SAINT XAVIER EDUCATIONAL & CHARITABLE TRUST,BHUBANESWAR vs. ITO(EXEMPTION) WARD,, BHUANESWAR

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

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalita Nos.405 & 406 /Ctk/2024 Assessment Year Assessment Years : 2017-18 & 2021-202 2022 Saint Xavier Educational & Saint Xavier Educational & Vs. Ito (Exemption) Ito (Exemption) Charitable Trust, Plot No.12, Charitable Trust, Plot No.12, Ward, Bhubaneswar Ward, Bhubaneswar Janapath, , Satyanagar, Satyanagar, Bhubaneswar Pan/Gir No. No.Aaits 4367 A (Appellant (Appellant) .. ( Respondent Respondent)

Section 3 of the Limitation Act; (v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence

SAINT XAVIER EDUCATIONAL & CHARITABLE TRUST,BHUBANESWAR vs. ITO(EXEMPTION) WARD, BHUBANESWAR

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

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalita Nos.405 & 406 /Ctk/2024 Assessment Year Assessment Years : 2017-18 & 2021-202 2022 Saint Xavier Educational & Saint Xavier Educational & Vs. Ito (Exemption) Ito (Exemption) Charitable Trust, Plot No.12, Charitable Trust, Plot No.12, Ward, Bhubaneswar Ward, Bhubaneswar Janapath, , Satyanagar, Satyanagar, Bhubaneswar Pan/Gir No. No.Aaits 4367 A (Appellant (Appellant) .. ( Respondent Respondent)

Section 3 of the Limitation Act; (v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence

NABA UTKAL TRUST,BHUBANESWAR vs. ITO, EXEMPTION WARD, BHUBANESWAR

Appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma, Jm & Shri Sanjay Awasthi, Am आयकर अपील सं/Ita No.268/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2021-2022) Naba Utkal Trust, Vs Ito, Exemption, Bhubaneswar Plot No.841, Keshab Complex, Cuttack Road, Rasulgarh, Bhubaneswar-751010 Pan No. : Aabtn 0126 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Ambika Prasad Mohanty, Ca राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 28/08/2025 घोषणा की तारीख/Date Of Pronouncement : 02/09/2025 आदेश / O R D E R Per Sonjoy Sarma, Jm: This Is An Appeal Filed By The Assessee Against The Order, Dated 28.12.2024 Passed By The Ld. Addl./Jcit(A), Panaji, For The Assessment Year 2021-2022. 2. The Appeal Of The Assessee Is Barred By 60 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein That The Delay Of 60 Days In Filing The Present Appeal Is Due To Lack Of Knowledge About The Order Passed By The Ld.Pcit. Accordingly, The Assessee Prayed That The Delay Of 60 Days May Kindly Be Condoned & Appeal Of The Assessee May Kindly Be Admitted For Hearing. Ld. Sr. Dr Did Not Raise Any Objection To This Contention Of The Assessee For Condonation Of Delay. Accordingly, We Are Of The View That The Assessee

section 119(2) of the Act and decide on merits. However, while deciding the appeal of the assessee, the ld. CIT(A) dismissed the appeal of the assessee stating that the ld. CIT(A) has no power to condone the delay for late filing of Form 10B. 4. Aggrieved by the above order, the assessee is in further appeal before

M/S. B.K. JENA & ASSOCIATES,KUJANG vs. PR. CIT, CUTTACK

In the result, appeal of the assessee stands partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2014-15 M/S. B.K.Jena & Associates, M/S. B.K.Jena & Associates, Vs. Pr. Cit, Cuttack Pr. Cit, Cuttack Rangiagarh, Rangiagarh, Jhimani, Jhimani, Kujang, Kujang, Jagatsinghpur Jagatsinghpur Pan/Gir No. No.Aagfb 4157 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.R.Mohanty P.R.Mohanty, Ar Revenue By : Shri M.K.Gautam, Cit ( Cit (Dr) Date Of Hearing : 16/9/ 20 / 2022 Date Of Pronouncement : 16/ /9/2022 O R D E R Per Bench

delay in filing of the appeal is not liable to be condoned. 7. We have considered the rival submissions. A perusal of section 254(1) of the Income tax Act, 1961 categorically provides that “the Tribunal is to give both the parties to appeal an opportunity of being heard, pass P a g e 6

KAPILDEV DUBEY,MAYURBHANJ vs. INCOME TAX OFFICER WARD-2,BARIPADA, MAYURBHANJ

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

condone the delay and admit the appeal for adjudication on merit. 4. Brief facts of the case are that the appellant is an individual and was engaged in retail trading of cloth and petrol pump. The return of income for the Assessment year 2017-18 was e-filed on 15.11.2017 declaring total income of Rs. 8,53,890/-. Subsequently

