section 143(3)Section 271D

capital gain, your Assessee has declared it in the return of income as exempted income, for which she is lawfully entitled to. your Assessee submits herewith copies of purchase Deed and sale Deed and copy of Khatiyan for your reference and record On perusal of Deeds, it will be clear that the lands sold are purely agricultural land

M/S. NIYATI FOODS PRIVATE LIMITED,JHARSUGUDA vs. ACIT, CIRCLE-1(1), BHUBANESWAR

ITA 160/CTK/2017[2006-07]Status: DisposedITAT Cuttack15 May 2018AY 2006-07

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2006-2007

For Appellant: Shri Mahendra Kumar Kedia, ARFor Respondent: Shri D.K.Pradhan, DR
Section 131Section 250(4)Section 68

capital gain of 4410% in the case of Sudama Trading & Investment Ltd and 10435%, in the case of Shiv Om Investment Ltd in nearly one year. Both of these companies are non- descript companies and the sale rates have been pushed through manipulation. Even the fortune 500 companies have not reported such fantastic gains in one year

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

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

ITA 491/CTK/2024[2016-17]Status: DisposedITAT Cuttack28 Jan 2025AY 2016-17

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-

Section 68

capital gains" or under "profits and gains of business or profession", it is essential to know the manner of disclosure of investment/accounting relating to listed shares and securities transactions 3.1.20. Accordingly, the direction was issued in this 'limited scrutiny' to examine whether the investment and income relating to securities transactions are duly disclosed. 3.1.21. The 'limited scrutiny' was never initiated

PAHANAWA ASSOCIATES PRIVATE LIMITED,BHUBANESWAR vs. JCIT, RANGE-1, BHUBANESWAR

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

ITA 174/CTK/2023[2015-16]Status: DisposedITAT Cuttack03 Sept 2024AY 2015-16

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.174/Ctk/2024 (ननधाारण वषा / Assessment Year : 2017-2018) Naveen Kumar Gupta Vs Acit, Circle Rourkela, Rourkela Sector-C, Main Road, Bandamunda, Rourkela, Odisha-770032 Pan No. :Adspg 0050 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Abhijeet Agarwal, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 03/09/2024 घोषणा की तारीख/Date Of Pronouncement : 03/09/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Dated 16.02.2024 Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1061029134(1) For The Assessment Year 2017-2018 On The Strength Of Following Grounds Of Appeal :- A. For That The Order Passed By The Ld. Nfac Is Ex-Facie Illegal, Excessive, Bad In Law & As Such Liable To Be Quashed In Limine. B. For That The Ld. Nfac Totally Misinterpreted The Fact & Has Upheld The Addition Of Rs.1,60,00,000/-. C. For That The Ld. Nfac Instead Of Completely Setting Aside The Addition Of Rs.2,80,50,000/- Has Instead Directed The Assessing Officer To Delete The Amount After Verification.

For Appellant: Shri Abhijeet Agarwal, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR

capital gain in the hands of the assessee is directed to be deleted. 8. It is further observed by us that even otherwise this transaction of purchase of property was actually pertained to the partnership firm M/s. Aaravindam Lifspace LLP, therefore the assessee cannot be asked for the source of investments in his individual capacity therefore, on this score also

NABIN KUMAR GUPTA,BANDAMUNDA vs. ASSISSTANT COMMISSIONER OF INCOME TAX, CIRCLE ROURKELA, ROURKELA

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

ITA 174/CTK/2024[2017-18]Status: HeardITAT Cuttack03 Sept 2024AY 2017-18

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.174/Ctk/2024 (ननधाारण वषा / Assessment Year : 2017-2018) Naveen Kumar Gupta Vs Acit, Circle Rourkela, Rourkela Sector-C, Main Road, Bandamunda, Rourkela, Odisha-770032 Pan No. :Adspg 0050 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Abhijeet Agarwal, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 03/09/2024 घोषणा की तारीख/Date Of Pronouncement : 03/09/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Dated 16.02.2024 Passed In Din & Order No.Itba/Nfac/S/250/2023-24/1061029134(1) For The Assessment Year 2017-2018 On The Strength Of Following Grounds Of Appeal :- A. For That The Order Passed By The Ld. Nfac Is Ex-Facie Illegal, Excessive, Bad In Law & As Such Liable To Be Quashed In Limine. B. For That The Ld. Nfac Totally Misinterpreted The Fact & Has Upheld The Addition Of Rs.1,60,00,000/-. C. For That The Ld. Nfac Instead Of Completely Setting Aside The Addition Of Rs.2,80,50,000/- Has Instead Directed The Assessing Officer To Delete The Amount After Verification.

