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118 results for “depreciation”+ Section 30clear

Sorted by relevance

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Key Topics

Addition to Income70Disallowance52Section 143(3)47Section 26347Section 1042Depreciation33Section 143(2)26Section 14A21Deduction21Section 153A

GURU MAHARAJ CONSTRUCTION,CUTTACK vs. PR CIT(CENTRAL) VISAKHAPATNAM, BHUBANESWAR

In the result, appeal of the assessee is partly allowed

ITA 345/CTK/2023[2018-19]Status: HeardITAT Cuttack08 Jul 2024AY 2018-19

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.345/Ctk/2023 (ननधाारण वषा / Assessment Year : 2018-2019) Guru Maharaj Construction, Vs Pr.Cit(Central) Visakhapatnam, Prativa Niwas, Arunodaya Bhubaneswar Market, Cuttack-753012 Pan No. :Aazpj 2025 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri K.K.Bal, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 08/07/2024 घोषणा की तारीख/Date Of Pronouncement : 08/07/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 06.03.2014, In Din & Order No.Itba/Nfac/S/250/2023- 24/1062072084(1) For The Assessment Year 2015-2016. 2. The Assessee Has Taken Following Grounds Of Appeal:- 1. For That The Order Of The Forum Below Is Arbitrary, Illegal & Unjust Both Is Fact & Law, Hence Liable To Be Quashed. 2. For That Pr. Cit(Central) Erred In Exercising Jurisdiction U/S 263 Of The It Act By Substituting His Subjective Opinion In Place Of The Opinion Formed By The Assessing Office. Since No Jurisdiction U] S 263 Can Be Exercised On Change Of Opinion The Present Order Is Without Jurisdiction, Hence Liable To Be Quashed & Set Aside. 3. For That Ld. Pr. Cit Erred In Passing Order U/S. 263 Of The It Act By Going Against The Law Settled By The Jurisdiction High Court & Without Making A Minimal Enquiry. Therefore The Order Passed U/S 263 Of The It Act Is Illegal & Deserves To Be Quashed & Set Aside.

For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 143(3)

Showing 1–20 of 118 · Page 1 of 6

17
Section 143(1)17
Section 153D16
Section 263

Section 263 of the Act is not correct and, prayed for quashing of the order passed u/s.263 of the Act by the ld. Pr.CIT. 6. Per Contra, the ld. CIT-DR supported the order of the ld. Pr.CIT and submitted that the assessee has claimed depreciation @30

ACIT, CIRCLE-2(1), SAMBALPUR, SAMBALPUR vs. M/S. DIVAKAR ENGINEERING PVT. LTD., SAMBALPUR

In the result, appeal filed by the revenue is partly allowed for

ITA 507/CTK/2014[2010-11]Status: DisposedITAT Cuttack28 Feb 2018AY 2010-11

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

For Appellant: Shri B.R. Panda, ARFor Respondent: Shri Piyush Kolhe, CIT DR
Section 143(1)Section 143(2)Section 194Section 194C

Section 194-C, unless specifically shown otherwise). The AO clearly needed to exhibit greater application of mind as well as assiduousness in his carrying out investigations and ferreting out evidences of satisfactory legal worth. l) Further, the fact that the higher claim of depreciation @ 30

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

In the result, appeal of the assessee is partly allowed

ITA 255/CTK/2017[2012-13]Status: DisposedITAT Cuttack27 Sept 2018AY 2012-13

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

For Appellant: Shri S.C.Bhadra, ARFor Respondent: Shri Subhendu Datta, DR
Section 11Section 11(1)(a)Section 28Section 29Section 30Section 32Section 32(1)Section 34Section 43C

30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery

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

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

ITA 174/CTK/2018[2015-16]Status: DisposedITAT Cuttack05 Jun 2020AY 2015-16

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 :

For Appellant: Shri S.S.Podar, CAFor Respondent: Shri S.M.Keshkamat, CITDR
Section 143(3)Section 14ASection 32Section 35ESection 37Section 37(1)

depreciation on the cost of leasehold land shall be allowed alternatively U/s.37(1) of the Income Tax Act, 1961 or any other section deem appropriate by the Hon' ble Bench. 3 Valuation of closing stock of coal Rs.11840.00 Grounds of (due to impact of overburden lakhs Appeal No.3(2) removal expenditure) Page ref. of Asst. order:4-6 Page ref.of

