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5 results for “depreciation”+ Section 92clear

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Key Topics

Section 26312Section 143(3)6Section 115J5Section 14A4Section 43B4Depreciation3Addition to Income3Section 36(1)(iii)2Section 194J2Disallowance

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 115J
2
Revision u/s 2632
Exemption2
Section 123
Section 14A
Section 2
Section 36
Section 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

NATIONAL ALUMINIUM COMPANY LIMITED,BHUBANESWAR vs. PRINCIPAL CIT-1, BHUBANESWAR

In the result, appeal of the assessee stands allowed

ITA 62/CTK/2021[2016-17]Status: DisposedITAT Cuttack30 Nov 2023AY 2016-17

Bench: Before S/Shri George Mathan, Judicial & Girish Agrawalassessment Year : 2016-17 National National Aluminium Aluminium Vs. Dcit, Circle Dcit, Circle -1(2), Company Limited., Nalco Company Limited., Nalco Bhubaneswar Bhubaneswar Bhawan, Bhawan, Nayapalli, Nayapalli, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aaacn 7449 M (Appellant) ) .. ( Respondent Respondent) Assessee By Assessee By : Shri Ved Jain, Ca & Shri P. Venugopal Rao, Ca Venugopal Rao, Ca Revenue By : Dr.Abani Kanta Nayak, Abani Kanta Nayak, Cit Dr Date Of Hearing : 30/11 11/2023 Date Of Pronouncement : 30/11 /11/2023 O R D E R Per Bench

For Appellant: Shri Ved Jain, CA and Shri P. Venugopal Rao, CAFor Respondent: Dr.Abani Kanta Nayak
Section 142Section 142(1)Section 143(3)Section 153ASection 234BSection 263Section 43B

depreciation at Rs. 4,68,68,569/- on 100% block of asset acquired of Rs. 12,81,03,727/-. Please explain how the same is admissible under the provisions of the Act. P a g e 3 | 13 Assessment Year : 2016-17 2. You have claimed deduction u/s 32AC of the Act. In this regard please furnish following details

MAA JAGAT JANANI SEVA TRUST,NAMBIRA vs. ACIT (EXEMPTION CIRCLE), BHUBANESWAR

In the result, appeal of the assessee stands allowed

ITA 249/CTK/2023[2014-15]Status: DisposedITAT Cuttack16 Jul 2024AY 2014-15

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2014-2015 2015 Maa Maa Jagat Jagat Janani Janani Seva Seva Vs. Asst. Asst. Commissioner Commissioner Of Of Trust, At- -Nambira, Po: Income Income Tax, Tax, Exemption Exemption Bamebari, Ps: Joda, Dist: Bamebari, Ps: Joda, Dist: Circle, Bhubaneswar Circle, Bhubaneswar Keonjhar Pan/Gir No Pan/Gir No.Aadtm 1575 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.K.Mishra, P.K.Mishra, Adv Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 16/0 07/2024 Date Of Pronouncement : 16/0 /07/2024 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Ord This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi Cit(A), Nfac, Delhi Dated 7.6.2023 In Appeal No.Nfac/2013 Nfac/2013-14/10180318 For The Assessment Year For The Assessment Year 2014-15. 2. Shri P.K.Mishra, P.K.Mishra, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri Sanjay Kumar, Ld Cit Kumar, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri P.K.MishraFor Respondent: Shri Sanjay Kumar, CIT
Section 143(3)Section 147Section 148Section 194JSection 68

depreciation claimed appears to be doubtful. Nature of payment to M/s. Thriveni Earthmovers Pvt Ltd., a donor of Rs.15,79,000/- appears to be not for the purpose of charity. Further, most of the expenses are found to be incurred in cash and no document is provided by the assessee with regard to payment to poor. The genuineness is doubtful

M/S. FAYAJ INFRATECH PVT. LTD.,BHUBANESWAR vs. DCIT, CIRCLE- 1(1), BHUBANESWAR

In the result, appeal of the assessee stands partly allowed

ITA 114/CTK/2020[2015-16]Status: HeardITAT Cuttack11 Jan 2023AY 2015-16

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2015-16 M/S. M/S. Fayaj Fayaj Infratech Infratech Pvt Pvt Vs. Dcit, Circle 1(1), Aayakar Dcit, Circle 1(1), Aayakar Ltd., C-56, 56, Baramunda Baramunda Bhavan, Bhubaneswar. Bhavan, Bhubaneswar. Housing Housing Board Board Colony, Colony, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcf 6797 R (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K.K.Bal, Ar K.K.Bal, Ar Revenue By : Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. Dr Date Of Hearing : 11 /01 01/2023 Date Of Pronouncement : 11/01 /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)-1, Bhubaneswar, 1, Bhubaneswar, Dated 11.12.2019 In Appeal No. In Appeal No. 0509/17-18 For The Assessment Year For The Assessment Year 2015-16. 2. Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Shri K.K.Bal, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri K.K.Bal, ARFor Respondent: Shri S.C.Mohanty, Sr
Section 40Section 43B

depreciation in respect of heavy earth moving machinery used by the assessee in its business on construction of roads, the third issue being the disallowance at 100% as against 30% of the amount disallowed by applying the provisions of section 40(a)(ia) of the Act and the fourth being the issue against the non-granting of benefit of credit

SISKHA 'O' ANUSANDHAN,BHUBANESWAR vs. CIT (EXEMPTION), , HYDERABAD

In the result, appeal of the assessee is allowed

ITA 91/CTK/2022[2017-18]Status: DisposedITAT Cuttack13 Dec 2022AY 2017-18

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.91/Ctk/2022 (ननधाारण वषा / Assessment Year :2017-2018) Siksha ‘O’ Anusandhan Vs Cit(Exemption), Hyderabad Plot No.224, Dharma Vihar, Khandagiri, Bhubaneswar Pan No. :Aabts 1525 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri M.K.Gautam, CIT-DR
Section 11Section 12ASection 143(3)Section 154Section 234CSection 263

92,09,850/- in ITBA. As there was a mistake apparent from the record, the case of the assessee thereafter rectified u/s.154 of the Act and refund of Rs.1,18,20,240/ was made on 04.06.2020. 3. Subsequently, the ld. Pr.CIT invoking his powers conferred u/s.263 of the Act, on verification of the assessment record, observed that the assessment order