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

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

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 | 15 Assessment Year : 2014-15 such orders thereon as it thinks fit”. Admittedly, the Tribunal does have the power to condone the delay. The Tribunal being

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

condoned not rectified. 6. Accordingly, the appeal of the appellant is dismissed.” 4. Rival submissions were heard and the record and the submissions made have been examined. It was submitted before us that there was delayed filing of Form No.10 but section 13(9

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

condoned not rectified. 6. Accordingly, the appeal of the appellant is dismissed.” 4. Rival submissions were heard and the record and the submissions made have been examined. It was submitted before us that there was delayed filing of Form No.10 but section 13(9

SAMASTI INFRASTRUCTURES PRIVATE LIMITED,ASHOK NAGAR vs. INCOME TAX OFFICER, WARD-1(1), BHUBANESWAR

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

9 months. The delay was attributed to the pendency of a rectification petition filed under section 154 of the Act concerning incorrect revenue recognition under ICDS-III.", "held": "The Tribunal condoned

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:

section 253(5) of the Act, the Tribunal may admit an appeal filed beyond the period of limitation where it is satisfied that there exists a sufficient cause on the part of the assessee for not presenting the appeal within the prescribed time. The explanation of the assessee therefore becomes relevant to determine whether the same reflects sufficient and reasonable

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

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

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) ..

section (4), if it is satisfied that there was sufficient cause for not presenting it within that period. As mentioned earlier, we are of the view that the assessee was prevented by substantial cause in not filing the appeal within the prescribed time. Consequently, the delay in filing the appeal stands condoned and the appeal is admitted for hearing

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

In the result appeal of the assessee in ITA No

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)

condone the delay and entertain the appeal, especially when there is no accrued right to the respondent to plead a time bar. The legal position is summarized thus by Justice G.P. Singh in Principles of Statutory Interpretation (12th Edition-Page 541) thus:- "Statutes of Limitation are thus retrospective in so far as they apply to all legal proceedings brought after

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

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned

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

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned

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

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned

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

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

Bench: Shri George Mathan & Shri Rajesh Kumar

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned

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

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned

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

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned

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

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned

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

9. Ld AR submitted that the assessee is a co-operative society engaged in promotion of handicrafts and handloom of Odisha working under the administrative control of Handlooms, Textiles and handicrafts Department of Govt. of Odisha to provide marketing support to primary handicrafts co- operative societies since 1959. Ld AR submitted that the ld CIT(A) has not condoned