DEPUTY COMMISSIONER OF INCOME TAX, CENTAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

178(Karnataka)\nthe court held that expenditure incurred by assessee on deposit-\nlinked incentive scheme which scheme had all basic ingredients of\nmoney circulation scheme, which is banned under section 3 of Prize\nChits and Money Circulation Schemes (Banning) Act, 1978, could not\nbe allowed as deduction in view of Explanation to section 37(1). In\nOverseas Trading & Shipping

SANJAY KUMAR AGRAWAL,CUTTACK vs. BBN-C-(4)(8), INCOME TAX OFFICE, CUTTACK

In the result, appeal of the assessee is allowed

disallowance. He further submitted that the ld. CIT(A) while dismissing the appeal of the assessee has wrongly invoked the provisions of Section 36(1)(va) of the Act on the entire amounts payable including GST payable which is not covered under the said Section. Further the employer contribution to PF & ESI were also not covered u/s.36

ACIT, , SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, appeal of the revenue is dismissed

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.219/Ctk/2023 (ननधाारण वषा / Assessment Year : 2019-2020) Acit, Sambalpur Vs Smt. Indrani Patnaik, A-6, Comercial Estate, Civil Township, Rourkela Pan No. :Accpp 6164 E (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr ननधााररती की ओर से /Assessee By : Shri S.C.Bhadra, Ca सुनवाई की तारीख / Date Of Hearing : 06/08/2024 घोषणा की तारीख/Date Of Pronouncement : 06/08/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 29.03.2023, Passed In I.T.Appeal No.Bhubaneswar-2/10625/2018-19 For The Assessment Year 2019-2020, On The Following Grounds Of Appeal :- 1. The Cit(A) Erred In Deleting The Addition Made Towards Peripheral Development Charges Of Rs. 49,49,231/- As Such Expenditure Is Not Allowable As Per The Provisions Of Section 37 Of The Act. 2. The Cit(A) Erred In Deleting The Addition Of Rs. 10,69,56,849/- U/S 14A As The Assessee Has Exempt Income During The Year. 3. The Cit(A) Was Not Correct In Deleting The Addition U/S 14A Holding That Satisfaction Is Not Recorded By The Ao, When The Assessee Has Not Suomoto Disallowed Any Expenditure Related To Earning Exempt Income As Decided By The Hon'Ble Supreme Court In The Case Of Maxopp Investment Ltd Dtd 12.02.2018. 4. The Cit(A) Was Not Correct In Deleting The Addition U/S 14A, When The Ao Has Given A Finding In The Assessment Order That The Assessee Has Shown Investment That Yielded Tax Free

178 (SC), wherein the Hon’ble Apex Court has held as under :- Section 14A of the Income-tax Act, 1961 - Expenditure incurred in relation to exempt income not includible in total income (General) - Assessee-scheduled banks earned income from investments made in tax-free securities - Assessing Officer made proportionate disallowance

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

178(Karnataka)\nthe court held that expenditure incurred by assessee on deposit-\nlinked incentive scheme which scheme had all basic ingredients of\nmoney circulation scheme, which is banned under section 3 of Prize\nChits and Money Circulation Schemes (Banning) Act, 1978, could not\nbe allowed as deduction in view of Explanation to section 37(1). In\nOverseas Trading & Shipping

DEPUTY COMMISSIONER OF INCOME TAX, CENTAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

178(Karnataka)\nthe court held that expenditure incurred by assessee on deposit-\nlinked incentive scheme which scheme had all basic ingredients of\nmoney circulation scheme, which is banned under section 3 of Prize\nChits and Money Circulation Schemes (Banning) Act, 1978, could not\nbe allowed as deduction in view of Explanation to section 37(1). In\nOverseas Trading & Shipping

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, SAMBALPUR vs. SMT. INDRANI PATNAIK, ROURKELA

In the result, all the four appeals of the Revenue are dismissed

178(Karnataka)\nthe court held that expenditure incurred by assessee on deposit-\nlinked incentive scheme which scheme had all basic ingredients of\nmoney circulation scheme, which is banned under section 3 of Prize\nChits and Money Circulation Schemes (Banning) Act, 1978, could not\nbe allowed as deduction in view of Explanation to section 37(1). In\nOverseas Trading & Shipping

DCIT, BHUBANESWAR vs. SERAJUDDIN & CO., KOLKATA

In the result, appeals of the revenue in ITA No

Bench: Shri George Mathan & Shri Arun Khodpia

178/- debited to hospitality expenses inasmuch as the said expenses were wholly and exclusively incurred for the purpose of business and adequately supported with vouchers. 4. That the appellant craves leave to add, amend, alter or delete all or any of the grounds of appeal. 26. Ground No.1 relates to disallowance of Rs.25,73,086/- on account of late deposit