SANDHYA MALLICK ,KENDRAPADA vs. ITO, WARD- 2(2), BHUBANESWAR

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

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2014-15 Sandhya Mallick, At: Andhara, Sandhya Mallick, At: Andhara, Vs. Ito, Ward 2(2), Bhubaneswar. Ito, Ward 2(2), Bhubaneswar. Pattamumndai, Dist: Kendrapara Pattamumndai, Dist: Kendrapara Pan/Gir No. No.Axwpm 2241 A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, Advocate K.K.Bal, Advocate Revenue By : Shri Sovesh Chandra Mohanty, Sr Sovesh Chandra Mohanty, Sr (Dr) Date Of Hearing : 02 /3/ 20 / 2022 Date Of Pronouncement : 07/ /3/2022 O R D E R Per C.M.Garg G, Jm This Is An Appeal Filed By The Assessee Against The Order Of The This Is An Appeal Filed By The Assessee Against The Order Of The This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A),1, Bhubaneswar Cit(A),1, Bhubaneswar Dated 24.9.2018 For The Assessment Year For The Assessment Year 2014-15. 2. The Appeal Is Time Barred By 627 Days. The Assessee Has Filed The Appeal Is Time Barred By 627 Days. The Assessee Has Filed The Appeal Is Time Barred By 627 Days. The Assessee Has Filed Condonation Petition Dated 5.8.2020 Condonation Petition Dated 5.8.2020 Supported By An Affidavit Sworn By The Supported By An Affidavit Sworn By The Assessee, Wherein, It Is Stated As Under: , Wherein, It Is Stated As Under:

condone the delay, hence, the condition petition be rejected. 6. We have heard the rival contentions and perused the material available on record. It is an admitted fact that there has been a delay of 627 days in filing the present appeal. There is also no dispute that under section

GRAM VIKAS TRUST,BERHAMPUR vs. ITO,EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

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

6: That the assessee has been taxed for a procedural delay and has been deprived of substantive justice therefore the Hon’ble Tribunal may direct the Jurisdictional PCIT/CIT to condone the delay in filing of Form 10 under section

GRAM VIKAS TRUST,BERHAMPUR vs. ITO, EXEMPTION WARD, BERAMPUR

In the result, both the appeals filed by the assessee for AYs 2014-

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

6: That the assessee has been taxed for a procedural delay and has been deprived of substantive justice therefore the Hon’ble Tribunal may direct the Jurisdictional PCIT/CIT to condone the delay in filing of Form 10 under section

WOMEN ORGANISATION FOR SOCIO CULTURAL AWARNESS,KEONJHAR vs. ITO,EXEMPTIONS, CUTTACK

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

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

condonation of delay has been filed by the assessee stating as under: “01 That this application arises out of the Income Tax Appeal filed by the assessee causing a delay of 120 days in filing the appeal. 02. That the Petitioner is an Income Tax assessee. It filed the Audit Report in Form No. 10B for the financial year

ALOK MOHANTY,AT-KESHARPUR vs. DCIT, ASMT CIRCLE-2(1), CUTTACK, CUTTACK

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

Bench: Before Shri George Mathan, Judicialassessment Year : 2016-17 Alok Alok Mohanty, Mohanty, At:Kesharpur, Vs. Dcit-Asmt Asmt-Circle-2(1), Buxibazar, Cuttack Buxibazar, Cuttack Cuttack Pan/Gir No. Pan/Gir No.Abcpm 8503 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, Adv K.K.Bal, Adv Revenue By : Shri S.C.Mohanty, : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 20/0 03/2024 Date Of Pronouncement : 20/0 /03/2024

condone the delay of 18 days and admit the appeal for adjudication. 4. Ld AR submitted that the ld CIT (A) has passed the order without hearing the assessee and also without providing sufficient opportunities to put the case before him. It was the submission that as per section 50 of the Act, it is incumbent

MR. NARENDRA KUMA RBAL,KEONJHAR vs. INCOME TAX OFFICER, KEONJHAR WARD, KEONJHAR

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

6 SOT 497 (Mumbai) laid down the following proposition on power of Tribunal to condone delay: "The expression 'sufficient cause or reason' as provided in sub-s. (5) of s. 253 of the Act is used in identical position in the Limitation Act, 1963 and the CPC. Such expression has also been used in other sections

M/S ZERINA MARINE (P) LTD.,BHUBANESWAR vs. DY. CIT CIRCLE-1, BHUBANESWAR

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

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.115/Ctk/2022 (ननधाारण वषा / Assessment Year :1998-1999) M/S Zerina Marines (P) Ltd., Vs Dcit, Circle-1, Bhubaneswar At-67, Sahid Nagar, Bhubaneswar Pan No. :Aaacz 2200 N (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