For Appellant: Shri Abhijeet Agarwal, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR

capital gain in the hands of the assessee is directed to be deleted. 8. It is further observed by us that even otherwise this transaction of purchase of property was actually pertained to the partnership firm M/s. Aaravindam Lifspace LLP, therefore the assessee cannot be asked for the source of investments in his individual capacity therefore, on this score also

KANAKALATA MALLICK,B-FIFTY FIVE,SECTOR-EIGHT vs. JCIT, CUTTACK

In the result, appeal of the assessee is allowed

ITA 363/CTK/2023[2018-19]Status: HeardITAT Cuttack10 Jul 2024AY 2018-19

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.363/Ctk/2023 (ननधाारण वषा / Assessment Year : 2018-2019) Kanaklata Mallick, Vs Jcit, Cuttack B-Fifty Five, Sector-Eight, Cda, Odisha-753014 Pan No. :Acspm 3665 K (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Natabar Panda, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/07/2024 घोषणा की तारीख/Date Of Pronouncement : 10/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 20.09.2023, In Din & Order No.Itba/Nfac/S/250/2023- 24/1056301242(1) For The Assessment Year 2018-2019. 2. The Only Issue In This Appeal Is In Regard To The Confirmation Of Penalty Levied U/S.271Da Of The Act For Violation Of The Provisions Of Section 269St Of The Act. Ld. Jcit Has Initiated The Penalty Proceedings U/S.271Da Of The Act By Issuing A Show Cause Notice Dated 01.10.2021 & Thereafter Levied The Penalty Of Rs.5,00,000/- Vide Impugned Order Dated 27.04.2022. In First Appeal, The Ld. Cit(A) Has Confirmed The Said Penalty, Therefore, The Assessee Is Before Us In The Present Appeal. 3. During The Course Of Arguments, Ld. Ar Of The Assessee Submitted That The Assessee Had Received More Than 90% Of The Consideration

For Appellant: Shri Natabar Panda, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 26Section 269SSection 271D

deposited by the assessee into the bank account, hence does not attract the provisions of section 269SS of the Act since there is no suppression of cash receipts by the assessee. The assessee has also offered the capital gains

JAY KISHORE CHOUBEY,RAIRANGPUR vs. ACIT, CIRCLE-1, ASANSOL

In the result, appeal of the assessee stands allowed

ITA 2/CTK/2023[2010-11]Status: DisposedITAT Cuttack29 Nov 2023AY 2010-11

Bench: Before S/Shri George Mathan, Judicial & Girish Agrawalassessment Year : 2010-2011 2011 Jay Jay Kishore Kishore Choubey, Choubey, Vs. Acit, Circle Acit, Circle-1, Asansol. Rairangpur Bazar, Rairangpur, Rairangpur Bazar, Rairangpur, Mayurbhanj. Pan/Gir No. Pan/Gir No.Acmpc 1759 N (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.R.Mohanty P.R.Mohanty, Adv Revenue By : Shri Charan Das, Sr. Das, Sr. Dr Date Of Hearing : 29/11 11/2023 Date Of Pronouncement : 29/11 /11/2023 O R D E R Per Bench

For Appellant: Shri P.R.MohantyFor Respondent: Shri Charan Das, Sr
Section 147Section 148

cash deposit and interest were Rs.73,69,368/- i.e. exceeding maximum amount which was not chargeable to income tax. The assessee society has not filed its return of income for the A.Y. 2010- 11 which the assessee was under statutory obligation to file In view of the above facts and circumstances, I have sufficient reason to believe that income

M/S. ANGUL SUKINDA RAILWAY LTD.,BHUBANESWAR vs. ITO, WARD- 1(1), BHUBANESWAR

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 385/CTK/2019[2014-15]Status: DisposedITAT Cuttack02 Nov 2020AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.384&385/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Angul Sukinda Railway Ltd., Vs. Ito Ward-1(3), Bhubaneswar Plot No.7622/4706, Press Chhaka Gajapati Nagar, Bhubaneswar-751005 Pan No. : Aahca 6638 E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ved Jain, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 21/10/2020 घोषणा की तािीख/Date Of Pronouncement : 03/11/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Filed By The Assessee Against The Order Dated 16.09.2019, Passed By The Cit(A)-1, Bhubaneswar For The Assessment Year 2013-2014 & 2014-2015. 2. Grounds Taken By The Assessee For A.Y.2013-2014 Are As Under :- 1. That The Order Of The Ld. Ao Is Illegal, Arbitrary Contrary To Evidence On Record & Without Application Of Mind & For That Matter The Said Order Is Liable To Be Quashed And/Or Annulled. 2. That On The Facts Of Circumstances Of The Case, The Ld. Ao Has Erred In Treating Interest On Fdr & Flexi Deposit Amounting To Rs. 1,08,02,969/- As Revenue Receipt & Made Addition Although The Said Interest Is Inextricably Linked To The Project & Is Purely A Capital Receipt & Hence The Aforesaid Addition Is Liable To Be Deleted. 3. That The Ld. Ao Has Erred Both In Law & Facts By Treating Capital Receipt As Revenue 5. That The Appellant Craves Leave To Add Or To Amend The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. For These & Among Other Grounds To Be Urged At The Time Of Hearing, Adequate Relief As May Be Deemed Fit Be Granted In The Matter.

