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8 results for “disallowance”+ Section 80P(2)(iv)clear

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Key Topics

Section 80P(2)13Disallowance6Addition to Income6Section 80P5Deduction5Section 143(3)4Section 80P(4)4Section 363Section 44A3Section 115J

M/S. ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LIMITED,BHUBANESWAR vs. DCIT, CIRCLE-4(1), BHUBANESWAR

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

ITA 378/CTK/2017[2013-14]Status: DisposedITAT Cuttack17 May 2018AY 2013-14

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm M/S Orissa State Cooperative Vs. Dcit, Circle-4(1), Handicrafts Corporation Limited, Bhubaneswar At-D-2/3, Industrial Estate, Rasulgarh, Bhubaneswar स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaaao 0096 K (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ambika Prasad Mohanty, Ar िाजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तािीख / Date Of Hearing : 14/05/2018 घोषणा की तािीख/Date Of Pronouncement 17/05/2018 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed This Appeal Against The Order Of Cit(A)-2, Bhubaneswar, Dated 28.06.2017, Passed In I.T.Appeal No.0039/2016-17, U/S.143(3)/250 Of The I.T.Act For The Assessment Year 2013-2014. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Has Not Pressed The Grounds No.2 & 3 Of The Grounds Of Appeal. Accordingly, We Dismiss The Ground Nos.2&3 As Not Pressed. 3. The Effective Grounds Of Appeal Are As Under :- 1. Ld Cit (Appeals) Is Wrong & Unlawful In Upholding The Decision Of Assessing Officer With Respect To Disallowance Of Interest Claimed By The Assessee U/S 80P(2) (D). Interest Income From Orissa State Co Operative Bank Ltd Being Another Co Operative Society To The Tune Of Rs. 30,37,898/-. 4. Thus Ld Cit (Appeals) Is Wrong In Holding That, The Whole Of Rs. 44,02,128/- Interest Income Is Income From Fixed Deposits & Is Neither Deductible U/S 80P(2)(D) Nor Eligible For Set Off Against Carried Forward Loss For Being Income From Other Sources.

For Appellant: Shri Ambika Prasad Mohanty, ARFor Respondent: Shri D.K.Pradhan, DR
Section 143(1)
2
Section 80P(2)(d)2
Section 143(2)
Section 143(3)
Section 56(2)
Section 72(1)
Section 80P(2)
Section 80P(2)(d)

section 80P(2) of the Income tax Act, 1961. If the godown or warehouse is let out for the purpose of other than storage, processing or facilitating the marketing commodities, the income derived there from by a co- operative society would not be deductible u/s. 80P. Later, the Hon‟ble Supreme Court in the case of Udaipur 5 SahakariUpbhoktaThokBhandar

ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LTD.,BHUBANESWAR vs. DCIT, CIRCLE-4(1), BHUBANESWAR

In the result, the appeal filed by the assessee is partly allowed

ITA 66/CTK/2017[2012-13]Status: DisposedITAT Cuttack31 May 2017AY 2012-13

Bench: Shri N.S Sainiassessment Year : 2012-2013

For Appellant: Shri Biswa Ranjan Patnaik, ARFor Respondent: Shri D.K.Pradhan, DR
Section 56Section 80PSection 80P(2)Section 80P(2)(e)

section 80P(2) of the Income tax Act, 1961. If the godown or warehouse is let out for the purpose of other than storage, processing or facilitating the marketing commodities, the income derived there from by a co-operative society would not be deductible u/s. 80P. Later, the Hon’ble Supreme Court in the case of Udaipur Sahakari Upbhokta Thok

ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LTD.,BHUBANESWAR vs. DCIT, CIRCLE-4(1), BHUBANESWAR

