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58 results for “condonation of delay”+ Section 147clear

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Key Topics

Section 12A52Section 14743Section 1042Penalty19Section 14818Section 26318Condonation of Delay18Addition to Income17Section 143(3)16

M/S. EXIM INDIA OIL COMPANY LTD,CUTTACK vs. DCIT, CUTTACK

In the result, appeal of the assessee is allowed

ITA 57/CTK/2008[2001-02]Status: DisposedITAT Cuttack10 May 2021AY 2001-02
For Appellant: Shri B.K.Tibrewal,, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 147Section 154Section 43B

condonation of the delay in filing the appeal. 3. We have heard the rival submissions and perused the petition. Ld CIT DR agreed to the fact that the impugned first appellate order was passed by the Ld. CIT(A) on 24.10.2007 and served on the assessee on 29.12.2007. The appeal to the Tribunal has been presented within the prescribed time

SULTAN ENTERPRISES PVT. LTD,,SUNDARPADA, BHUBANESWAR vs. PR. CIT-1, BHUBANESWAR

In the result appeal of the assessee in ITA No

Showing 1–20 of 58 · Page 1 of 3

Section 148A16
Section 271(1)(c)15
Reopening of Assessment15
ITA 29/CTK/2023[2015-16]Status: HeardITAT Cuttack26 May 2023AY 2015-16

Bench: Before S/Shri George Mathan, Judicial & And Ramit Kocharassessment Year : 2015-16 Sultan Enterprises Pvt Ltd., Sultan Enterprises Pvt Ltd., Vs. Pr. Cit, Bhubaneswar Pr. Cit, Bhubaneswar-1 At:Plot No.161, Azad Nagar, At:Plot No.161, Azad Nagar, Sundarpada, Bhubaneswar. Sundarpada, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aascs 1016 R (Appellant (Appellant) .. ( Respondent Respondent)

For Appellant: Shri Sidharth Ray, Sr. AdvocateFor Respondent: Shri Abani Kanta Nayak, CIT DR
Section 143(3)Section 263

condone the delay . It is already conceded by ld. Sr. Advocate representing assessee that the assessee does not have any case on the merits of the issue raised by ld. PCIT in his revisionary order dated 18.03.2021 passed u/s 263 of the 1961 Act. The only surving issue before me is the limitation for invoking the provisions of Section

SUSHIL KUMAR ROUT,ROURKELA vs. ACIT, ROURKELA

In the result, the appeal filed by the assessee is allowed

ITA 253/CTK/2015[1998-99]Status: DisposedITAT Cuttack24 Jan 2017AY 1998-99

Bench: Shri N.S Sainiassessment Year :1998-1999

For Appellant: Shri B.R.Panda, ARFor Respondent: Shri D.K.Pradhan, DR
Section 143(2)Section 143(3)Section 147Section 147(1)Section 147wSection 148

condone the delay of 232 days in filing the appeal before the Tribunal and admit the appeal for hearing. 3. In Ground No.3 of the appeal, the assessee has taken the following ground: “For that the AO without application of own mind or having own reasons to believe reopened the case having followed the direction of the higher authorities

M/S. VINAYAK AGRO INDUSTRIES,ROURKELA vs. ITO WARD-4, ROURKELA

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

ITA 107/CTK/2023[2009-10]Status: DisposedITAT Cuttack22 Nov 2023AY 2009-10
For Appellant: Shri N.K.Rout, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 143(3)Section 148

delay of 9 days each in the present appeals are condoned and both the appeals are disposed off on merits. 3. It was submitted by the ld. AR that there was a search in the premises of the assessee by the Director General of Central Excise Intelligence, Regional Unit, Rourkela on 03.08.2012. In the course of search, one laptop

M/S. VINAYAK AGRO INDUSTRIES,ROURKELA vs. ITO WARD-4, ROURKELA

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

ITA 166/CTK/2023[2012-13]Status: DisposedITAT Cuttack22 Nov 2023AY 2012-13
For Appellant: Shri N.K.Rout, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 143(3)Section 148

delay of 9 days each in the present appeals are condoned and both the appeals are disposed off on merits. 3. It was submitted by the ld. AR that there was a search in the premises of the assessee by the Director General of Central Excise Intelligence, Regional Unit, Rourkela on 03.08.2012. In the course of search, one laptop