For Appellant: Shri Ved Jain, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 115J

cash equivalents. Out of total share capital/reserves of Rs.248.29 crores, the capital work-in-progress as on 31.03.2014 stands at Rs.112.49 crores. The amount invested as FDRs in banks has neither been given as advances to RVNL nor utilized in meeting day to day expenses as alleged. In this case, the AR of the assessee had relied upon the decisions

M/S. ANGUL SUKINDA RAILWAY LTD.,BHUBANESWAR vs. ITO, WARD- 1(1), BHUBANESWAR

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 384/CTK/2019[2013-14]Status: DisposedITAT Cuttack02 Nov 2020AY 2013-14

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.384&385/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Angul Sukinda Railway Ltd., Vs. Ito Ward-1(3), Bhubaneswar Plot No.7622/4706, Press Chhaka Gajapati Nagar, Bhubaneswar-751005 Pan No. : Aahca 6638 E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ved Jain, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 21/10/2020 घोषणा की तािीख/Date Of Pronouncement : 03/11/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Filed By The Assessee Against The Order Dated 16.09.2019, Passed By The Cit(A)-1, Bhubaneswar For The Assessment Year 2013-2014 & 2014-2015. 2. Grounds Taken By The Assessee For A.Y.2013-2014 Are As Under :- 1. That The Order Of The Ld. Ao Is Illegal, Arbitrary Contrary To Evidence On Record & Without Application Of Mind & For That Matter The Said Order Is Liable To Be Quashed And/Or Annulled. 2. That On The Facts Of Circumstances Of The Case, The Ld. Ao Has Erred In Treating Interest On Fdr & Flexi Deposit Amounting To Rs. 1,08,02,969/- As Revenue Receipt & Made Addition Although The Said Interest Is Inextricably Linked To The Project & Is Purely A Capital Receipt & Hence The Aforesaid Addition Is Liable To Be Deleted. 3. That The Ld. Ao Has Erred Both In Law & Facts By Treating Capital Receipt As Revenue 5. That The Appellant Craves Leave To Add Or To Amend The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. For These & Among Other Grounds To Be Urged At The Time Of Hearing, Adequate Relief As May Be Deemed Fit Be Granted In The Matter.

For Appellant: Shri Ved Jain, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 115J

cash equivalents. Out of total share capital/reserves of Rs.248.29 crores, the capital work-in-progress as on 31.03.2014 stands at Rs.112.49 crores. The amount invested as FDRs in banks has neither been given as advances to RVNL nor utilized in meeting day to day expenses as alleged. In this case, the AR of the assessee had relied upon the decisions

ITO, WARD-1(2), BHUBANESWAR vs. SUVAKETAN BUILDERS PVT. LTD., BHUBANESWAR

ITA 162/CTK/2018[2013-14]Status: DisposedITAT Cuttack28 Aug 2018AY 2013-14

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2013-2014

For Appellant: Shri S.C.Bhadra, ARFor Respondent: Shri Subhendu Datta, DR
Section 251(2)

capital gains. On the basis of statement of Mr Mir Sarif, the Assessing Officer made an addition of Rs. 2 crores as unexplained investment in the hands of the assessee company rejecting the assessee’s claim that it had not paid any amount in excess of Rs.25,43,310/- as stated in the registered conveyance deed. 4. On appeal before

AKSHYA KUMAR CHOUDHURY,KHORDA vs. ITO,WARD-3(1), BHUBANESWAR

ITA 391/CTK/2024[2017-18]Status: HeardITAT Cuttack17 Oct 2024AY 2017-18

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita

deposits, however, accepted the contentions of the assessee on account of long term capital gain and allowed part relief by upholding the addition of Rs.2,37,750/- out of total addition of Rs.16,50,250/- made by AO on this account. Aggrieved by the ordr of ld. CIT(A), the assessee is in appeal before us challenging the confirmation

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR vs. INCOME TAX OFFICER,WARD-1(1), BHUBANESWAR,ODISHA

In the result, all the four appeals of the assessee are allowed

ITA 86/CTK/2024[2015-16]Status: HeardITAT Cuttack04 Jun 2024AY 2015-16
For Appellant: Shri S.K.Agrawalla, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 147Section 148Section 151Section 271(1)(b)Section 271(1)(c)Section 69A

capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4,28,44,600 on which the income was recognised under the completed contract method, which had been accounted for in the financial statements of the assessee and also discharge the due tax liability, therefore the additions of Rs.5,56,94,020 is liable

