M/S. PRAGATI MILK PRODUCT PVT. LTD.,CUTTACK vs. ACIT, CENTRAL CIRCLE, CUTTACK

In the result, all the three appeals of the assessee for respective assessment years under consideration are allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita Nos.143 To 145/Ctk/2022 (ननधाारण वषा / Assessment Year : 2012-2013 To 2014-2015) M/S Pragati Milk Products(P) Ltd. Vs Acit, Central Circle, Cuttack Plot No.71/A/1, New Industrial Estate, Jagatpur, Cuttack-754021 Pan No. :Aaecp 6353 J (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 11/10/2023 घोषणा की तारीख/Date Of Pronouncement : 11/10/2023 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 12.10.2018, Passed In I.T.Appeal No.0487/2017-18 For The Assessment Year 2012-2013. 2. It Was Submitted By The Ld. Ar That The Facts In All The Cases Are Identical. It Was The Submission That There Was Search In The Premises Of The Assessee. As A Consequence Of Search, Assessment Came To Be Completed U/S.153A Of The Act. In The Assessment U/S.153A Of The Act, The Assessee Had Been Granted The Benefit Of Deduction U/S.80Ib(11A) Of The Act. It Was The Submission That The Said Assessment Order Was The Subject Matter Of Rectification Application On Multiple Occasions & In The Third Round Of Rectification Application The Ao Has Withdrawn The Benefit Of Deduction U/S.80Ib (11A) Of The Act. It Was The Submission That The 2

690/- which also included depreciation of Rs.40,35,943/-. In view of above facts, it was crystal clear that the assessee company had started commercial operations in F.Y. 2008-09 itself. The claim of the assessee that it had done only trial run and that the commercial production began after 31.03.2009, was found to be false. Accordingly the A.O. withdrew

M/S. PRAGATI MILK PRODUCT PVT. LTD.,CUTTACK vs. ACIT, CENTRAL CIRCLE, CUTTACK

In the result, all the three appeals of the assessee for respective assessment years under consideration are allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita Nos.143 To 145/Ctk/2022 (ननधाारण वषा / Assessment Year : 2012-2013 To 2014-2015) M/S Pragati Milk Products(P) Ltd. Vs Acit, Central Circle, Cuttack Plot No.71/A/1, New Industrial Estate, Jagatpur, Cuttack-754021 Pan No. :Aaecp 6353 J (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Dr. Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 11/10/2023 घोषणा की तारीख/Date Of Pronouncement : 11/10/2023 आदेश / O R D E R Per Bench : These Are The Appeals Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 12.10.2018, Passed In I.T.Appeal No.0487/2017-18 For The Assessment Year 2012-2013. 2. It Was Submitted By The Ld. Ar That The Facts In All The Cases Are Identical. It Was The Submission That There Was Search In The Premises Of The Assessee. As A Consequence Of Search, Assessment Came To Be Completed U/S.153A Of The Act. In The Assessment U/S.153A Of The Act, The Assessee Had Been Granted The Benefit Of Deduction U/S.80Ib(11A) Of The Act. It Was The Submission That The Said Assessment Order Was The Subject Matter Of Rectification Application On Multiple Occasions & In The Third Round Of Rectification Application The Ao Has Withdrawn The Benefit Of Deduction U/S.80Ib (11A) Of The Act. It Was The Submission That The 2

690/- which also included depreciation of Rs.40,35,943/-. In view of above facts, it was crystal clear that the assessee company had started commercial operations in F.Y. 2008-09 itself. The claim of the assessee that it had done only trial run and that the commercial production began after 31.03.2009, was found to be false. Accordingly the A.O. withdrew

ACIT, CUTTACK vs. PATTNAIK MINERALS PVT. LTD., KEONJHAR

In the result, appeal filed by the revenue is dismissed

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2011-2012

690/-. Considering the proviso to section 36(iii) and the fact that the assets which are still in the process of installation and have not been put to use, interest on loan corresponding to the capital work in progress was disallowed

ACIT, BHUBANESWAR vs. RAJDHANI SYSTEMS & ESTATES (P) LTD, BHUBANESWAR

In the result, appeals filed by the assessee and revenue are allowed for statistical purposes