M/S. MAHASAKTI FOUNDATION,KALAHANDI vs. ACIT, SAMBALPUR

In the result, the appeals filed by the assessee are allowed

ITA 134/CTK/2015[2007-08]Status: DisposedITAT Cuttack06 Jun 2017AY 2007-08

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri P.K.Mishra, ARFor Respondent: Shri Kunal Singh, CIT DR
Section 11Section 12ASection 147Section 194ASection 201(1)Section 40

condonation of delay in seeking registration was not available. This clearly goes to prove that the first proviso to section 12A(2) was brought in the statute only as a retrospective effect with a view not to affect genuine charitable trusts and societies carrying on genuine charitable objects in the earlier years and substantive conditions stipulated in section

JM MINING AND TRADING PVT. LTD.,TULSIPUR, CUTTACK vs. A.C.I.T, CIRCLE-2(1), CUTTACK, AAYAKAR BHAWAN, SHELTER CHOWK, CUTTACK

In the result, appeals of the assessee stand dismissed

ITA 37/CTK/2024[2011-12]Status: HeardITAT Cuttack23 Jul 2024AY 2011-12

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.36 & 37/Ctk/2024 24 Assessment Years : 2010-11 & 2011 11 & 2011-12 Jm Mining & Trading Pvt Jm Mining & Trading Pvt Vs. Acit, Circle Acit, Circle-2(1), Ltd., Ltd., At At-Madhusudan Cuttack Avenue, Tulsipur, Cuttack Avenue, Tulsipur, Cuttack Pan/Gir No Pan/Gir No.Aabcj 2946 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Sandeep Kumar Jena, Sandeep Kumar Jena, Adv Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 23/0 07/2024 Date Of Pronouncement : 23/0 /07/2024 O R D E R Per Bench

For Appellant: Shri Sandeep Kumar JenaFor Respondent: Shri S.C.Mohanty
Section 147Section 147oSection 148Section 249

147 of the Act. As a consequence the assessment for the impugned A/Y 2010-11 and 2011-12 the appellant company JMMTPL were also reopened \1/s.147 of the Act. As a result for the Ay- 2008-09 to 2010-11 the assessments were completed u/s.14 7 /144 of the Act in substantive manner and for the impugned

JM MINING AND TRADING PVT. LTD,TULSIPUR, CUTTACK vs. A.C.I.T CIRCLE2(1), CUTTACK CIRCLE, CUTTACK, AAYAKAR BHAWAN, SHELTER CHOWK

In the result, appeals of the assessee stand dismissed

ITA 36/CTK/2024[2010-11]Status: HeardITAT Cuttack23 Jul 2024AY 2010-11

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalita Nos.36 & 37/Ctk/2024 24 Assessment Years : 2010-11 & 2011 11 & 2011-12 Jm Mining & Trading Pvt Jm Mining & Trading Pvt Vs. Acit, Circle Acit, Circle-2(1), Ltd., Ltd., At At-Madhusudan Cuttack Avenue, Tulsipur, Cuttack Avenue, Tulsipur, Cuttack Pan/Gir No Pan/Gir No.Aabcj 2946 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Sandeep Kumar Jena, Sandeep Kumar Jena, Adv Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 23/0 07/2024 Date Of Pronouncement : 23/0 /07/2024 O R D E R Per Bench

For Appellant: Shri Sandeep Kumar JenaFor Respondent: Shri S.C.Mohanty
Section 147Section 147oSection 148Section 249

147 of the Act. As a consequence the assessment for the impugned A/Y 2010-11 and 2011-12 the appellant company JMMTPL were also reopened \1/s.147 of the Act. As a result for the Ay- 2008-09 to 2010-11 the assessments were completed u/s.14 7 /144 of the Act in substantive manner and for the impugned

KARANI DAN CHANDAK,JAJPUR ROAD vs. AO, NFAC, DELHI

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

ITA 18/CTK/2024[2017-2018]Status: HeardITAT Cuttack17 May 2024AY 2017-2018

Bench: Shri Rajpal Yadav & Shri R.K.Pandaassessment Year : 2017-18 Karani Dan Chandak, Prop. M/S. Vs. Addl.Joint/Dy.Asst.Commssioner Chandan Zarda Store, Jajpur Of Income Tax, Nfac, Delhi Road, Jajpur Pan/Gir No.Aeppc 8155 H (Appellant) .. ( Respondent) Assessee By : Shri S.C.Bhadra, Ca Revenue By : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 17/05/2024 Date Of Pronouncement : 17/05/2024 O R D E R Per R.K.Panda