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR vs. INCOME TAX OFFICER,NFAC,DELHI, NFAC DELHI

In the result, all the four appeals of the assessee are allowed

ITA 87/CTK/2024[2015-16]Status: HeardITAT Cuttack04 Jun 2024AY 2015-16
For Appellant: Shri S.K.Agrawalla, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 147Section 148Section 151Section 271(1)(b)Section 271(1)(c)Section 69A

capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4,28,44,600 on which the income was recognised under the completed contract method, which had been accounted for in the financial statements of the assessee and also discharge the due tax liability, therefore the additions of Rs.5,56,94,020 is liable

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR,ODISHA vs. INCOME TAX OFFICER,WARD-1(1), BHUBANESWAR

In the result, all the four appeals of the assessee are allowed

ITA 91/CTK/2024[2015-16]Status: HeardITAT Cuttack04 Jun 2024AY 2015-16
For Appellant: Shri S.K.Agrawalla, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 147Section 148Section 151Section 271(1)(b)Section 271(1)(c)Section 69A

capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4,28,44,600 on which the income was recognised under the completed contract method, which had been accounted for in the financial statements of the assessee and also discharge the due tax liability, therefore the additions of Rs.5,56,94,020 is liable

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR,ODISHA vs. INCOME TAX OFFICER,WARD-1(1), BHUBANESWAR

In the result, all the four appeals of the assessee are allowed

ITA 90/CTK/2024[2015-16]Status: HeardITAT Cuttack04 Jun 2024AY 2015-16
For Appellant: Shri S.K.Agrawalla, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 147Section 148Section 151Section 271(1)(b)Section 271(1)(c)Section 69A

capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4,28,44,600 on which the income was recognised under the completed contract method, which had been accounted for in the financial statements of the assessee and also discharge the due tax liability, therefore the additions of Rs.5,56,94,020 is liable

M/S. HARIDASPUR PARADIP RAILWAY COMPANY LTD.,BHUBANESWAR vs. DCIT, CORPORATE CIRCLE- 1(1), BHUBANESWAR

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

ITA 383/CTK/2019[2014-15]Status: DisposedITAT Cuttack07 Oct 2020AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.383/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Haridaspur Paradip Railway Vs. Dcit, Corporate Circle-1(1), Company Limited, Bhubaneswar J/7, Pal Heights, Jayadev Vihar, Bhubaneswar-751013 Pan No. : Aabch 9319 R (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ved Jain, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 09/10/2020 घोषणा की तािीख/Date Of Pronouncement : 12/10/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Is An Appeal Filed By The Assessee Against The Order Dated 24.09.2019, Passed By The Cit(A)-1, Bhubaneswar For The Assessment Year 2014-2015, On The Following Grounds Of Appeal :- 1. That The Order Of The Ld. Ao Is Illegal, Arbitrary Contrary To Evidence On Record & Without Application Of Mind & For That Matter The Said Order Is Liable To Be Quashed And/Or Annulled. 2. That On The Facts Of Circumstances Of The Case, The Ld. Ao Has Erred In Treating Interest On Fdr & Flexi Deposit Amounting To Rs.3,27,79,005/- As Revenue Receipt & Made Addition Although The Said Interest Is Inextricably Linked To The Project & Is Purely A Capital Receipt & Hence The Aforesaid Addition Is Liable To Be Deleted. 3. That The Ld. Ao Has Erred Both In Law & Facts By Treating Capital Receipt As Revenue. 5. That The Appellant Craves Leave To Add Or To Amend The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. For These & Among Other Grounds To Be Urged At The Time Of Hearing, Adequate Relief As May Be Deemed Fit Be Granted In The Matter.

For Appellant: Shri Ved Jain, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 115J

gains of business or profession'. There would, therefore, be no requirement of taking recourse to Section 56 of the IT Act for taxing the interest income under this residuary clause as income from other sources. In our view, to decide the question as to whether a particular source of income is business income, one would have to look

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

In the result, appeal of the assessee is allowed

ITA 91/CTK/2022[2017-18]Status: DisposedITAT Cuttack13 Dec 2022AY 2017-18

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) ..

For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri M.K.Gautam, CIT-DR
Section 11Section 12ASection 143(3)Section 154Section 234CSection 263

cash deposits made during demonetization period and explanations offered in course of assessment, Ld. Assessing officer being satisfied completed the assessment by accepting the return of income of the assessee. 4. That there after the CIT(exemption) Hyderabad called for the assessment record of the A/Y -2017-18 for examination and after examination found the order dated 25.07.2019 passed