DCIT, CIRCLE-1(1), SAMBALPUR vs. M/S. IB VALLEY TRANSPORT, JHARSUGUDA

In the result, appeal filed by the revenue is dismissed

ITA 61/CTK/2016[2009-10]Status: DisposedITAT Cuttack02 Nov 2017AY 2009-10

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2009-2010

For Appellant: Shri Mahendra Kumar Kedia, ARFor Respondent: Shri D.K.Pradhan, DR
Section 32

depreciation at 30% claimed by the assessee on use of its tippers in the business of transportation was disallowed by the Assessing Officer on the ground that the assessee was not engaged in the business of letting the vehicles on hire. According to the Assessing Officer, as per section

SMT. SUJATA PANI,DHENKANAL vs. ITO, DHENKANAL WARD, DHENKANAL

In the result, appeal of the assessee is dismissed

ITA 396/CTK/2017[2012-13]Status: DisposedITAT Cuttack17 May 2018AY 2012-13

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

For Appellant: Shri P.K.Sahoo, ARFor Respondent: Shri D.K.Pradhan, DR
Section 263

depreciation on motor car running for hire purposes is 30%. Asse ssment Year : 20 12- 201 3 3. In pursuance to order under section

MGM GREEN ENERGY LIMITED,BHUBANESWAR vs. DCIT,CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

ITA 370/CTK/2019[2014-15]Status: DisposedITAT Cuttack22 May 2024AY 2014-15

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.370/Ctk/2019 (ननधाारण वषा / Assessment Year : 2014-2015) Mgm Green Energy Limited, Vs Jcit, Range Rourkela, Rourkela 5-A, Forest Park, Bhubaneswar Pan No. :Aahcm 8472 C (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Sh A.K.Sabat & Sh B.K.Mahapatra, Cas राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 22/05/2024 घोषणा की तारीख/Date Of Pronouncement : 22/05/2024 आदेश / O R D E R Per Bench : This Appeal Is Filed By The Assessee Against The Order Of The Ld. Cit(A)-1. Bhubaneswar, Dated 11.06.2019, In I.T.Appeal No.0388/16-17 For The Assessment Year 2014-2015. 2. The Assessee Has Taken As Many As Six Grounds Of Appeal, Relating To Various Additions/Disallowances Made To The Income Declared By The Assessee & Also Against The Adjustments Made In The Book Profit U/S.115Jb Of The Act. The Grounds Raised By The Assessee Are As Under :- I) The Ld. Cit(A) Is Erred In Dismissing The Appeal Of The Assessee, Which Is Arbitrary, Erroneous & Bad, Both In The Eyes Of Law. Ii) Disallowance Of Interest Expenses U/S.36(Iii) Of The Act At Rs.1,65,18,400/-; Iii) Disallowance Of Expenses U/S.14A Of The Act/Rule 8D Of It Rules At Rs.2,44,82,488/-; Iv) Addition Of Disallowance Of Expenses U/S.14A At Rs.2,44,82,488/- In The Book Profit As Computed U/S 115Jb; V) Addition/Disallowance Of Expenses U/S.115Jb Of The Act Under The Book Profits; Vi) Disallowance Of Differential Depreciation Of Rs.1,16,63,697/-

For Appellant: Sh A.K.Sabat & Sh B.K.Mahapatra, CAsFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 115JSection 123Section 14ASection 2Section 36Section 36(1)(iii)

depreciation rate prescribed in schedule II read with sub- section 2 of section 123 of the Companies Act, 2013. 3 4. Against this, the assessee preferred appeal before the ld. CIT(A), who dismissed the appeal of the assessee. Therefore, the present appeal is preferred by the assessee before us. Ground No.(i): 5. This ground is general

RASMITA PANDA,CUTTACK vs. ITO WARD1(1), CUTTACK

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

ITA 821/CTK/2025[2020-21]Status: DisposedITAT Cuttack25 Feb 2026AY 2020-21

Bench: Shri George Mathan & Shri Madhusudan Sawdiarasmita Panda, I.T.O., D/O- R C Panda, Kanehipur, Crri, Ward- 1(1), Vs. Cuttack-753006 (Odisha) Cuttack. Pan No. Dbupp 9233 C Appellant/ Assessee Respondent/ Revenue