RAJENDRA KUMAR SAHOO,KEONJHAR vs. ACIT, CIRCLE-1(1), CUTTACK

In the result, appeal of the assessee is dismissed

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.53/Ctk/2018 (नििाारण वषा / Assessment Year : 2012 - 2013) Mr. Rajendra Kumar Sahoo, Vs. Acit, Circle-1(1), Cuttack Prop. Of New Kanak Jewellery & Kanak Transport, At/Po: New Market, Keonjhar-758001 स्थायी ऱेखा सं./Pan No. : Arkps 2114 G (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By Shri B.R.Panda/Satyajit Nanda, Advs. : 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 : 16/03/2020 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 18.10.2017 For The Assessment Year 2012-2013. 2. As Per The Office Note/Order Sheet Entry, The Appeal Of The Assessee Is Barred By 48 Days. In This Regard, The Ld. Ar Of The Assessee Has Filed An Application For Condonation Of Delay Along With An Affidavit. Considering The Application Along With The Affidavit Of The Assessee For Condonation Of Delay, To Which Ld. Dr Did Not Object To The Same, We Condone The Delay In Filing The Appeal & The Appeal Is Heard Finally.

disallowed in mechanical manner, hence entire addition should be deleted. II. For that the nature of the gold business and the necessity for expeditious settlement thereof should have been looked into and the evidence also furnished to the satisfaction of the Revenue as the genuineness of the payment and the identity of the payee, it can not be said that

STATE POLLUTION CONTROL BOARD ODISHA,BHUBANESWAR vs. ITO, WARAD 5(2), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee stands allowed and stay petition stands dismissed

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwals.P.No.11/Ctk/2024 Assessment Year :2017-18 State Pollution Control Board State Pollution Control Board, Vs. Ito, Ward 5(2), Plot No.A-118, Paribesh Bhawan, 118, Paribesh Bhawan, Bhubaneswar Nilakantha Nagar, Agar, Nayapali, Nayapali, Unit-Vii, Bhubaneswar Neswar Pan/Gir No.Aaals 2490 J Aaals 2490 J (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri S.K.Agrawalla, Ca Walla, Ca Revenue By : Shri Sanjay Kumar, Cit Sanjay Kumar, Cit Dr Date Of Hearing : 24/10/20 2024 Date Of Pronouncement : 24/10/20 024 O R D E R Per Bench

disallowance of exemption claimed u/s 10(46) of the Income tax Act has been made by the AO and confirmed by the Ld. CIT(A), of Rs. 53,48,75,077/-. 3.2 This issue was not raised by the appellant before the Assessing Officer. However, before the Commissioner of Income Tax(Appeals) the appellant has submitted that: “That, the appellant

MGM MINERALS LIMITED,BHUBANESWAR vs. JCIT, BHUBANESWAR

In the result, for A.Y. 2010-11 Cross appeals in ITANo

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita No.420/Ctk/2015 (नििाारण वषा / Assessment Year :2010-2011) Mgm Minerals Limited Vs Jcit-Range-1, 2-A, Forest Park Bhubaneswar Bhubaneswar-751009 Pan No. : Aadcm2818E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) ..

178 to 249 of the paper book showing list of expenses of Rs.9,54,500/-, find that the assessee has rightly deducted tax at source on the applicable expenses. Therefore, no disallowance was called for u/s40(a)(ia) of the Act for the advertisement and publicity expenses of Rs.9,54,500/-. 18.1 As regards the issue of disallowance of rent

DCIT, BHUBANESWAR vs. M/S. MGM MINERALS LTD., BHUBANESWAR

In the result, for A.Y. 2010-11 Cross appeals in ITANo

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita No.420/Ctk/2015 (नििाारण वषा / Assessment Year :2010-2011) Mgm Minerals Limited Vs Jcit-Range-1, 2-A, Forest Park Bhubaneswar Bhubaneswar-751009 Pan No. : Aadcm2818E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) ..

