SHRI MAHESH KUMAR AGARWAL,SUNDARGARH vs. DCIT, CENTRAL CIRCLE-2, BHUBANESWAR

In the result, assessee’s appeal in the case of Mahesh

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am It(Ss)A No.117-119/Ctk/2018 ( Assessment Years :2011-2012 To 2013-2014) Mahesh Kumar Agarwal, Vs Dcit, Central Circle-2, Plot No.O-10, Civil Township, Bhubaneswar Rourkela, Sundargarh-769004 Pan No. : Abdpa 8307 Q & It(Ss)A No.146&147/Ctk/2018 (Assessment Years :2011-2012 & 2012-2013) Dcit, Central Circle-2, Vs Mahesh Kumar Agarwal, Bhubaneswar Plot No.O-10, Civil Township, Rourkela, Sundargarh-769004 Pan No. : Abdpa 8307 Q & It(Ss)A No.44/Ctk/2018 (नििाारण वषा / Assessment Year :2011-2012) Smt. Sanju Agarwal, Vs Dcit, Central Circle-2, Plot No.O-10, Civil Township, Bhubaneswar Rourkela, Sundargarh-769004 Pan No. : Aavpa 4328 C (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri S.M.Surana, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तािीख / Date Of Hearing : 22/10/2021 घोषणा की तािीख/Date Of Pronouncement : 10/01/2022 आदेश / O R D E R Per Bench: In The Above Captioned Seven Appeals, Five Appeals Have Been Filed By Two Different Assessees & Two Appeals Have 2 It(Ss)A Nos.44/Ctk/2018 It(Ss)A Nos.117-119/Ctk/2018 It(Ss)A Nos.146&147/Ctk/2018 & Ita No.382/Ctk/2018 Been Filed By The Department Which Are Directed Against The Separate Orders Of Cit(A)-2, Bhubaneswar, All Dated 31.01.2018 For The Assessment Years 2011-2012, 2012-2013, 2013-2014 & 2014-2015, Respectively.

house property was found, we place reliance on the judgment of Hon'ble Delhi High Court in the case of Abhinav Kumar Mittal 351 ITR 20 (supra) wherein it has been held that “no reference has to be made to DVO unless incriminating documents is found in the course of search. Similar view was also taken by Hon'ble Gujarat

SRI BASUDEV PANIGRAHI,BHUBANESWAR vs. ITO, WARD-3(1), BHUBANESWAR

In the result, appeal filed by the assessee is allowed

Bench: Shri N.S Sainiassessment Year :2010-2011

money' in real estate transactions. In the case of the assessee, the purchaser has denied having paid cash of Rs. 34,14,400'-. The assessee has not been able to put forward any further evidence in this regard. He observed that the agreement dated 24.12.2009 itself is not sacrosanct. When the purchaser stated that he was forced to sign

PRADEEP RAJKARAT,BHUBANESWAR vs. ITO, WARD-1(4), BHUBANESWAR

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

Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.91/Ctk/2019 (नििाारण वषा / Assessment Year :2010-2011) Pradeep Raj Karat, Vs. Ito, Ward-1(4), Ofs Dp, Sf Pri Campus, Bhubaneswar Ghatikia, Bhubaneswar-29 स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Abrpk 4652 J (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) यनधागररती की ओर से /Assessee By : Shri P.C.Sethi, Ar राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तारीख / Date Of Hearing : 15/05/2019 घोषणा की तारीख/Date Of Pronouncement 06/06/2019 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)- 2, Bhubaneswar, Dated 28.01.2019 Passed In First Appeal No.0455/2015- 16 For The Assessment Year 2010-2011, Wherein The Assessee Has Raised The Following Grounds Of Appeal :- 1. That, The Learned Cit(A) Has Committed Serious Error In Not Quashing The Assessment Order Which Is Based On The Notice Under Section 143(2) Of The Income-Tax Act, 1961 (Hereinafter Referred As "The Act") Under The Direction Of Chief Commissioner Of Income-Tax, Odisha Region, Bhubaneswar Which Is Illegal, Without Jurisdiction & Contrary To The Provisions Of The Act & For Which The Assessment Made Under Such Illegal Notice & Is Liable To Be Quashed And/Or Annulled. 2. That, The Learned Cit (A) Has Committed Serious Error By Not Deleting The Addition Made By The Learned Assessing Officer Of Rs. 3,61,535/-. 3. That, The Learned Cit (A) Has Committed Serious Error In Not Deleting The Disallowances Made By The Learned Assessing Officer Under Hra Of Rs.33,311/- Which Is Liable To Be Allowed.

