PURNA CHANDRA BISWAL,CUTTACK vs. ITO, CUTTACK

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

Bench: Shri N.S Sainiassessment Year :2009-2010

deduction for depreciation from the income of the assessee estimated at 8% of the gross contract receipts. 6.1. The CIT(A) directed

PARADEEP PHOSPHATES LIMITED,BHUBANESWAR vs. PRINCIPAL CIT-1, BHUBANESWAR

In the result, appeal filed by the assessee stands dismissed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2016-17 Paradeep Paradeep Phosphates Phosphates Vs. Pcit, Bhubaneswar Pcit, Bhubaneswar-1 Limited, 5Th Th Floor, Bayan Bhawan, J.N.Road, Kharvel Bhawan, J.N.Road, Kharvel Nagar, Bhubaneswar. Nagar, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcp 3276 D (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.K.Mahapatra, Ca B.K.Mahapatra, Ca Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 15/0 02/2023 Date Of Pronouncement : 15/0 /02/2023 O R D E R

deduction u/s.32AC and the additional depreciation, as the assessee’s claim for deduction u/s.35AD had been denied by the Assessing

THE DHAMRA PORT COMPANY LIMITED,ODISHA vs. DCIT,CIRCLE 1(2), BHUBANESWAR, AAYAKAR BHAWAN, RAJASWA VIHAR, BHUBANESWAR, ORISSA

In the result, appeal of the assessee is allowed with the direction

deduction of "brought forward loss or unabsorbed depreciation, whichever is lower" on year-on-year basis as against the cumulative

SUBASH CHANDRA SUTAR,CUTTACK vs. ACIT, CIRCLE-2(2), CUTTACK

In the result, appeal of the assessee is dismissed

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.135/Ctk/2016 (धनधाारण वषा / Assessment Year :2010-2011) Shri Subash Chandra Sutar, Vs. Acit, Circle-2(2), Prop: Slaa Suppliers, Cuttack Talagarh, Nataj, Cuttack स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Alaps 5188 C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) निर्ााररती की ओर से /Assessee By : Shri B.R.Panda, Ar राजस्व की ओर से /Revenue By : Shri Kunal Singh, Citdr सुनवाई की तारीख / Date Of Hearing : 11/10/2017 घोषणा की तारीख/Date Of Pronouncement 12/10/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit(A), Berhampur, Camp : Bhubaneswar, In Appeal No.0250/12-13, Dated 07.03.2014, Passed U/S.144/250 Of The Income Tax Act, 1961 For The Assessment Year 2010-2011, Wherein The Assessee Has Raised The Following Grounds :- 1. For That The Orders Of The Forums Below Are Improper, Excessive & Contrary To The Facts & Circumstances Of The Case. 2. For That The L.A.O. Even Though The Profit Was Determined In Estimate Basis After Rejecting The Books Of Accounts, The Claim Of Depreciation Should Have Been Allowed From The Net Profit Separately On The Basis Of The Circular Of The C.B.D.T. Therefore, The Order Passed Inflating The Income Is Liable To Be Reduced Accordingly. 3. For That, The Ld. Cit (A) Has Erred In Allowing The Depreciation Separately From The Net Profit & Deposing Of The Order Categorically Directing The A.O. To Deduct The Depreciation Form The Gross Contract Income In Stead Of Considering The Depreciation Separately To Be Deducted After Estimation Of Net Profit. Therefore, The Order Passed By The Ld. Cit (A) Is Liable To Be Quashed Entirely.

deduct the depreciation form the gross contract income in stead of considering the depreciation separately to be deducted after estimation

ADHIKAR,BHUBANESWAR vs. ITO, WARD-2(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2012-2013

depreciation is not allowable during the year under appeal as it will amount to double deduction to the assessee. 5. We find