178 to 249 of the paper book showing list of expenses of Rs.9,54,500/-, find that the assessee has rightly deducted tax at source on the applicable expenses. Therefore, no disallowance was called for u/s40(a)(ia) of the Act for the advertisement and publicity expenses of Rs.9,54,500/-. 18.1 As regards the issue of disallowance of rent

MGM MINERALS LTD.,BHUBANESWAR vs. DCIT, CORPORATE CIRCLE-1(1), BHUBANESWAR

In the result, for A.Y. 2010-11 Cross appeals in ITANo

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita No.420/Ctk/2015 (नििाारण वषा / Assessment Year :2010-2011) Mgm Minerals Limited Vs Jcit-Range-1, 2-A, Forest Park Bhubaneswar Bhubaneswar-751009 Pan No. : Aadcm2818E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) ..

178 to 249 of the paper book showing list of expenses of Rs.9,54,500/-, find that the assessee has rightly deducted tax at source on the applicable expenses. Therefore, no disallowance was called for u/s40(a)(ia) of the Act for the advertisement and publicity expenses of Rs.9,54,500/-. 18.1 As regards the issue of disallowance of rent

SRI NIRMAL CHANDRA PADHIARY,BALASORE vs. ACIT, BALASORE CIRCLE, BALASORE

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

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.157/Ctk/2023 (ननधाारण वषा / Assessment Year :2017-2018) Sri Nirmal Chandra Padhiary, Vs Acit, Balasore Circle, Balasore Bampada, Chhanpur, Birla Tyre Road, Balasore-756056 Pan No. :Acupp 0872 B (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Mr. Somanath Sahoo, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 16/10/2023 घोषणा की तारीख/Date Of Pronouncement : 16/10/2023 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi Dated 25.01.2023 In Appeal No.Itba/Nfac/S/250/2022-23/1049108098(1) For The Assessment Year 2017-2018. 2. This Appeal Of The Assessee Is Time Barred By 35 Days. In This Regard, Ld. Ar Of The Assessee Has Filed An Application Along With Affidavit Of The Assessee For Condonation Of The Delay, To Which The Ld. Sr. Dr Has Not Raised Any Serious Objection To Condone The Delay. On Perusal Of The Application & The Affidavit Of The Assessee, We Found That The Delay Occurred Due To Bonafide Reasons. Accordingly, We Condone The Delay Of 35 Days In Filing The Appeal & Appeal Is Disposed Off Finally. 3. It Was Submitted By The Ld. Ar That Two Additions Are Challenged In This Appeal, One Is Against The Disallowance Of Pf & Esi Paid Belatedly

178 (SC), wherein, the Hon’ble Supreme Court has categorically held that if the employees contribution to PF and ESI has been paid beyond the time prescribed under the relevant PF Act, then same is not allowable 3 under section 43B of the Act even after the payment has been made before the due date of filing of return under

BIJENDRA SINGH,SUNDARGARH vs. ACIT, CIRCLE ROURKELA, ROURKELA

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

178 (SC), wherein, the 2 Hon’ble Supreme Court has categorically held that if the employees contribution to PF and ESI has been paid beyond the time prescribed under the relevant PF Act, then same is not allowable under section 43B of the Act even after the payment has been made before the due date of filing of return under

AJIT KUMAR SETHA,ANGUL vs. DCIT, CIRCLE-4(1), BHUBANESWAR

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

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.168/Ctk/2022 (ननधाारण वषा / Assessment Year :2019-2020) Ajit Kumar Setha, Vs Dcit, Circle-4(1), Bhubaneswar Kulad, Kulad Nalco Nagar, Angul-759145 Pan No. :Apmps 9448 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

178 (SC), wherein, the 2 Hon’ble Supreme Court has categorically held that if the employees contribution to PF and ESI has been paid beyond the time prescribed under the relevant PF Act, then same is not allowable under section 43B of the Act even after the payment has been made before the due date of filing of return under

LORAMITRA RATH,KAIRAPARI KOTSAHI, TANGI vs. DCIT (CIRCLE-1(1), CUTTACK

The appeal is allowed

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2015-16 Loramitra Loramitra Rath, Rath, Kairapari Kairapari Vs. Dcit, Circle Dcit, Circle-1(1), Kotsahi, Tangi, Cuttack Kotsahi, Tangi, Cuttack Cuttack Pan/Gir No. No.Aebpr 6065 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Purnendhu Bhusan Mohanty, Ca Purnendhu Bhusan Mohanty, Ca Revenue By : Shri S.C.Mohanty, Sr S.C.Mohanty, Sr Dr

178 had allowed a bad debt as an allowable item on the basis of commercial principles, when there is no provision in law to allow such claim. The Hon'ble Supreme Court in the case of Bodridas Daga vs. Commissioner of Income Tax. 34 ITR 10 (SC) had allowed 'loss on embezzlement', though not an expenditure, as a deduction