unexplained income of the assessee. Therefore, the addition made by the AO and confirmed by the CIT(A) may kindly be upheld. However, ld. DR submitted that in case if it is found just and proper to restore the issue to the file of AO for re-adjudication after allowing the assessee to explain his case by way of supporting

DCIT, CORPORATE CIRCLE -1(2), BHUBANESWAR vs. M/S. POSCO INDIA PRIVATE LIMITED, BHUBANESWAR

In the result, appeal filed by the revenue and cross objection filed by the assessee is dismissed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2015-16 Dcit, Corporate Circle Dcit, Corporate Circle-1(2), Vs. M/S. Posco India Pvt Ltd., M/S. Posco India Pvt Ltd., Bhubaneswar. Bhubaneswar. Ground Floor, Fortune Towers, Ground Floor, Fortune Towers, Zone-6, 6, Chandrasekharpur, Chandrasekharpur, Bhubaneswar. Bhubaneswar. Pan/Gir No. No.Aadcp 6735 B (Appellant (Appellant) .. ( Respondent Respondent) C.O.No.09/Ctk/2020 (In Ita No.423/Ctk/2019) (In Ita No.423/Ctk/2019) Assessment Year : 2015-16 M/S. Posco India Pvt Ltd., M/S. Posco India Pvt Ltd., Vs. Dcit, Corporate Circle Dcit, Corporate Circle-1(2), Ground Floor, Fortune Towers, Ground Floor, Fortune Towers, Bhubaneswar Bhubaneswar Zone-6, 6, Chandrasekharpur, Chandrasekharpur, Bhubaneswar. Bhubaneswar. Pan/Gir No.Aadcp 6735 B Pan/Gir No.Aadcp 6735 B (Appellant (Appellant) .. ( Respondent Respondent)

unexplained. There is no material on record to suggest that the interest earned from the fixed deposits and dividend earned from mutual funds was inseparably connected with the business activity of the. assessee or it was commercially utilized prior to the commencement of the business. The assessee company has not made out the case that the deposits were kept with

TRIJAL ENTERPRISES,BHUBANESWAR vs. ACIT, CIRCLE- 4(1), BHUBANESWAR

Bench: S/Shri George Mathan & Arun Khodpiaassessment Year : 2016-17 Trijal Enterprises, Hall No.6, Vs. Acit, Circle-4(1), Fourth Floor, Bmc Bhawani Bhubaneswar Coom. Complex, Saheed Nagar, Bhubaneswar. Pan/Gir No.Aakft 6687 L (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra,Ca P.K.Panda, Ars Revenue By : Shri M.K.Gautam, Cit Dr Date Of Hearing : 15/11/2022 Date Of Pronouncement : 15/11/2022 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar Dated 22.6.2020 In Appeal No.0366/2018-19 For The Assessment Year 2016-17. 2. It Was Submitted By Ld Ar That The Assessee Is A Partnership Firm. The Partnership Firm Was Originally Constituted By Partnership Deed Dated 1.11.2015, Wherein, There Were Two Partners Namely; Shri Rajesh Polaki & Sri Malchit Chetan Kumar Patra. The Said Partnership Did Not Do Any Business. The Partnership Was Constituted For The Purpose Of Doing The Business Of Gold Jewellery. The Partnership Was Reconstituted On 1.3.2016, P A G E 1 | 37 Assessment Year : 2016-17

Housing Finance Ltd., and State Bank of India. The date of creation of the charge being in 2018. In the balance sheet of M/s. Tribhuvan Tradecom Pvt Ltd., under assets, the land has been shown at Rs.10,79,20,150/- in the case of M/s. Tribhuvan Tradecom Private Limited for the year ended 31.3.2016. He further drew our attention

MAMATA DAS,KORAPUT vs. ITO, JEYPORE

In the result, the appeal filed by the assessee is dismissed

Bench: Shri N.S Sainiassessment Year :2009-2010

unexplained investment. 4. On appeal, the CIT(A) confirmed the action of the Assessing Officer on the ground that the assessee did not produce corroborating evidence such as copy of bank account or receipt of any money from sale of any investments or property to support its contention that she had enough cash with him to make the investment

