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

In the result, appeal of the assessee is partly allowed

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

33 | 63 Assessment Year : 2011-12 Ld SR DR also placed the jurisdiction order under section 120 of the I.T.Act dated 15.11.2014 of ld CIT, Sambalpur , wherein, it has been stated that P a g e 34 | 63 Assessment Year : 2011-12 Addl/Jt. Commissioner of Income Tax shall perform all the function of Assessing Officer under the Income

M/S. GRID CORPORATION OF ORISSA LIMITED,BHUBANESWAR vs. ACIT-(TDS), BHUBANESWAR

In the result, appeal of the assessee stands allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2009-2010 2010 Grid Corporation Of Orissa Grid Corporation Of Orissa Vs. Acit (Tds), Acit (Tds), Ltd., Ltd., Gridco Gridco House, House, Bhubaneswar. Bhubaneswar. Janapath, Bhubaneswar. Janapath, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcg 5398 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : S/Shri Ved Jain/P.Venugopal Rao /P.Venugopal Rao, Ars Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 20/0 02/2023 Date Of Pronouncement : 20/0 /02/2023 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 12.7.2019 In Appeal No. In Appeal No.0035/17-18 For The Assessment Year The Assessment Year 2009-2010. 2. S/Shri Ved Jain & P.Venugopal Rao, S/Shri Ved Jain & P.Venugopal Rao, Ld Ar Ld Ars Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

33. Thereafter, the ITO made an order under section I54, holding that as the assessee had created development rebate reserve of Rs.7172/- only, the maximum development rebate that might be allowed was Rs.9,563/- in respect of machinery only, disallowing

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

disallowance\nof deduction of expenditure since the whole activity was illegal.\n23. In the premises, the impugned notice issued by the Assessing\nOfficer under Section 148 of the Act cannot be sustained and must be\nset aside.\n24. The following companion writ petitions, Writ Petition Nos.1015,\n1016

B.C. BHUYAN CONSTRUCTION PVT. LTD.,BHUBANESWAR vs. DCIT, CORPORATE CIRCLE- 1(1), BHUBANESWAR

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

Bench: Before S/Shri George Mathan, Judicial & Girish Agrawalwalassessment Year : 2014-15 B.C.Bhuyan Construction Pvt B.C.Bhuyan Construction Pvt Vs. Dcit, Corporate Circle Dcit, Corporate Circle - Ltd., Plot No.90, Palasuni, Ltd., Plot No.90, Palasuni, 1(1), Rasulgarh, Bhubaneswar Rasulgarh, Bhubaneswar Bhubaneswar Bhubaneswar Pan/Gir No. Pan/Gir No.Aadcb 3304 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.C.Sethi, Adv Revenue By Revenue By : Shri Saroj Kumar Mahapatra, Saroj Kumar Mahapatra, Pr. Cit Dr Date Of Hearing : 20/07 7/2023 Date Of Pronouncement : 20/0 /07/2023

disallowances: i) Wrong claim of depreciation at 100% of shuttering materials; ii) Addition u/s.40A(3) from bank statement and impounded material; iii) Bogus labour payments; iv) Bogus expenses shown as sundry creditors and non-deduction of TDS in respect of Director’s remuneration. v) addition of interest income as per 26AS 4. It was the submission that

NESCO EMPLOYEES GRATUITY FUND TRUST,BALASORE vs. ITO, WARD-1, BALASORE, BALASORE

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

33-38) Therefore we request to set aside the order\npassed by the Ld. CIT(A).\nSubmission\nThe return of income for the Asst. Year 2016-17 filed by the\nassessee was processed u/s 143(1) of the Act on dtd. 02.01.2018\nafter making one adjustments, viz. disallowance of exemption\nclaimed in the return of income. Against this Intimation