For Appellant: Shri S.C.Bhadra, CAFor Respondent: Shri Sanjay Kumar, CIT DR
Section 143(3)Section 147Section 148Section 151Section 69A

condoning the delay in filing of the appeal and thereby sustaining the addition of Rs.3,02,93,425/- made by the AO u/s.69A of the Act being unexplained cash deposit in the bank account during the year. 4. Facts of the case, in brief, are that the assessee is an individual and filed his return of income for the impugned

PRAMOD KUMAR SAHOO,KEONJHAR vs. ITO,KEONJHAR WARD, , KEONJHAR

In the result, appeal filed by the assessee is dismissed

ITA 148/CTK/2025[2011-12]Status: DisposedITAT Cuttack02 May 2025AY 2011-12

Bench: The Ld. Ao There Was Absolutely No Response To Notices Fixing The Dates For Hearing After The Proceedings Had Been Initiated U/S 147 Of The Act. Thereafter, The Ld. Ao Proceeded To Add Rs. 12,00,000/- On Account Of Expenditure From Unknown Sources Incurred In The Marriage Ceremony Of The Assesses Daughter.

Section 147Section 250Section 5

147 of the Act. Thereafter, the Ld. AO proceeded to add Rs. 12,00,000/- on account of expenditure from unknown sources incurred in the marriage ceremony of the assesses daughter. 2 Pramod Kumar Sahoo 1.1 Before the Ld. CIT(A), the assessee filed the appeal with a delay of 1726 days. In justification of the said delay, the assessee

DY. COMMISSIONER OF INCOME TAX( EXEMPTIONS), BHUBANESWAR vs. NABAJUGA EDUCATIONAL AND CHARITABLE TRUST, DHENKANAL

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

ITA 127/CTK/2022[2018-19]Status: HeardITAT Cuttack26 Dec 2022AY 2018-19

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.127/Ctk/2022 (ननधाारण वषा / Assessment Year :2018-2019) Dy. Cit(Exemptions), Vs Nabajuga Educational & Bhubaneswar Charitable Trust, Flat No.N/4-208, Irc Village, Khorda-751015 Pan No. : Aaatn 7735 R & Cross Objection No.03/Ctk/2022 (Arising Out Of Ita No.127/Ctk/2022) (ननधाारण वषा / Assessment Year :2018-2019) Nabajuga Educational & Vs Dy. Cit(Exemptions), Bhubaneswar Charitable Trust, Flat No.N/4-208, Irc Village, Khorda-751015 Pan No. : Aaatn 7735 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri K.C.Jena, CAFor Respondent: Shri M.K.Gautam, CIT-DR
Section 11Section 119(2)Section 139(9)Section 143(1)

147 days in filing the present appeal and appeal of the revenue is heard finally. 3. At the time of hearing, ld. AR submitted that he did not want to press the cross objection and has withdrawn the same. In this regard, ld. AR has also endorsed in the file to that effect. Consequently, the cross objection filed

KALINGA MINING CORPORATION,CUTTACK vs. A.C.I.T, CIRCLE-2(1), CUTTACK

In the result, both appeals of the assessee are allowed

ITA 374/CTK/2023[2009-10]Status: DisposedITAT Cuttack29 Aug 2024AY 2009-10
For Appellant: Shri P.K.Jesthi & Tarun Patnaik, AdvsFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 143(1)Section 143(3)Section 147Section 148Section 154Section 37

condone the delay of 2761 days in filing the present appeals and both the appeals of the assessee are heard on merits. 3. As the issues involved in both the years under appeal are common and the grounds taken by the assessee are also similar, therefore, both the appeals are decided together. For the sake of convenience, facts and grounds

KALINGA MINING CORPORATION,CUTTACK vs. A.C.I.T., CIRCLE-2(1), CUTTACK

In the result, both appeals of the assessee are allowed

ITA 373/CTK/2023[2008-09]Status: DisposedITAT Cuttack29 Aug 2024AY 2008-09
For Appellant: Shri P.K.Jesthi & Tarun Patnaik, AdvsFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 143(1)Section 143(3)Section 147Section 148Section 154Section 37

condone the delay of 2761 days in filing the present appeals and both the appeals of the assessee are heard on merits. 3. As the issues involved in both the years under appeal are common and the grounds taken by the assessee are also similar, therefore, both the appeals are decided together. For the sake of convenience, facts and grounds

