M/S. PRAKASH KUMAR ROUT,CUTTACK vs. ACIT, CENTRAL CIRCLE, CUTTACK

In the result, all the appeals of the all the assessees are allowed

u/s 271AAB of the Act. Hence, even assuming that the mistake lies on the part of the Accountant by not entering the entries in the books of accounts regarding the commodity transaction, which might tantamount to reasonable cause, the assessee would still be exigible for levy of penalty as no immunity could be claimed in 'terms of Section 273B

M/S. PASUPATI BREEDING FARM PVT. LTD.,CUTTACK vs. ACIT, CENTRAL CIRCLE, CUTTACK

In the result, all the appeals of the all the assessees are allowed

u/s 271AAB of the Act. Hence, even assuming that the mistake lies on the part of the Accountant by not entering the entries in the books of accounts regarding the commodity transaction, which might tantamount to reasonable cause, the assessee would still be exigible for levy of penalty as no immunity could be claimed in 'terms of Section 273B

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

In the result, all the appeals of the all the assessees are allowed

u/s 271AAB of the Act. Hence, even assuming that the mistake lies on the part of the Accountant by not entering the entries in the books of accounts regarding the commodity transaction, which might tantamount to reasonable cause, the assessee would still be exigible for levy of penalty as no immunity could be claimed in 'terms of Section 273B

DIBYAJYOTI CHEMICALS PVT. LTD.,DHENKANAL vs. DCIT, CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assessee in ITA No

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

deduction under Chapter VI-A of Rs.1,00,000/-, the total income of the assessee comes to Rs.2,94,788/-. Further, if the household expenditure of the creditor for the said assessment year is taken into consideration then, there will be no surplus in hand to advance the money to the assessee. On other hand, the assessee was unable

DIBYAJYOTI CHEMICALS PVT. LTD.,DHENKANAL vs. DCIT, CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assessee in ITA No

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

deduction under Chapter VI-A of Rs.1,00,000/-, the total income of the assessee comes to Rs.2,94,788/-. Further, if the household expenditure of the creditor for the said assessment year is taken into consideration then, there will be no surplus in hand to advance the money to the assessee. On other hand, the assessee was unable

DCIT, BHUBANESWAR vs. M/S. G.V.V.CONSTRUCTIONS PVT. LTD., BHUBANESWAR

Appeal of the revenue are dismissed and the appeal of the revenue is dismissed

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.297/Ctk/2015 (धनधाारण वषा / Assessment Year :2010-2011) Dcit, Corporate Circle-1(1), Vs. M/S G.V.V. Constructions Bhubaneswar Pvt. Ltd., Plot No.358, Saheed Nagar, Bhubaneswar-751007 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaccg 3649 Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) & Cross Objection No.36/Ctk/2015 (निर्धारण वर्ा / Assessment Year :2010-2011) M/S G.V.V.Constructions Vs. Dcit, Corporate Circle-1(1), Pvt. Ltd., Plot No.358, Bhubaneswar Saheed Nagar, Bhubaneswar-751007 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaccg 3649 Q (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Citdr धनधााररती की ओर से /Assessee By : None सुनवाई की तारीख / Date Of Hearing : 03/08/2017 घोषणा की तारीख/Date Of Pronouncement 09/08/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Revenue Has Filed An Appeal & The Assessee Has Filed Cross Objection Against The Order Of Cit(A)-2, Bhubaneswar In I.T.Appeal No.0593/2013-14, Dated 9-3-2015, Passed U/S.271(1)(C) & 250 Of The Act. 2. None Appeared On Behalf Of The Assessee When The Matter Was Called For Hearing. Hence, We Proceed To Dispose Off The Appeal On The Basis Of Material Available On Record & The Submissions Of Ld. Dr. 3. We Take Up The Revenue’S Appeal In Ita No.297/Ctk/2015, Wherein The Revenue Has Raised The Following Grounds :-

u/s 271(l)(c) made in the instant case is held to be a case of excessive and arbitrary quasi- judicial overreach by the AO. The appeal is allowed and the penalty imposed of Rs. 13,94,844 is deleted.” 6. Aggrieved by the order of CIT(A), the revenue has filed an appeal before the Tribunal. 7. Before

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

deductions were really trading receipts of the assessee- society and are liable to be included in its taxable income. In our view, the learned judges of the High Court, were, with respect, in error in answering the question referred in the negative. In our in favour of the revenue. 11. In the last, it was submitted by ld.CIT-DR 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

deductions were really trading receipts of the assessee- society and are liable to be included in its taxable income. In our view, the learned judges of the High Court, were, with respect, in error in answering the question referred in the negative. In our in favour of the revenue. 11. In the last, it was submitted by ld.CIT-DR that

PRAFULLA KUMAR ROUTRAY,BHUBANESWAR vs. ACIT, INTERNATIONAL TAXATION, BHUBANESWAR, BHUBANESWAR

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

deduction of ₹82,46,135/- u/s 54 of the Act totalling to ₹2,40,00,000/- and added the same to the returned income of the assessee. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A). The assessment order was passed on 19.12.2019 assessing the total income of ₹2,61,11,609/- against

PRAVEEN GARG HUF,ROURKELA vs. ITO, WARD 1, ROURKELA, ROURKELA

In the result, both the appeals of the assessee are allowed

Bench: Shri George Mathan & Shri Rajesh Kumarita No.822&823/Ctk/2025 Assessment Year: 2014-15 Praveen Garg Huf Ito, Ward-1, Rourkela Gurudrawara Road, Rourkela, Vs Odisha-769001. (Pan: Aahhp0557Q) (Appellant) (Respondent)

deduction u/s 10(38) of the Act. As the additions itself has been deleted, the penalty u/s 271 is no more