T R CHEMICALS LIMITED,ODISHA vs. PCIT SAMBALPUR, ODISHA

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.219/Ctk/2025 (िनधा"रण वष" / Assessment Year : 2018-2019) T R Chemicals Limited, Vs Pr.Cit, Sambalpur Main Road, Subash Chowk, Rajgangpur, Odisha-770017 Pan No. :Aabct 1919 M (अपीलाथ" /Appellant) .. (""थ" / Respondent) िनधा"रती की ओर से /Assessee By : Shri K.K.Bajoria & Shri Yogesh Banka, Ars राज" की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 01/12/2025 घोषणा की तारीख/Date Of Pronouncement : 01/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Pr.Cit, Sambalpur, Dated 15.01.2025 For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld. Ar That The Return Filed By The Assessee Came To Be Processed & The Assessment Came To Be Completed U/S.147 Of The Act Wherein The Purchases From M/S Mideast Integrated Steel Ltd. Were Disallowed By Invoking The Provisions Of Section 37(1) Of The Act. It Was The Submission That The Ld. Pr.Cit Invoked His Power U/S.263 Of The Act On The Ground That The Disallowances Made By The Ao U/S.37(1) Of The Act Instead Of Section 69C Of The Act, Is Erroneous & Prejudicial To The Interest Of Revenue. It Was Submitted That The Issue Is Now Squarely Covered By The Decision Of The Coordinate Bench Of The Tribunal In The Case Of Bajrang Steel & Alloys (P) Ltd., Passed In Ita No.553/Ctk/2024, Order Dated

disallowances made by the AO u/s.37(1) of the Act instead of Section 69C of the Act, is erroneous and prejudicial to the interest of revenue. It was submitted that the issue is now squarely covered by the decision of the coordinate bench of the Tribunal in the case of Bajrang Steel & Alloys (P) Ltd., passed in ITA No.553/CTK/2024, order

M/S.BALLURAM STEELS PVT. LIMITED,ROURKELA vs. PRINCIPAL CIT, CENTRAL CIRCLE, VISAKHAPATNAM

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.291/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2018-2019) M/S Balluram Steels Pvt. Ltd, Vs Pr.Cit, Central Circle, 1St Floor, Purohit Market Complex Visakhapatnam Main Road, Rourkela-769012 Pan No. :Aaccb 7253 P (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri P.K.Mishra, Ar राज"व क" ओर से /Revenue By : Shri Ashim Kumar Chakraborty, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 02/12/2025 घोषणा क" तार"ख/Date Of Pronouncement : 02/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Pr.Cit(Central), Visakhapatnam, Dated 28.03.2025 For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld. Ar That In The Course Of Assessment U/S.147 Of The Act, The Ao Had Disbelieved The Transaction Of The Purchase Of Iron Ore & Had Invoked The Provisions Of Section 37(1) Of The Act & Had Made The Disallowance Of Purchases. It Was The Submission That The Ld. Pr.Cit Has Invoked His Powers U/S.263 Of The Act & Had Directed That The Provisions Of Sectiion 37(1) Of The Act Is Not To Be Applied But The Provisions Of Section 69C Of The Act Are To Be Applied. It Was The Submission That The Issue Is Now Squarely Covered By The Decision Of The Coordinate Bench Of The Tribunal In The Case Of Bajrang Steel & Alloys Private Limited, Passed

disallowance of purchases. It was the submission that the ld. Pr.CIT has invoked his powers u/s.263 of the Act and had directed that the provisions of Sectiion 37(1) of the Act is not to be applied but the provisions of Section 69C of the Act are to be applied. It was the submission that the issue is now squarely

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

disallowance\nof deduction of expenditure since the whole activity was illegal.\n23. In the premises, the impugned notice issued by the Assessing\nOfficer under Section 148 of the Act cannot be sustained and must be\nset aside.\n24. The following companion writ petitions, Writ Petition Nos.1015,\n1016

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

disallowance\nof deduction of expenditure since the whole activity was illegal.\n23. In the premises, the impugned notice issued by the Assessing\nOfficer under Section 148 of the Act cannot be sustained and must be\nset aside.\n24. The following companion writ petitions, Writ Petition Nos.1015,\n1016

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

disallowance\nof deduction of expenditure since the whole activity was illegal.\n23. In the premises, the impugned notice issued by the Assessing\nOfficer under Section 148 of the Act cannot be sustained and must be\nset aside.\n24. The following companion writ petitions, Writ Petition Nos.1015,\n1016