Section 143(1)Section 147Section 148

section 147 and addition of the entire gross commission income of Rs. 30,00,000, along with depreciation disallowance, is arbitrary

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

In the result, appeals of the revenue are dismissed

ITA 430/CTK/2017[2009-10]Status: DisposedITAT Cuttack28 Aug 2018AY 2009-10

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

For Appellant: Sri Bibekananda Mohanty, ARFor Respondent: Shri A.K.Mohapatra, CIT DR
Section 11Section 11(3)Section 12ASection 13Section 13(1)Section 13(1)(c)Section 143(2)Section 143(3)

section 11 of the Act to the appellant. The Hon’ble Tribunal affirmed the order of the CIT(Appeals) directing A.O. to allow exemption u/s.11 and dismissed the appeal of the Revenue vide the above oder. For the previous year relevant to the A.Y. 2009-10, under consideration, the A.O. denied the exemption claimed u/s.ll in the year under consideration

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

In the result, appeals of the revenue are dismissed

ITA 431/CTK/2017[2009-10]Status: DisposedITAT Cuttack28 Aug 2018AY 2009-10

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

For Appellant: Sri Bibekananda Mohanty, ARFor Respondent: Shri A.K.Mohapatra, CIT DR
Section 11Section 11(3)Section 12ASection 13Section 13(1)Section 13(1)(c)Section 143(2)Section 143(3)

section 11 of the Act to the appellant. The Hon’ble Tribunal affirmed the order of the CIT(Appeals) directing A.O. to allow exemption u/s.11 and dismissed the appeal of the Revenue vide the above oder. For the previous year relevant to the A.Y. 2009-10, under consideration, the A.O. denied the exemption claimed u/s.ll in the year under consideration

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

In the result, appeals of the revenue are dismissed

ITA 432/CTK/2017[2011-12]Status: DisposedITAT Cuttack28 Aug 2018AY 2011-12

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

For Appellant: Sri Bibekananda Mohanty, ARFor Respondent: Shri A.K.Mohapatra, CIT DR
Section 11Section 11(3)Section 12ASection 13Section 13(1)Section 13(1)(c)Section 143(2)Section 143(3)

section 11 of the Act to the appellant. The Hon’ble Tribunal affirmed the order of the CIT(Appeals) directing A.O. to allow exemption u/s.11 and dismissed the appeal of the Revenue vide the above oder. For the previous year relevant to the A.Y. 2009-10, under consideration, the A.O. denied the exemption claimed u/s.ll in the year under consideration

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

In the result, appeals of the revenue are dismissed

ITA 476/CTK/2017[2012-13]Status: DisposedITAT Cuttack04 Sept 2019AY 2012-13

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

For Appellant: Shri B.K.Mohapatra, ARFor Respondent: Shri Subhendu Dutta, DR
Section 44A

depreciation, when the AO has estimated income from contract receipts applying net profit rate of 18% of gross contract receipts, in accordance with the provisions of sections u/s.44AD of the I.T. Act and when the provision of Sub-section(2) of Section 44AD clearly stipulates that the provisions of sections 30

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

Appeals are allowed in above terms

ITA 267/CTK/2019[2009-10]Status: DisposedITAT Cuttack15 Feb 2021AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next

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

Appeals are allowed in above terms

ITA 263/CTK/2019[2012-13]Status: DisposedITAT Cuttack15 Feb 2021AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next

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

Appeals are allowed in above terms

ITA 261/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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next

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

Appeals are allowed in above terms

ITA 269/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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next

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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next

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

Appeals are allowed in above terms

ITA 270/CTK/2019[2012-13]Status: DisposedITAT Cuttack15 Feb 2021AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next

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

Appeals are allowed in above terms

ITA 265/CTK/2019[2007-08]Status: DisposedITAT Cuttack15 Feb 2021AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next

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

30 -: ITA No. 368/CTK/2019 and others Roland Educational & Charitable Trust, Berahampur trust deed also comprises of multiple clauses of carrying other than educational activity, their lordships hold that merely because one of the said clauses stipulated that the said assessee might also carry other business would not per se make it not entitled for getting section 10(23C) approval. Next