DCIT CENTRAL CIRCLE-2, BHUBANESWAR vs. M/S. HOTEL SUKHAMAYA PVT. LTD, BHUBANESWAR

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

house property, business and profession and other sources and balance sheet was filed along with supportive financial statement. The Id AR's contention that the assessee was holding the cash for the business operations at Jaipur and there is no malafide intension and the said transaction was disclosed in the income tax return. Further the Id. AR emphasized that

DCIT CENTRAL CIRCLE-2, BHUBANESWAR vs. M/S. HOTEL SUKHAMAYA PVT. LTD, BHUBANESWAR

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

house property, business and profession and other sources and balance sheet was filed along with supportive financial statement. The Id AR's contention that the assessee was holding the cash for the business operations at Jaipur and there is no malafide intension and the said transaction was disclosed in the income tax return. Further the Id. AR emphasized that

RASID KHAN,BHUBANESWAR vs. ITO, WARD-1(4), BHUBANESWAR

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.77/Ctk/2018 (नििाारण वषा / Assessment Year : 2008-2009) Mr.Rasid Khan, Vs. Ito, Ward-3(4), Flat No.A-3/5, Bhubaneswar Chandrama Apartment, Unit-3, Kharvel Nagar, Bhubaneswar-751001 स्थायी लेखा सं./Panno. : Aefpk 0922 A (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Natabar Panda, Advocate िाजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तािीख / Date Of Hearing : 19/11/2019 घोषणा की तािीख/Date Of Pronouncement : 20/01/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Appeal Filed By The Assessee Against The Order Of Cit(A)-2, Bhubaneswar, Dated 10.11.2017 For Assessment Year 2008-2009, On The Following Grounds :- 1) For That The Orders Of The Forums Below Are Illegal, Arbitrary, Unjust & Excessive In The Facts & Circumstances Of The Case. 2) For That The Learned Cit(A) Should Have Allowed The Appeal In Full, But In Twisting The Facts He Has Allowed The Appeal In Part, Which Is Liable To Be Modified/Set-Aside. 3) For That The Appellant Has Got Sufficient Source To Explain The Investment Of Rs.25,78,715/-,But The First Cit(A) Allowed Rs.5,00,000/- & Second Cit(A) Allowed Rs. 12,38,363, Thus Totaling Rs.17,38,363/-, Hence The Balance Rs.8,40,352/- Being Explainable Should Be Allowed In Toto. 4) For That Out Of Total Addition Of Rs.20,75,715/-, Which Remained For Consideration Of The Learned Cit(A), He Allowed Only Rs.12,38,363/- Although All The Material Facts Were Before Him, Hence For Explaining The Balance Of Rs.8,40,352/- The Appeal Is Liable To Be Set-Aside.

unexplained. Accordingly, the addition of Rs.25,78,715/- is confirmed to the extent of Rs.20,78,715/- and the appellant get relief of Rs.5 lacs”. A copy of the First Appeal order is enclosed herewith and marked as ANNEXURE-2. 12. That the appellant as against the order of Learned CIT(A) filed Second Appeal at this Forum

KOTHAKOTA RAMA RAO,RAYAGADA vs. ACIT, CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals of the assessee i

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)सं./Ita No.132/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P & आयकर अऩीऱ सं./Ita Nos.19&20/Ctk/2019 & Ita No.386/Ctk/2018 (नििाारण वषा / Assessment Year :2014-15, 2015-16 & 2016-17) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 15/07/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Are The Appeals Filed By The Assessee Against The Separate Orders Of Cit(A)-2, Bhubaneswar, Dated 11.09.2018 & 29.08.2018 For Assessment Years 2013-2014, 2014-2015, 2015-2016 & 2016-2017. 2. Since, Similar Issues Have Been Raised In All The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In It(Ss)A No.132/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned

Unexplained money U/s.69 Rs.27,36,300.00 NIL Gold jewellery and bullion added as unexplained investments Rs.67,90,235.00 Rs.9,73,821.00 2. That, the Appellant submits herewith issue-wise submissions for better appreciation of fact; Undisclosed income of Rs.31,00,OOP.OO: 2.1. That, during course of search, some original cheques of Institute of Advance Computer and Research (IACR) and certain

KOTHAKOTA RAMA RAO,RAYAGADA vs. ACIT, CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals of the assessee i