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपीऱ सं./Ita No.232&233/Ctk/2012 (नििाारण वषा / Assessment Year :2007-2008 & 2008-2009) Acit, Circle-2(2), Bhubaneswar Vs. Rajdhani Systems &Estates (P) Ltd., A/170, Sahid Nagar, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aabcr 8271 L (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपीऱ सं./Ita No.253&254/Ctk/2012 (नििाारण वषा / Assessment Year :2007-2008 & 2008-2009) Rajdhani Systems &Estates Vs. Acit, Circle-2(2), (P) Ltd., A/170, Sahid Bhubaneswar Nagar, Bhubaneswar स्थायी लेखा सं./ Pan No. : Aabcr 8271 L (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri A.K.Mohapatra, Citdr निर्ााररती की ओर से /Assessee By : Shri B.D.Ojha, Ar सुनवाई की तारीख / Date Of Hearing : 19/09/2017 घोषणा की तारीख/Date Of Pronouncement 21/09/2017 आदेश / O R D E R Per Shri N.S.Saini, Am: These Are Cross Appeals Filed By The Revenue & Assessee Against The Separate Orders Of The Cit(A)-Ii, Bhubaneswar All Dated 01.02.2012 For The Assessment Years 2007-08 & 2008-09. 2. Since The Issue & Facts Involved In These Appeals Are Interconnected, Therefore, They Are Being Heard & Disposed Off Together As Under.

690/- in assessment year 2005-06 and at an income of Rs.1,64,20,570/- in assessment year 2006-07. 17. In an assessment made, the Assessing Officer has made addition under the head “advance from customers” @ 25% of the advances received by the assessee during respective years under consideration. The argument ofld A.R. of the assessee is that

SAMIR KUMAR PAIKARAY,KHURDA vs. INCOME TAX OFFICER, KHURDA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 382/Ctk/2025 Assessment Year: 2017-2018 Samir Kumar Paikaray,………….………….,…Appellant Sriram Nagar, Khurdha, Dist. Khurda-752022, Odisha [Pan:Ahcpp4275D] -Vs.- Income Tax Officer,……………………….…....Respondent Khurda Ward, Khurda, Dist. Khurda-752022, Odisha Appearances By: Shri K.K. Bal, Advocate, Appeared On Behalf Of The Assessee Shri Vijay Singh, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: September 03, 2025 Date Of Pronouncing The Order: October 30, 2025 O R D E R

690/- (+) Income from other Rs.57,24,640/- sources being unexplained cash credit under section 68 (+)Income from other Rs.5,08,000/- sources being unexplained cash credit under section 68 representing deposit of SBN (+) Addition on account Rs.41,456/- of undisclosed asset being undisclosed income (+) Disallowance

LALIT MURARKA,CUTTACK vs. CIT, CUTTACK

In the result, the appeal of the assessee in ITA No

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.188 & 409/Ctk/2015 (नििाारण वषा / Assessment Year :2010-2011) Sri Lalit Murarka, Vs. Cit, Cuttack Prop- M/S Subham, Kanika Chhak, Cuttack Pan No. : Apmpm 9441 C (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri S.N.Sahu/Somnath Sahoo, Advs िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 08/03/2021 घोषणा की तािीख/Date Of Pronouncement : 09/03/2021 आदेश / O R D E R Per Bench: The Assessee Has Filed These Two Appeals I.E.

disallowance made by the AO. Accordingly, we are of the opinion that the revision proceedings invoked by the CIT is justified invoking the revisonary power as per Section 263 of the Act. 9. Now, we shall take up the appeal of the assessee in ITA No.409/CTK/2015 for the assessment year 2010-2011, wherein the assessee has raised the following grounds

SRI LALIT MURARKA,CUTTACK vs. ITO, CUTTACK

In the result, the appeal of the assessee in ITA No

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.188 & 409/Ctk/2015 (नििाारण वषा / Assessment Year :2010-2011) Sri Lalit Murarka, Vs. Cit, Cuttack Prop- M/S Subham, Kanika Chhak, Cuttack Pan No. : Apmpm 9441 C (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri S.N.Sahu/Somnath Sahoo, Advs िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 08/03/2021 घोषणा की तािीख/Date Of Pronouncement : 09/03/2021 आदेश / O R D E R Per Bench: The Assessee Has Filed These Two Appeals I.E.

disallowance made by the AO. Accordingly, we are of the opinion that the revision proceedings invoked by the CIT is justified invoking the revisonary power as per Section 263 of the Act. 9. Now, we shall take up the appeal of the assessee in ITA No.409/CTK/2015 for the assessment year 2010-2011, wherein the assessee has raised the following grounds