In the result, appeal of the assessee i

ITA 393/CTK/2018[2015-16]Status: DisposedITAT Cuttack05 Jun 2020AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.392&393/Ctk/2018 (नििाारण वषा / Assessment Year : 2014 – 2015 & 2015-2016) M/S Orissa State Co-Operative Vs. Ito Wardd-4(1), Handicrafts Corporation Limited Bhubaneswar D-2/3, Industrial Estate, Rasulgarh, Bhubaneswar स्थायी ऱेखा सं./Pan No. : Aaaao 0096 K (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri M.K.Goutam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2020 घोषणा की तारीख/Date Of Pronouncement : 05/06/2020 आदेश / O R D E R Per L.P.Sahu, Am :

For Appellant: NoneFor Respondent: Shri M.K.Goutam, CIT-DR
Section 80P(2)

80P". Further it was noticed that the surplus funds were parked in the Odisha State Cooperative Bank Limited. He concluded that the Odisha State Cooperative Bank Limited is a urban commercial bank and does not fall under the purview of the cooperative society as referred in Section 80(P)(2)(d) of the Act. Therefore, the AO disallowed the deduction

ORISSA STATE CO-OPERATIVE HANDICRAFTS CORPORATION LTD.,BHUBANESWAR vs. DCIT, CIRCLE-4(1), BHUBANESWAR

In the result, appeal of the assessee i

ITA 392/CTK/2018[2014-15]Status: DisposedITAT Cuttack05 Jun 2020AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.392&393/Ctk/2018 (नििाारण वषा / Assessment Year : 2014 – 2015 & 2015-2016) M/S Orissa State Co-Operative Vs. Ito Wardd-4(1), Handicrafts Corporation Limited Bhubaneswar D-2/3, Industrial Estate, Rasulgarh, Bhubaneswar स्थायी ऱेखा सं./Pan No. : Aaaao 0096 K (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri M.K.Goutam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 20/02/2020 घोषणा की तारीख/Date Of Pronouncement : 05/06/2020 आदेश / O R D E R Per L.P.Sahu, Am :

For Appellant: NoneFor Respondent: Shri M.K.Goutam, CIT-DR
Section 80P(2)

80P". Further it was noticed that the surplus funds were parked in the Odisha State Cooperative Bank Limited. He concluded that the Odisha State Cooperative Bank Limited is a urban commercial bank and does not fall under the purview of the cooperative society as referred in Section 80(P)(2)(d) of the Act. Therefore, the AO disallowed the deduction

ACIT, BHUBANESWAR vs. M/S. NEELACHAL GRAMYA BANK, BHUBANESWAR

In the result, appeal filed by the revenue and cross objection

ITA 58/CTK/2015[2008-09]Status: DisposedITAT Cuttack12 Jul 2017AY 2008-09

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: Shri B.K.Mohapatra, ARFor Respondent: Shri Kunal Singh, DR
Section 143(3)Section 144Section 147Section 148Section 2Section 22Section 36Section 44ASection 80PSection 80P(4)

2 (u) of National Bank for Agricultural and Rural Development Act, 1981. iv. The assessee does not fall under the purview of section 80P(4) of the I.T.Act and therefore, the assessee is entitled for deduction u/s.80P of the I.T.Act. 3. That the accounts of the assessee is statutorily audited by the auditors appointed by National Bank for Agricultural

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)

2)(a)(i) r.w.s. 80P(4) dismissed by the C1T(A) has been upheld by the Hon'ble Tribunal. 8.6 In view of the foregoing reasons, there is no merit in the above additional ground filed by the appellant and the same is rejected.” 4. The assessee has filed written submission, wherein, it has been contended that