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)सं./Ita No.132/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P & आयकर अऩीऱ सं./Ita Nos.19&20/Ctk/2019 & Ita No.386/Ctk/2018 (नििाारण वषा / Assessment Year :2014-15, 2015-16 & 2016-17) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 15/07/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Are The Appeals Filed By The Assessee Against The Separate Orders Of Cit(A)-2, Bhubaneswar, Dated 11.09.2018 & 29.08.2018 For Assessment Years 2013-2014, 2014-2015, 2015-2016 & 2016-2017. 2. Since, Similar Issues Have Been Raised In All The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In It(Ss)A No.132/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned

Unexplained money U/s.69 Rs.27,36,300.00 NIL Gold jewellery and bullion added as unexplained investments Rs.67,90,235.00 Rs.9,73,821.00 2. That, the Appellant submits herewith issue-wise submissions for better appreciation of fact; Undisclosed income of Rs.31,00,OOP.OO: 2.1. That, during course of search, some original cheques of Institute of Advance Computer and Research (IACR) and certain

KOTHAKOTA RAMA RAO,RAYAGADA vs. ACIT, CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals of the assessee i

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ (तऱाशियाां और अशिग्रहण)सं./Ita No.132/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P & आयकर अऩीऱ सं./Ita Nos.19&20/Ctk/2019 & Ita No.386/Ctk/2018 (नििाारण वषा / Assessment Year :2014-15, 2015-16 & 2016-17) Kothakota Rama Rao, Vs. Acit, Central Circle-1, Kothapeta, Rayagada, Bhubaneswar District-Rayagada Pan No. : Aeppk 1600 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Citdr सुनवाई की तारीख / Date Of Hearing : 15/07/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Are The Appeals Filed By The Assessee Against The Separate Orders Of Cit(A)-2, Bhubaneswar, Dated 11.09.2018 & 29.08.2018 For Assessment Years 2013-2014, 2014-2015, 2015-2016 & 2016-2017. 2. Since, Similar Issues Have Been Raised In All The Appeals, Therefore, For The Sake Of Convenience & Brevity, We Shall Decide The Appeal Of The Assessee For A.Y.2013-2014 In It(Ss)A No.132/Ctk/2018 After Taking Into Consideration The Grounds & Facts Mentioned

Unexplained money U/s.69 Rs.27,36,300.00 NIL Gold jewellery and bullion added as unexplained investments Rs.67,90,235.00 Rs.9,73,821.00 2. That, the Appellant submits herewith issue-wise submissions for better appreciation of fact; Undisclosed income of Rs.31,00,OOP.OO: 2.1. That, during course of search, some original cheques of Institute of Advance Computer and Research (IACR) and certain

SMT. PURNIMA DAS,BHUBANESWAR vs. PR. CIT-1,, BHUBANESWAR

Bench: S/Shri George Mathan & Arun Khodpiaassessment Year : 2017-18 Smt. Purnima Das, C/O. Vs. Pr. Cit, Bhubaneswar-1. Biswajit Das, At-9, Budha Nagar, Budheswari, Bhubaneswar. Pan/Gir No.Aazpd0112 B (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Ar Revenue By : Shri M.K.Gautam, Cit Dr Date Of Hearing : 16/02/2023 Date Of Pronouncement : 16/02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr.Cit Passed U./S.263 Of The Act, Dated 12.3.2022 In Appeal No. Itba/Rev/F/Reev5/2021-22/10540634159(1) For The Assessment Year 2017-18. 2. Shri P.K.Mishra, Ld Ar Appeared For The Assessee Assisted By Ms.Sugyanee Kuanr & Ms. Simran Samal, Intern From Birla School Of Law (Bgu), Bhubaneswar & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue Assisted By Shri Dharmashoka Panda, Intern From Birla School Of Law (Bgu), Bhubaneswar. 3. It Was Submitted By Ld Ar That The Assessee Is An Individual, Who Is A Professor Of Mathematics At P.N.College, Khurda. The Assessee Had Filed Her Return Of Income For The Relevant Assessment Year On 5.8.2017

unexplained investment in bank u/s.69 of I.T. Act, 1961. In response to this query, the Assessee respectfully submits that, during the year Assessee sold the Flat No.H-3 situated in under consideration, the 3rd Floor at Sai Suman (Sai Anandam) Apartment, situated at Patia, Bhubaneswar to Smt Laxmi Priya Prusty for a sale consideration of Rs.43