M/S. NABADIGANT EDUCATIONAL TRUST,BHUBANESWAR vs. ITO, WARD-2(1), BHUBANESWAR

In the result, both appeals of the assessee are dismissed

charitable objective of the trust and generation of profits which are diverted to those funds. The ld. CIT(A) also observed that the advance of loan in violation of section 13(1)(c) and deposit of the amount is in violation of section 13(1)(d) of the Act and the assessee is also not entitled for exemption u/s.11

SRI SUKHAMAYA DAS,BHUBANESWAR vs. DCIT, CIRCLE-3(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Shri Shri Chandra Mohan Garg, Judicialassessment Year : 2013-14 Sri Sukhmaya Das, Sri Sukhmaya Das, At-N/3/69, Vs. Dcit, Circle -3(1), 3(1), Irc Irc Village, Village, Nayapalli, Nayapalli, Bhubaneswar. Bhubaneswar Pan/Gir No. Aeppd 2993 A Aeppd 2993 A (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri J.M.Pattnaik, Ar , Ar Revenue By : Shri S.C. Mohanty, Dr Dr Date Of Hearing : 28/05/ 2021 1 Date Of Pronouncement : 14 /06/20 /2021 O R D E R

cash deposits of Rs.29,56,900/- (Rs.31,41,900 – Rs.1,85,000) was added to the total income of the assessee u/s.68 of the Act, which was upheld in first appeal. 5. I find that the ld CIT(A) has dismissed the appeal of the assessee exparte without hearing the assessee. I find that the Hon’ble Gujarat High Court

DCIT (EXEMPTIONS), BHUBANESWAR vs. M/S. NILAKANTHA EDUCATIONAL AND CHARITABLE TRUST, BHUBANESWAR

In the result, appeal of the revenue is dismissed

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Manish Borad & Manish Borad & Manish Boradassessment Year : 2009-2010 2010 Dcit (Exemptions), Dcit (Exemptions), Vs. M/S. Nilakantha Educational & M/S. Nilakantha Educational & Bhubaneswar. Bhubaneswar. Charitable Trust, At: Anantpur, Charitable Trust, At: Anantpur, Po: Phulnakhara, Dist:Khurda Po: Phulnakhara, Dist:Khurda Pan/Gir No. No.Aaatn 4043 J (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None Revenue By : Shri M.K.Gautam, Cit (Dr) Date Of Hearing : 21 /10/ 20 / 2021 Date Of Pronouncement : 22 /10 10/2021 O R D E R

charitable and they conform to the prescriptions of Sec.11(2), Sec.11(5), etc. without violating Sec.13. Not only that there have been many decisions from the High Courts, of late, the ITAT Cuttack Bench itself has elaborately dealt with the matter in the following decisions: i. M/s.Human Resource Development and ManagementTrust (ASBM Trust) (ITA N o.127/CTK//2011 and CO. No.14/CTK/2011

SHREE SWAMINARAYAN TEMPLE TRUST,BHUBANESWAR vs. ITO,EXEMPTION,BHUBANESWAR, BHUBANESWAR

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

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.60/Ctk/2023 (ननधाारण वषा / Assessment Year : 2016-2017) Shree Swaminarayan Temple Vs Ito, Exemption Ward, Trust, Bhubaneswar Flat No.204, Bomikhal, Cuttack-751010 Pan No. : Aaqts 4650 N (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Anil Kumar Agrawal, Ar राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 25/06/2024 घोषणा की तारीख/Date Of Pronouncement : 25/06/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 12.11.2021, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2021- 22/1036890501(1) For The Assessment Year 2016-2017. 2. It Was Submitted By The Ld. Ar That The Assessee Is A Trust, Which Has Constructed A Temple, Namely Shree Swami Narayan Main Temple At Puri. For The Purpose Of This Construction Of The Temple, A Trust Had Been Created Vide Trust Deed Dated 25.03.2017. The Assessee Trust Had Sought Registration U/S.12A Of The Act On 14.07.2016. Subsequently, A Manual Application For Registration Had Been Filed On 08.06.2017. The Assessee Had Been Granted Registration U/S.12A Of The Act W.E.F. 8.6.2017 On The Basis Of The Manual Application. Subsequently, An Order U/S.154 Of The Act

charitable trust w.e.f A.Y.2017-2018 i.e. 01.04.2016. The assessee filed its return of income for the impugned assessment year on 15.04.2017. It was the submission that the return filed by the assessee came to be taken up for limited scrutiny on the issue that “the return filed after 07.11.2016 and there was cash deposit

TRIDENT ACADEMY OF CREATIVE TECHNOLOGY,BHUBANESWAR vs. CIT(EXEMPTIONS), HYDERABAD

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahutrident Academy Of Creative Vs. Cit (Exemptions) Hyderabad Technology, Plot No.F2/B1, Chandaka Industrial Estate, Chandrasekharpur, Bhubaneswar. Pan/Gir No.Aabtt 0273 H (Appellant) .. ( Respondent)

charitable nature and genuineness of the activity of the Appellant Trust and therefore the order of the Ld. CIT(E) is not legally sustainable. 8. That the finding of Ld. CIT(E) that the auditor has not verified books, bill and vouchers but has merely put onus on the management is factually misunderstood and negates rationality and jurisprudential conscience

MAHANADI COALFIELDS LTD.,SAMBALPUR vs. DCIT, CIRCLE-2(1), SAMBALPUR

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

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.174/Ctk/2018 (नििाारण वषा / Assessment Year : 2015 - 2016) Mahanadi Coalfields Ltd., Vs. Dcit, Circle-2(1), Sambalpur Jagriti Vihar, Burla, Sambalpur स्थायी ऱेखा सं./Pan No. : Aabcm 5188 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri S.S.Podar, Ca राजस्व की ओर से /Revenue By : Shri S.M.Keshkamat, Citdr सुनवाई की तारीख / Date Of Hearing : 15/01/2020 घोषणा की तारीख/Date Of Pronouncement : 05/06/2020 आदेश / O R D E R Per L.P.Sahu, Am :

Charitable Trust Fund IR 252 indeed a bonafide assessee should not be precluded from switching over to another system of accounting which he find convenient and which would reflect real Income. g) Method must be applied consistently: No particular basis of valuation is suitable for all types of business, but whatever the basis adopted, it should be applied consistently

STATE POLLUTION CONTROL BOARD ODISHA,BHUBANESWAR vs. ITO, WARAD 5(2), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee stands allowed and stay petition stands dismissed

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwals.P.No.11/Ctk/2024 Assessment Year :2017-18 State Pollution Control Board State Pollution Control Board, Vs. Ito, Ward 5(2), Plot No.A-118, Paribesh Bhawan, 118, Paribesh Bhawan, Bhubaneswar Nilakantha Nagar, Agar, Nayapali, Nayapali, Unit-Vii, Bhubaneswar Neswar Pan/Gir No.Aaals 2490 J Aaals 2490 J (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri S.K.Agrawalla, Ca Walla, Ca Revenue By : Shri Sanjay Kumar, Cit Sanjay Kumar, Cit Dr Date Of Hearing : 24/10/20 2024 Date Of Pronouncement : 24/10/20 024 O R D E R Per Bench

deposits; (f) rent received from let out of properties; (g) royalty or license fees for providing technical knowledge and infrastructure; (h) dividend earned from Maharashtra Knowledge Corporation Ltd; (i) capital gains, if any, from disposal of assets as per Government financial guideline and rules of Government of Maharashtra. The exemption in the CBDT notification dt. 29th March, 2016 is valid