HI-TECH ESTATES & PROMOTERS (P),BHUBANESWAR vs. ACIT, BHUBANESWAR

In the result, appeals filed by the assessee i

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.235&236/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Acit, Circle-2(2), Bhubaneswar Vs. Hi-Tech Estates & Promoters (P) Ltd. A/170, Sahid Nagar, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaach 9591 G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपील सं./Ita No.249&250/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Hi-Tech Estates & Vs. Acit, Circle-2(2), Promoters (P) Ltd. A/170, Bhubaneswar Sahid Nagar, Bhubaneswar स्थायी लेखा सं./ Pan No. : Aaach 9591 G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से /Revenue By : Shri A.K.Mohapatra, Citdr निर्ााररती की ओर से /Assessee By : Shri B.D.Ojha, Ar सुनवाई की तारीख / Date Of Hearing : 19/09/2017 घोषणा की तारीख/Date Of Pronouncement 21/09/2017 आदेश / O R D E R Per Shri N.S.Saini, Am: These Are Cross Appeals Filed By The Revenue & Assessee Against The Separate Orders Of The Cit(A)-Ii, Bhubaneswar All Dated 01.02.2012 For The Assessment Years 2007-08 & 2008-09. 2. Since The Issue & Facts Involved In These Appeals Are Interconnected, Therefore, They Are Being Heard & Disposed Off Together As Under. 3. In Assessee’S Appeal Grounds No.2 In The Assessment Year 2007- 08 & Ground No.2 In The Assessment Year 2008-09 Are Directed Against

690/- in assessment year 2005-06 and at an income of Rs.1,64,20,570/- in assessment year 2006-07. 17. In an assessment made, the Assessing Officer has made addition under the head “advance from customers” @ 25% of the advances received by the assessee during respective years under consideration. The argument ofld A.R. of the assessee is that there

ACIT, BHUBANESWAR vs. HI-TECH ESTATES & PROMOTERS (P) LTD, BHUBANESWAR

In the result, appeals filed by the assessee i

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.235&236/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Acit, Circle-2(2), Bhubaneswar Vs. Hi-Tech Estates & Promoters (P) Ltd. A/170, Sahid Nagar, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaach 9591 G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अपील सं./Ita No.249&250/Ctk/2012 (धनधाारण वषा / Assessment Year :2007-2008 & 2008-2009) Hi-Tech Estates & Vs. Acit, Circle-2(2), Promoters (P) Ltd. A/170, Bhubaneswar Sahid Nagar, Bhubaneswar स्थायी लेखा सं./ Pan No. : Aaach 9591 G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) राजस्व की ओर से /Revenue By : Shri A.K.Mohapatra, Citdr निर्ााररती की ओर से /Assessee By : Shri B.D.Ojha, Ar सुनवाई की तारीख / Date Of Hearing : 19/09/2017 घोषणा की तारीख/Date Of Pronouncement 21/09/2017 आदेश / O R D E R Per Shri N.S.Saini, Am: These Are Cross Appeals Filed By The Revenue & Assessee Against The Separate Orders Of The Cit(A)-Ii, Bhubaneswar All Dated 01.02.2012 For The Assessment Years 2007-08 & 2008-09. 2. Since The Issue & Facts Involved In These Appeals Are Interconnected, Therefore, They Are Being Heard & Disposed Off Together As Under. 3. In Assessee’S Appeal Grounds No.2 In The Assessment Year 2007- 08 & Ground No.2 In The Assessment Year 2008-09 Are Directed Against

690/- in assessment year 2005-06 and at an income of Rs.1,64,20,570/- in assessment year 2006-07. 17. In an assessment made, the Assessing Officer has made addition under the head “advance from customers” @ 25% of the advances received by the assessee during respective years under consideration. The argument ofld A.R. of the assessee is that there

HI-TECH ESTATES & PROMOTERS PVT. LTD.,BHUBANESWAR vs. ACIT, CIRCLE-2(2), BHUBANESWAR

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

690/- in assessment year 2005-06 and at an income of Rs.1,64,20,570/- in assessment year 2006-07. 17. In an assessment made, the Assessing Officer has made addition under the head “advance from customers” @ 25% of the advances received by the assessee during respective years under consideration. The argument ofld A.R. of the assessee is that there

SANDEEP KUMAR AGARWAL,JAGATPUR vs. ACIT,NFAC, DELHI, CUTTACK

In the result, appeal of the assessee stands allowed

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2014-15 Sandeep Sandeep Kumar Kumar Agarwal, Agarwal, Vs. Acit, Nfac, Delhi/Cuttack Acit, Nfac, Delhi/Cuttack C/O. Agarwal Spices & C/O. Agarwal Spices & Food Processors Pvt Ltd., Food Processors Pvt Ltd., Jagatpur. Pan/Gir No Pan/Gir No.Aarpa 8064 B (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Mohit Sheth Mohit Sheth, Adv Revenue By : Shri Charan Dass, Ld Sr Dr , Ld Sr Dr Date Of Hearing : 28/0 05/2024 Date Of Pronouncement : 28/0 /05/2024 O R D E R Per Bench

disallowed the entire sale consideration to make the addition of Rs.81,41,052/-. It was the submission that the Assessing Officer had further made an addition of commission alleged to have been paid to intermediaries to an extent of Rs.4,07,053/- though no evidence of such expenditure was found nor it was claimed by the assessee