ABHIMANYU SAHU,BUXIPALLI vs. PCIT-1,, BHUBANESWAR

In the result, appeal filed by the assessee is allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2016-17 Abhimanyu Sahu, Buxipalli, Abhimanyu Sahu, Buxipalli, Vs. Pr. Cit-1, Gopalpur On Sea. Gopalpur On Sea. Bhubaneswar Bhubaneswar Pan/Gir No. Pan/Gir No.Aokps 4011 H (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.N.Dave, Ca P.N.Dave, Ca Revenue By : Shri M.K.Gautam, Pr. Cit (Osd) Pr. Cit (Osd) Date Of Hearing : 24 /0 03/2023 Date Of Pronouncement : 24 /0 /03/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee This Is An Appeal Filed By The Assessee Against The Order Against The Order Passed U/S 263 Of The Act 263 Of The Act Of The Ld Pr. Cit, Bhubaneswar-1 Dated Dated 10.3.2021 In Appeal No. Itba/Rev/ V/F/Rev5/2020-21/1031385941(1) For The Assessment Year For The Assessment Year 2016-17. 2. Shri P.N.Dave, Ld Ar Appeared For The Assessee & Shri Shri P.N.Dave, Ld Ar Appeared For The Assessee & Shri Shri P.N.Dave, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Ld Pr. Cit(Osd) Appeared For The Revenue. M.K.Gautam, Ld Pr. Cit(Osd) Appeared For The Revenue. M.K.Gautam, Ld Pr. Cit(Osd) Appeared For The Revenue.

33,135/- was not under Limited Scrutiny, hence, the AO has not enquired into the matter while passing the assessment order. Although both the issues were not under limited scrutiny but from the spirit and mandate of section 263 of the Act, which provides revisional powers to Pr. CIT/CIT in the cases where the assessment order or any other proceedings

MAHANADI COALFIELDS LTD.,BURLA, SAMBALPUR. vs. DCIT CIRCLE2(1), SAMBALPUR

In the result, appeal filed by the revenue being ITA No

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita Nos.14 To 17/Ctk/2023 & आयकर अऩीऱ सं/Ita No.41/Ctk/2023 (ननधाारण वषा / Assessment Years : 2016-2017 To 2020-2021) Mahanadi Coalfields Limited, Vs Acit/Dcit, Circle-2(1), Sambalpur Jagriti Vihar, Burla, Sambalpur-768020 Pan No. :Aabcm 5188 P & आयकर अऩीऱ सं/Ita Nos.70 To 73/Ctk/2023 & आयकर अऩीऱ सं/Ita No.147/Ctk/2023 (ननधाारण वषा / Assessment Years : 2016-2017 To 2020-2021) Acit/Dcit, Circle-2(1), Sambalpur Vs Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur-768020 Pan No. :Aabcm 5188 P & आयकर अऩीऱ सं/Ita No.69/Ctk/2023 (ननधाारण वषा / Assessment Year : 2015-2016) Acit/Dcit, Circle-2(1), Sambalpur Vs Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur-768020 Pan No. :Aabcm 5188 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri S.S.Poddar, Ca राजस्व की ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 17/10/2023 घोषणा की तारीख/Date Of Pronouncement : 17/10/2023 आदेश / O R D E R Per Bench :

Section 14A of the Act is to be made considering the investments which have generated the exempt income. 19. We have considered the rival submissions. A perusal of the provisions of Rule 8D(2), shows that the wording used is, “the amount of expenditure directly relating to the income which does not form part of total income and so also