PRAVEEN GARG HUF,ROURKELA vs. ITO, WARD 1, ROURKELA, ROURKELA

In the result, both the appeals of the assessee are allowed

Bench: Shri George Mathan & Shri Rajesh Kumarita No.822&823/Ctk/2025 Assessment Year: 2014-15 Praveen Garg Huf Ito, Ward-1, Rourkela Gurudrawara Road, Rourkela, Vs Odisha-769001. (Pan: Aahhp0557Q) (Appellant) (Respondent)

deduction u/s 10(38) of the Act. As the additions itself has been deleted, the penalty u/s 271 is no more

M/S. SHREE SAI ENTERPRISES,BHUBANESWAR vs. ADDL. CIT, RANGE-4, BHUBANESWAR

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Gargassessment Year: 2014-2015

u/s. 143(2) & 142(1) of the Act were issued to the assessee. In response to the same, Id. AR appeared and case of the assessee was discussed. Thereafter the AO completed the assessment making various additions. The Assessing Officer noticed that the assessee has accepted cash loan amounting to Rs.9,74,499/- from various person in violation of provisions

THE KORAPUT CENTRAL COOPERATIVE BANK LTD,JEYPORE, KORAPUT vs. ACIT,CIRCLE-1(1), SAMBALPUR

In the result, appeal of the assessee is allowed

deductions. 5. That the assessee craves leave to add, amend, modify, alter, delete, withdraw on or more of the grounds of appeals. 2 2. The assessee, a Co-operative Bank, filed the return of income for the Assessment Year 2015-16 on 29.09.2015 electronically vide e-filing acknowledgement number 832790601290915 disclosing a total income of Rs.1

BISWA RANJAN PATTNAIL,ANGUL vs. ITO, DHENKANAL

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

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2006-07

penalty of Rs.29,280/- u/s. 271(1)(c) of the Income tax Act, 1961. 3. At the outset, ld A.R. of the assessee has filed additional ground. However, he did not press the additional ground and made an endorsement Asse ssment Year : 20 06- 07 to this effect. Therefore, we dismiss the additional ground of appeal of the assessee

DEPUTY COMMISSIONER OF INCOME TAX, ODISHA vs. ODISHA STATE BEVERAGES CORPORATION LIMITED, ODISHA

In the result, appeal of the revenue stands dismissed

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2020-2021 2021 Dcit, Aayakar Bhavan, Main Dcit, Aayakar Bhavan, Main Vs. Odisha Odisha State State Beverages Beverages 2Nd Building, Building, Rajaswas Rajaswas Vihar, Vihar, Corporation Corporation Limited., Limited., 2 Vani Vihar, Bhubaneswar. Vani Vihar, Bhubaneswar. Floor, Floor, Fortune Fortune Towers, Towers, S.E.Rly S.E.Rly Proj. Proj. Complex, Complex, Bhubaneswar. Bhubaneswar. Pan/Gir No Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Satyajit Mishra, Ca Satyajit Mishra, Ca Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 11/0 06/2024 Date Of Pronouncement : 11/0 /06/2024 O R D E R Per Bench This Is An Appeal Filed By The Revenue Against The Order Of The Ld Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 21.9.2023 Deleting The Penalty Levied U/S.270A Of 21.9.2023 Deleting The Penalty Levied U/S.270A Of The Act For The Assessment Year For The Assessment Year 2020-2021. 2. Brief Facts Of The Case Are That The Assessment In This Case Was Brief Facts Of The Case Are That The Assessment In This Case Was Brief Facts Of The Case Are That The Assessment In This Case Was Passed U/S.143(3) Of The Act On 23.9.2 Passed U/S.143(3) Of The Act On 23.9.2022 By Disallowing A Sum Of 022 By Disallowing A Sum Of Rs.3,00,00,000/ Rs.3,00,00,000/- Out Of Expenses Claimed By The Assessee On Account Of Out Of Expenses Claimed By The Assessee On Account Of License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings

deduction on account of license fees. The Pune Bench of ITAT vide its order dated 30.3.2023 in ITA No.54 & 55/Pun/2023 in the case of Kishore Digamber Patil vs ITO, Ward 2(1), Nasik has discussed the validity of notice issued initiating proceedings u/s.270A and held as under: P a g e 7 | 12 Assessment Year : 2020-2021 “6. In this

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

penalties were levied by the ACIT,\nRourkela Circle u/s 271(1)(c) of the Act vide even dated 30.09.2016\nfor A.Ys. 2009-10 & 2010-11.\n2. At the outset, we observe from the appeal folder that there is a delay\nof 4 days in filing the appeal by the department and in support of this\na condonation petition was filed

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

penalties were levied by the ACIT,\nRourkela Circle u/s 271(1)(c) of the Act vide even dated 30.09.2016\nfor A.Ys. 2009-10 & 2010-11.\n2. At the outset, we observe from the appeal folder that there is a delay\nof 4 days in filing the appeal by the department and in support of this\na condonation petition was filed

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

penalties were levied by the ACIT,\nRourkela Circle u/s 271(1)(c) of the Act vide even dated 30.09.2016\nfor A.Ys. 2009-10 & 2010-11.\n2. At the outset, we observe from the appeal folder that there is a delay\nof 4 days in filing the appeal by the department and in support of this\na condonation petition was filed