M/S. ANGUL SUKINDA RAILWAY LTD.,BHUBANESWAR vs. ITO, WARD- 1(1), BHUBANESWAR

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 385/CTK/2019[2014-15]Status: DisposedITAT Cuttack02 Nov 2020AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.384&385/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Angul Sukinda Railway Ltd., Vs. Ito Ward-1(3), Bhubaneswar Plot No.7622/4706, Press Chhaka Gajapati Nagar, Bhubaneswar-751005 Pan No. : Aahca 6638 E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ved Jain, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 21/10/2020 घोषणा की तािीख/Date Of Pronouncement : 03/11/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Filed By The Assessee Against The Order Dated 16.09.2019, Passed By The Cit(A)-1, Bhubaneswar For The Assessment Year 2013-2014 & 2014-2015. 2. Grounds Taken By The Assessee For A.Y.2013-2014 Are As Under :- 1. That The Order Of The Ld. Ao Is Illegal, Arbitrary Contrary To Evidence On Record & Without Application Of Mind & For That Matter The Said Order Is Liable To Be Quashed And/Or Annulled. 2. That On The Facts Of Circumstances Of The Case, The Ld. Ao Has Erred In Treating Interest On Fdr & Flexi Deposit Amounting To Rs. 1,08,02,969/- As Revenue Receipt & Made Addition Although The Said Interest Is Inextricably Linked To The Project & Is Purely A Capital Receipt & Hence The Aforesaid Addition Is Liable To Be Deleted. 3. That The Ld. Ao Has Erred Both In Law & Facts By Treating Capital Receipt As Revenue 5. That The Appellant Craves Leave To Add Or To Amend The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. For These & Among Other Grounds To Be Urged At The Time Of Hearing, Adequate Relief As May Be Deemed Fit Be Granted In The Matter.

For Appellant: Shri Ved Jain, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 115J

disallowance of interest on FDR & Flexi deposit treating the same as revenue receipt. 6. Brief facts of the case are that the assessee is a public limited company filed its return of income electronically on 26.09.2013 disclosing a loss of Rs.11,85,939/-, however a tax was paid u/s.115JB of the Act on an income of Rs.92

M/S. ANGUL SUKINDA RAILWAY LTD.,BHUBANESWAR vs. ITO, WARD- 1(1), BHUBANESWAR

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 384/CTK/2019[2013-14]Status: DisposedITAT Cuttack02 Nov 2020AY 2013-14

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.384&385/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Angul Sukinda Railway Ltd., Vs. Ito Ward-1(3), Bhubaneswar Plot No.7622/4706, Press Chhaka Gajapati Nagar, Bhubaneswar-751005 Pan No. : Aahca 6638 E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ved Jain, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 21/10/2020 घोषणा की तािीख/Date Of Pronouncement : 03/11/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Filed By The Assessee Against The Order Dated 16.09.2019, Passed By The Cit(A)-1, Bhubaneswar For The Assessment Year 2013-2014 & 2014-2015. 2. Grounds Taken By The Assessee For A.Y.2013-2014 Are As Under :- 1. That The Order Of The Ld. Ao Is Illegal, Arbitrary Contrary To Evidence On Record & Without Application Of Mind & For That Matter The Said Order Is Liable To Be Quashed And/Or Annulled. 2. That On The Facts Of Circumstances Of The Case, The Ld. Ao Has Erred In Treating Interest On Fdr & Flexi Deposit Amounting To Rs. 1,08,02,969/- As Revenue Receipt & Made Addition Although The Said Interest Is Inextricably Linked To The Project & Is Purely A Capital Receipt & Hence The Aforesaid Addition Is Liable To Be Deleted. 3. That The Ld. Ao Has Erred Both In Law & Facts By Treating Capital Receipt As Revenue 5. That The Appellant Craves Leave To Add Or To Amend The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. For These & Among Other Grounds To Be Urged At The Time Of Hearing, Adequate Relief As May Be Deemed Fit Be Granted In The Matter.

For Appellant: Shri Ved Jain, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 115J

disallowance of interest on FDR & Flexi deposit treating the same as revenue receipt. 6. Brief facts of the case are that the assessee is a public limited company filed its return of income electronically on 26.09.2013 disclosing a loss of Rs.11,85,939/-, however a tax was paid u/s.115JB of the Act on an income of Rs.92