SOCIETY FOR THE WELFARE OF WEAKER SECTIONS,GAJAPATI vs. DCIT, BERHAMPUR CIRCLE, BERHAMPUR

In the result, appeal of the assessee with regard to ground Nos

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.345/Ctk/2016 (नििाारण वषा / Assessment Year : 2010-2011) Society For The Welfare Of Vs. Dcit, Berhampur Circle, Weaker Sections, Berhampur Near Dfo Office, Ramsagar Road, Parlakhemundi-761200, Odisha स्थायी लेखा सं./Panno. : Aacts 4037 K (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri P.K.Harichandan, Advocate िाजस्व की ओर से /Revenue By : Shri J.K.Lenka, Dr सुनवाई की तािीख / Date Of Hearing : 15/11/2019 घोषणा की तािीख/Date Of Pronouncement : 16/01/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)-3, Bhubaneswar, Dated 26.05.2016 For Assessment Year 2010- 2011. 2. The Assessee Has Filed Concised Grounds Of Appeal, Which Read As Under :- 1. That, The Addition Of Rs.60,000/- On Account Of Donation, By The Id.Ao As Well As Confirmed By The Id Cit (A) Treating The Same, As Anonymous Donation U/S 115Bbc Of The It Act Is Arbitrary .Excessive & Bad In Law. 2. That, The Id. Ao As Well As Cit(A), Without Properly Appreciating The Facts Of The Case & Verifying The Books Of Accounts, Has Wrongly Added Towards Indirect Income Rs. 14,46,915/- Treating The Same, As Income From Unexplained Source In The Nature

deducting the depreciation to the tune of Rs.2,68,275/-, therefore, the ld. AR submitted that depreciation claimed u/s.32 of the Act by the assessee

BRAJA KISHORE DAS,SAMBALPUR vs. DCIT, CIRCLE-1, SAMBALPUR

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

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2011-2012

depreciation, the Assessing Officer is directed to deduct the depreciation from the gross receipts and estimate the net income of the assessee

INSTITUTE OF MANAGEMENT AND ADVANCE GLOBAL EXCELLENCE (IMAGE),BHUBANESWAR vs. ACIT(EXEMPTIONS), BHUBANESWAR

Bench: Me, Ld A.R. Of The Assessee Filed Assessment Orders For The Assessment Years 2006-07, 2007-08, 2008-09 & 2009-2010 Passed

depreciation to the assessee, the assessee is allowed double deduction once on account of application of funds and another on account

ITO, WARD-2(1), BHUBANESWAR, BHUBANESWAR vs. REGIONAL COLLEGE OF MANAGEMENT, BHUBANESWAR

In the result, appeals filed by the revenue and cross objections filed

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

deduction u/s.11 & 12 of the Act. During the years under appeal, depreciation on temple was claimed as deduction by the assessee

ACIT, CUTTACK vs. GANGADHAR JENA, PARADEEP

In the result, appeal of the revenue is dismissed as withdrawn

Bench: Shri Chandra Mohan Garg & Shri L. P. Sahuassessment Year: 2011-2012

deducting depreciation from the gross receipts as claimed by the assessee, as against the profit estimated by the AO @10% and allowing

M/S. BUILDERS SHREE,JAGATSINGHPUR vs. ACIT, CUTTACK

In the result, appeal filed by the assessee is allowed

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2010-2011

depreciation of Rs.9,24,287.26 as claimed by the assessee from the estimated income. 4. On appeal, the CIT(A) directed the Assessing Officer to deduct

DCIT, CIRCLE-4(1), BHUBANESWAR vs. M/S. JAGANNATH CHAUDHURY, BHUBANESWAR

In the result, appeals of the revenue are dismissed

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

deduction towards depreciation, when the AO has estimated income from contract receipts applying net profit rate of 18% of gross