MAHANADI COALFIELDS LTD.,BURLA, SAMBALPUR. vs. DCIT CIRCLE2(1), SAMBALPUR

In the result, appeal filed by the revenue being ITA No

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita Nos.14 To 17/Ctk/2023 & आयकर अऩीऱ सं/Ita No.41/Ctk/2023 (ननधाारण वषा / Assessment Years : 2016-2017 To 2020-2021) Mahanadi Coalfields Limited, Vs Acit/Dcit, Circle-2(1), Sambalpur Jagriti Vihar, Burla, Sambalpur-768020 Pan No. :Aabcm 5188 P & आयकर अऩीऱ सं/Ita Nos.70 To 73/Ctk/2023 & आयकर अऩीऱ सं/Ita No.147/Ctk/2023 (ननधाारण वषा / Assessment Years : 2016-2017 To 2020-2021) Acit/Dcit, Circle-2(1), Sambalpur Vs Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur-768020 Pan No. :Aabcm 5188 P & आयकर अऩीऱ सं/Ita No.69/Ctk/2023 (ननधाारण वषा / Assessment Year : 2015-2016) Acit/Dcit, Circle-2(1), Sambalpur Vs Mahanadi Coalfields Limited, Jagriti Vihar, Burla, Sambalpur-768020 Pan No. :Aabcm 5188 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri S.S.Poddar, Ca राजस्व की ओर से /Revenue By : Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 17/10/2023 घोषणा की तारीख/Date Of Pronouncement : 17/10/2023 आदेश / O R D E R Per Bench :

Section 14A of the Act is to be made considering the investments which have generated the exempt income. 19. We have considered the rival submissions. A perusal of the provisions of Rule 8D(2), shows that the wording used is, “the amount of expenditure directly relating to the income which does not form part of total income and so also

NISHA DATA COM LIMITED,ROURKELA vs. INCOME TAX OFFICER WARD-3 ROURKELA, ROURKELA

In the result, both the appeals filed for AY 2011-12 and AY 2012-

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 40(a)(ia) of the Income Tax Act, is illegal, arbitrary and liable to be annulled. 5. For that the disallowance of Rs.24,84,000.00 claimed as business expenditure, has been made under suspicious and frivolous grounds which is illegal and arbitrary and liable to be annulled. 6. For that the CIT(A) without affording adequate opportunity of hearing

NISHA DATA COM LIMITED,ROURKELA vs. INCOME TAX OFFICER WARD-3 ROURKELA, ROURKELA

In the result, both the appeals filed for AY 2011-12 and AY 2012-

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 40(a)(ia) of the Income Tax Act, is illegal, arbitrary and liable to be annulled. 5. For that the disallowance of Rs.24,84,000.00 claimed as business expenditure, has been made under suspicious and frivolous grounds which is illegal and arbitrary and liable to be annulled. 6. For that the CIT(A) without affording adequate opportunity of hearing

TEKCHAND HARILAL,BALASORE vs. INCOME TAX OFFICER, WARD-2, BALASORE, BALASORE

In the result, appeal of the assessee stands allowed

Bench: SHRI DUVVURU RL REDDY (Vice President)

section 69A of the Act. Besides, the AO also disallowed Rs.19,360/- i.e. 10% of carriage outward expenses on adhoc estimate basis Aggrieved with the order of the Assessing Officer, the assessee carried the matter in appeal before the ld CIT(A) but without success. 3. At the time of hearing, ld. Counsel for the assessee stated that

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. DCIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

disallowance of claim of deduction of Rs. 47,15,405/- under section 801AB of the Income Tax Act, 1961 without properly appreciating the facts of the case and submission made before him. 4. The appellant reserves the right to add, alter and modify the grounds of appeal as taken by it. 3. The revenue in its appeal for A.Y.2011-2012

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

disallowance of claim of deduction of Rs. 47,15,405/- under section 801AB of the Income Tax Act, 1961 without properly appreciating the facts of the case and submission made before him. 4. The appellant reserves the right to add, alter and modify the grounds of appeal as taken by it. 3. The revenue in its appeal for A.Y.2011-2012

M/S. SHREE BAALAJI ENGICONS LIMITED,JHARSUGUDA vs. DEPUTY COMMISSIONER OF INCOME TAX ( CENTRAL CIRCLE-1(1), SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

disallowance of claim of deduction of Rs. 47,15,405/- under section 801AB of the Income Tax Act, 1961 without properly appreciating the facts of the case and submission made before him. 4. The appellant reserves the right to add, alter and modify the grounds of appeal as taken by it. 3. The revenue in its appeal for A.Y.2011-2012