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6 results for “disallowance”+ Section 237clear

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Key Topics

Section 14A8Section 1476Section 271(1)(c)5Section 195(1)5Section 143(3)4Section 404Deduction4Section 803Section 80P(4)3Addition to Income

DCIT, CIRCLE-1(1), BHUBANESWAR, BHUBANESWAR vs. M/S. PARADEEP PHOSPHATES LIMITED, BHUBANESWAR

In the result, appeal filed by the revenue is dismissed and that of

ITA 289/CTK/2014[2010-11]Status: DisposedITAT Cuttack04 Aug 2017AY 2010-11

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

For Appellant: Shri B.K.MohapatraFor Respondent: Shri Kunal Singh, CIT DR
Section 195Section 195(1)Section 195(2)Section 197Section 263Section 40Section 92

237, read with section 199, implies that only the recipient of the sum, i.e., the payee can seek a refund. It must, therefore, follow, if the department is right, that the law requires tax to be deducted on all the payments, the payer, therefore, has to deduct and pay tax, even if the so-called deduction comes

3
Disallowance2
TDS2

M/S. ALTRADE MINERALS PVT. LIMITED,ROURKELA vs. ACIT,CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR

In the result, appeal of the assessee is partly allowed

ITA 65/CTK/2023[2011-12]Status: DisposedITAT Cuttack16 Dec 2024AY 2011-12

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2011-12 M/S. Altrade Minerals Pvt /S. Altrade Minerals Pvt Vs. Asst. Asst. Commissioner Commissioner Of Of Ltd., C/O. Kadmawala & Co., C/O. Kadmawala & Co., Income Tax, Central Circle, Income Tax, Central Circle, C.A., C.A., Budhram Budhram Oram Oram Sambalpur Market, Market, Kachery Kachery Road, Road, Rourkela. Pan/Gir No. No.Aafca 7136 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri M.R.Sahu, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 16/12/20 2024 Date Of Pronouncement : 16/12/20 024

For Appellant: Shri M.R.Sahu, CAFor Respondent: Shri S.C.Mohanty, Sr DR
Section 120(4)(b)Section 127Section 143(2)Section 143(3)Section 14A

disallowance of Rs. 47,61,689/- made u/s. 14A r.w.r 80 being expenses incurred for earning exempt dividend income without appreciating the fact that assessee's own interest free funds was exceeding the investment made for earning exempted income and in similar facts disallowances made in the assessment orders for the A.Y's. 2012-13 & 2013-14 was deleted

MARUTI ESTATE (INDIA) PVT. LTD.,BHUBANESWAR vs. ACIT, CIRCLE-2(1), BHUBANESWAR

In the result, appeal of the assessee is allowed

ITA 321/CTK/2017[2004-05]Status: DisposedITAT Cuttack17 Apr 2018AY 2004-05

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2004-05

For Appellant: Shri P.R.Mohanty, ARFor Respondent: Shri A. Tigga, DR
Section 271(1)(c)Section 80Section 80I

section 80IB. Hence the claim of Rs. 16,65,433/- was disallowed by the AO and added back to the total income." Asse ssment Year : 20 04- 05 5. Thereafter, the Assessing Officer levied penalty of Rs.5,97,480/- for concealment of income u/s.271(1)(c) of the Act, which was confirmed in appeal

THE BALASORE BHADRAK CENTRAL CO-OPERATIVE BANK LTD,BALASORE vs. JCIT, BALASORE

In the result, appeal filed by the assessee is dismissed

ITA 417/CTK/2013[2009-10]Status: DisposedITAT Cuttack05 Oct 2017AY 2009-10

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

For Appellant: Written submissionFor Respondent: Shri D.K.Pradhan, DR
Section 2(9)Section 263Section 80Section 80P(4)

disallow the provision for NPA of Rs.2,43,94,237/- in place of Rs.2,45,59,609/-“ 19. The assessee in its written submission has only stated that the CIT(A) failed to discuss newly introduced amendment to section

KANCHAN PLASTICS PRIVATE LIMITED,CUTTACK vs. DEPUTY COMMISSIONER OF INCOME TAX ASMNT CIRCLE-2(1), CUTTACK

In the result, appeal filed by the assessee stands allowed

ITA 198/CTK/2022[2017-18]Status: HeardITAT Cuttack22 Mar 2023AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 Kanchan Plastics Pvt Ltd., Kanchan Plastics Pvt Ltd., Vs. Dcit, Asmnt Circle Dcit, Asmnt Circle-2(1), 222, Banka Bazar, Cuttack 222, Banka Bazar, Cuttack Cuttack Pan/Gir No. Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Mohit Sheth, Ar Mohit Sheth, Ar Revenue By : Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. Dr

For Appellant: Shri Mohit Sheth, ARFor Respondent: Shri S.C.Mohanty, Sr
Section 133(6)Section 68

section 69 has held that in creating the legal fiction the phraseology employs the word "may" and not "shall". Thus the unsatisfactoriness of the explanation does not and need not automatically result in deeming the amount credited in the books as the income of the assessee as held by the Supreme Court in the case

ITO, KHURDA vs. BULARAM DALAI, KHURDA

In the result, appeal of the Revenue is dismissed

ITA 294/CTK/2015[2009-10]Status: DisposedITAT Cuttack28 Aug 2018AY 2009-10
For Appellant: Shri B.R.Panda/Bhimsen Sahoo, ARFor Respondent: Shri Subhendu Dutta, DR
Section 143(1)Section 143(3)Section 145(3)Section 147Section 148Section 80C

237 ITR 13 (SC), the Ld. CIT(A) was not correct in cancelling the reassessment proceeding for the assessment year 2009-10 which was initiated by the A.O on the basis of Revenue Audit Party's objection. 4. Any other grounds, if any, shall be pressed at the time of hearing. 3. Brief facts of the case are that