KAILASH AGRAWAL,BARGARH vs. ITO, BARGARH WARD, BARGARH

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

ITA 430/CTK/2024[2013-14]Status: HeardITAT Cuttack13 Nov 2024AY 2013-14

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalita No.430 & 431/Ctk/2024 Assessment Year : 2013-14

For Appellant: Shri Subham B Mehta, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 147Section 250Section 271(1)(c)

section 147 r.w.s 144 of the Act for the assessment year 2013 of the Act for the assessment year 2013-14,. P a g e 1 | 4 ITA No.430 & 431/CTK/2024 Assessment Year : 2013-14 2. ITA No.431/CTK/2024 is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated 28.8.2024 in Appeal No.NFAC/2021-22/10186347

KAILASH AGRAWAL,BARGARH vs. INCOME TAX OFFICER, BARGARH

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

ITA 431/CTK/2024[2013-14]Status: HeardITAT Cuttack13 Nov 2024AY 2013-14

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalita No.430 & 431/Ctk/2024 Assessment Year : 2013-14

For Appellant: Shri Subham B Mehta, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 147Section 250Section 271(1)(c)

section 147 r.w.s 144 of the Act for the assessment year 2013 of the Act for the assessment year 2013-14,. P a g e 1 | 4 ITA No.430 & 431/CTK/2024 Assessment Year : 2013-14 2. ITA No.431/CTK/2024 is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated 28.8.2024 in Appeal No.NFAC/2021-22/10186347

HEMANT KUMAR MAJHI,KONGARA vs. ITO, JEYPORE WARD, JEYPORE

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

ITA 65/CTK/2025[2019-20]Status: HeardITAT Cuttack28 May 2025AY 2019-20

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 147Section 148Section 151ASection 250Section 69A

147 r.w.s. 144 of the Act, dated 27.02.2024. I.T.A. No.: 65/CTK/2025 Assessment Year: 2019-20 Hemant Kumar Majhi. 1.1. The Registry has informed that the appeal filed by the assessee is barred by limitation by 83 days. An affidavit seeking condonation of delay has been filed by the assessee stating as under: “I Sri Hemant Kumar Majhi aged about

ROLAND INSTITUTE OF PHARMACEUTICAL SCIENCES,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 268/CTK/2019[2010-11]Status: DisposedITAT Cuttack15 Feb 2021AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

condoned so as to make way for the cause of substantial justice. We accordingly hold that assessee’s impugned delay (supra) is neither intentional nor deliberate but due to circumstances beyond its control. Cases are now taken up for adjudication on merits. 4. We advert to the sole identical issue of section 10(23C)(vi) approval raised in assessee

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 264/CTK/2019[2005-06]Status: DisposedITAT Cuttack15 Feb 2021AY 2005-06

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

condoned so as to make way for the cause of substantial justice. We accordingly hold that assessee’s impugned delay (supra) is neither intentional nor deliberate but due to circumstances beyond its control. Cases are now taken up for adjudication on merits. 4. We advert to the sole identical issue of section 10(23C)(vi) approval raised in assessee

RONALD EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 368/CTK/2019[2008-09]Status: DisposedITAT Cuttack15 Feb 2021AY 2008-09

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

condoned so as to make way for the cause of substantial justice. We accordingly hold that assessee’s impugned delay (supra) is neither intentional nor deliberate but due to circumstances beyond its control. Cases are now taken up for adjudication on merits. 4. We advert to the sole identical issue of section 10(23C)(vi) approval raised in assessee

ROLAND EDUCATIONAL & CHARITABLE TRUST,GANJAM vs. CHEIF CIT, BHUBANESWAR

Appeals are allowed in above terms

ITA 262/CTK/2019[2011-12]Status: DisposedITAT Cuttack15 Feb 2021AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.K. TulsiyanFor Respondent: Shri M.K. Goutham, CIT-DR
Section 10

condoned so as to make way for the cause of substantial justice. We accordingly hold that assessee’s impugned delay (supra) is neither intentional nor deliberate but due to circumstances beyond its control. Cases are now taken up for adjudication on merits. 4. We advert to the sole identical issue of section 10(23C)(vi) approval raised in assessee