AMBIKA CONSTRUCTION COMPANY,BARIPADA vs. DCIT, BALASORE

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

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.191/Ctk/2015 (नििाारण वषा / Assessment Year : 2011 - 2012) Ambika Construction Company, Vs. Dcit, Balasore Circle, C/O Mangal Kumar Bhaumik, Balasore Ward No.11, Station Bazar, Baripada-757001 स्थायी ऱेखा सं./Pan No. : Aaffa 2848 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri J.M.Pattnaik, Advocate राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तारीख / Date Of Hearing : 22/01/2020 घोषणा की तारीख/Date Of Pronouncement : 17/03/2020 आदेश / O R D E R Per L.P.Sahu, Am : This Is An Appeal Filed By The Assessee Against Order Of Cit(A), Cuttack, Dated 27.02.2015 For The Assessment Year 2011-2012. 2. On Perusal Of The Appeal Record, We Find That Initially The Appeal Of The Assessee Was Disposed Off By The Tribunal Vide Order Dated 29.05.2017. Thereafter The Assessee Carried The Matter To The Hon’Ble Jurisdictional High Court & The Hon’Ble High Court Quashed The Order Of The Tribunal Vide Order Dated 24.04.2019 & Remitted The Matter Back For Consideration Of The Case Of The Assessee In The Light Of The Decision As Has Been Held By The Hon’Ble High Court In Income Tax (Appeal) No.36 Of 2015, Vide Order Dated 20.08.2018 In The Case Of 2 Mohd. Asif Habibi Vs. Pr. Cit & Others. Thereafter As Per The Direction

deduction of the depreciation claimed as per audited Balance sheet at Rs.45,99,281.00 the present appeal is preferred, as detailed

DCIT, ROURKELA vs. M/S. SCAN STEELS LTD., SUNDERGARH

Bench: Shri N.S. Saini & Shri Kuldip Singhdcit, Rourkela Circle, Vs. M/S. Scan Steels Limited, Rourkela. Main Road, Rajgangpur, Distt. Sundergarh.

depreciation claimed as deduction by the assessee as claimed under the Income-tax Act, 1961 (for short ‘the Act’) to the tune

ORISSA COLLEGE OF ENGINEERING & MANAGEMENT ,BHUBANESWAR vs. ITO (EXEMPTIONS), BHUBANESWAR

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Gargassessment Year : 2015-2016

depreciation of Rs. 1,61,866.03 is inadmissible without appreciating the amended provision of Section 11 and Section 10(23C) brought by the Finance(No.2) Act, 2014 and the relevant CBDT Circular No.1/2015 dated 21.01.2015 on notional deduction

SRI KUSHA APAT,KEONJHAR vs. ACIT, CIRCLE-1(1), CUTTACK

In the result, appeal of the assessee is partly allowed

Bench: The Cit(A), The Assessee Contended That It Has Filed Certificates Of Chartered Accountant In Respect Of 2 Nbfcs Namely;

depreciation on vehicles like Fortuner, Scorpio, Bolero, etc. These are SUVs vehicles and use of these vehicles for personal purpose cannot be ruled out. Therefore, he disallowed deduction

PRAHALLAD CHARAN BAUG,BALASORE vs. JCIT, BALASORE

In the result, appeal of the assessee is partly allowed

depreciation however is to be deducted from the new gross receipts and thereafter net profit @8% should be computed from

ACIT,CENTRAL CIRCLE-2, BHUBANESWAR vs. BHARAT CARRIERS LIMITED, KHURDA

In the result, appeal of the revenue is dismissed

Bench: S/ S/Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2010-2011 2011 Acit, Central Circle Acit, Central Circle-2, Vs. Bharat Carriers Ltd., National Bharat Carriers Ltd., National Bhubaneswar Bhubaneswar High High Way Way-16, Pahala, Bhubaneswar. Bhubaneswar. Pan/Gir No. No.Aabcb 7622 H (Appellant (Appellant) .. ( Respondent Respondent) C.O.No.22/Ctk/2021 (In Ita No.217/Ctk/2020) .217/Ctk/2020) Assessment Year : 2010-2011 2011 Bharat Carriers Ltd., National Bharat Carriers Ltd., National Vs. Acit, Central Circle Acit, Central Circle-2, High Way- -16, Pahala, Bhubaneswar Bhubaneswar Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcb 7622 H Cross Objector Cross Objector .. (Appellant) (Appellant)

deduction of Rs.5,27,38,554/- for depreciation as per the Companies Act. He also noticed that depreciation @ 30% was claimed

RIO TINTO ORISSA MINING PVT. LTD.,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeal of the assessee is allowed

depreciation of Rs.50,396/-, totaling to Rs.38,78,058/-) by treating as 'deferred revenue expenses' is arbitrary, erroneous and bad, both in the eye of law and on facts.. (f) That the expenses of Rs, 12,60,570/- has been incurred wholly and exclusively for the purpose of business of the assessee, is fully allowable as deduction