6. Coming to the powers of the ITAT in respect of condonation of delay, a perusal of the provisions of Section

BARUAN SERVICE CO OPERATIVE SOCIETY LIMITED,JAJPUR vs. INCOME TAX OFFICER, JAJPUR WARD, JAJPUR, JAJPUR

In the result, appeal of the assessee stands allowed for statistical\npurposes

section (6) of sec.250 of the Act. In this\ncase, the tax consultant of the assessee could not file the appeal within the\ntime. For the negligence of the tax consultant, the assessee should not be\npenalised as delaying the appeal, the assessee will not get any benefit. In\nour considered opinion, such delay needs to be condoned

SUJATA NAYAK,RAYAGADA vs. ITO, RAYAGADA

In the result, appeal of the assessee stands partly allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2010-2011 2011 Smt.Sujata Sujata Nayak Nayak, W/O. Vs. Ito, Ito, Rayagada Rayagada Ward, Ward, Shri Lokanath Nayak, Omp Shri Lokanath Nayak, Omp Rayagada Road, Indira Nagar, 6Th Lane, Road, Indira Nagar, 6 Po;Dist: Rayagada Po;Dist: Rayagada Pan/Gir No. Pan/Gir No.Addpn 2024 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Ms Archita Nayak, Ar : Ms Archita Nayak, Ar Revenue By : Shri S.C.Mohanty, Sr S.C.Mohanty, Sr Dr Date Of Hearing : 19/01 01/2023 Date Of Pronouncement : 19/01 /01/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Berhampur, In Appeal No.0055/13 , Berhampur, In Appeal No.0055/13-14 Dated Dated 31.7.2014 For The Assessment Year Assessment Year 2010-2011. 2. Ms Archita Nayak, Ms Archita Nayak, Ld Ar Appeared For The Assessee & Shri Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. S.C.Mohanty, Ld Sr Dr Appeared For The Revenue.

delay in filing of the appeal stands condoned and the appeal is being disposed off on merits. 7. It was submitted by ld AR that there are three issues in the appeal. The first issue was against the action of the ld CIT(A) in confirming the estimation of the profit at 8% by the Assessing Officer as against

ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LIMITED,BHUBANESWAR vs. DCIT,CIRCLE-1(1), BHUBANESWAR

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

Bench: Shri George Mathan & Shri Rajesh Kumar

6. ITA No.504/CTK/2025 is an appeal filed by the assessee against the order dated 20.8.2025 passed by ld CIT(A), NFAC, Delhi in Appeal No.CIT(A),NFAC/2021-22/10384315 for the assessment year 2022-23 in the matter of assessment u/s.144 of the Act. 7. Shri P.R.Mohanty, ld AR appeared for the assessee and Shri Asim Chakraborty, ld CIT DR appeared

ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LIMITED,BHUBANESWAR vs. DCIT,CIRCLE-1(1), BHUBANESWAR

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

Bench: Shri George Mathan & Shri Rajesh Kumar

6. ITA No.504/CTK/2025 is an appeal filed by the assessee against the order dated 20.8.2025 passed by ld CIT(A), NFAC, Delhi in Appeal No.CIT(A),NFAC/2021-22/10384315 for the assessment year 2022-23 in the matter of assessment u/s.144 of the Act. 7. Shri P.R.Mohanty, ld AR appeared for the assessee and Shri Asim Chakraborty, ld CIT DR appeared

ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LIMITED,BHUBANESWAR vs. DCIT,CIRCLE-1(1), BHUBANESWAR

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

Bench: Shri George Mathan & Shri Rajesh Kumar

6. ITA No.504/CTK/2025 is an appeal filed by the assessee against the order dated 20.8.2025 passed by ld CIT(A), NFAC, Delhi in Appeal No.CIT(A),NFAC/2021-22/10384315 for the assessment year 2022-23 in the matter of assessment u/s.144 of the Act. 7. Shri P.R.Mohanty, ld AR appeared for the assessee and Shri Asim Chakraborty, ld CIT DR appeared

ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LIMITED,BHUBANESWAR vs. DCIT,CIRCLE-1(1), BHUBANESWAR

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

Bench: Shri George Mathan & Shri Rajesh Kumar

6. ITA No.504/CTK/2025 is an appeal filed by the assessee against the order dated 20.8.2025 passed by ld CIT(A), NFAC, Delhi in Appeal No.CIT(A),NFAC/2021-22/10384315 for the assessment year 2022-23 in the matter of assessment u/s.144 of the Act. 7. Shri P.R.Mohanty, ld AR appeared for the assessee and Shri Asim Chakraborty, ld CIT DR appeared