OMM DHANA LAXMI JEWELLERS,ANGUL vs. PCIT, INCOME TAX

In the result, appeal of the assessee stands allowed

Bench: Shri George Mathan & Manish Agarwalassessment Year : 2013-14 M/S. Omm Dhanalaxmi Vs. Pr. Cit, Bhubaneswar-1. Jewellers, Bazar Chowk, Main Road, Angul-759122 Pan/Gir No.Aagfd 8791 D (Appellant) .. ( Respondent) Assessee By : Shri P.K.Mishra, Adv Revenue By : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 23/9/2024 Date Of Pronouncement : 23/9/2024 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld Pr.Cit, Bhubaneswar-1 U/S.263 Of The Act Dated 30.3.2024 For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds: “1) That The Ld. Pr Cit Bhubaneswar Has Erred In Law By Utilizing Section 263 For Directing The Assessing Officer To Do Necessary Verification As Per The Order Of Hon'Ble Itat Cuttack Bench Vide Order Dated 01-10-2019 Which Was Already Barred By Limitation. Provisions Of 263 Does Not Allow To Proceed For A Matter Which Was Already Barred By Limitation. Hence, The Order Passed Us 263 Needs To Be Quashed In To.

deposited cash into their respective bank accounts before advancing loan to the assessee. In the interest of justice, we restore the issue only for the limited purpose and direct the AO to verify and examine the cash availability in the hands of the respective lenders from legitimate business sources. The assessee is directed to cooperate with the AO for above

MIRNAL MEHTA,CUTTACK vs. ITO WRD-2(4), , CUTTACK

In the result, appeal of the assessee is allowed

u/s 143(3). As per Assessment order under section 147 read with sec 144B dt 30.03.2022, it can be seen that the reopen reason was cash deposits in State Bank of India having account No. 30926528935. As per AO the information was received from CRIU/VRU Section ( borrowed information by AO ) that heavy cash is deposited in the State Bank

JAY KISHORE CHOUBEY,RAIRANGPUR vs. ACIT, CIRCLE-1, ASANSOL

In the result, appeal of the assessee stands allowed

Bench: Before S/Shri George Mathan, Judicial & Girish Agrawalassessment Year : 2010-2011 2011 Jay Jay Kishore Kishore Choubey, Choubey, Vs. Acit, Circle Acit, Circle-1, Asansol. Rairangpur Bazar, Rairangpur, Rairangpur Bazar, Rairangpur, Mayurbhanj. Pan/Gir No. Pan/Gir No.Acmpc 1759 N (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.R.Mohanty P.R.Mohanty, Adv Revenue By : Shri Charan Das, Sr. Das, Sr. Dr Date Of Hearing : 29/11 11/2023 Date Of Pronouncement : 29/11 /11/2023 O R D E R Per Bench

cash deposit and interest were Rs.73,69,368/- i.e. exceeding maximum amount which was not chargeable to income tax. The assessee society has not filed its return of income for the A.Y. 2010- 11 which the assessee was under statutory obligation to file In view of the above facts and circumstances, I have sufficient reason to believe that income

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

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8

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

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8

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

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8

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

147. It is quite plain that as in that case,\neven here the expression of opinion by Shah Commission on the\nalleged under-invoicing of exports cannot qualify as information so as\nto sustain a belief on the part of the Assessing Officer of income\nhaving escaped assessment.\n27. The following cases, Writ Petition Nos.8

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR,ODISHA vs. INCOME TAX OFFICER,WARD-1(1), BHUBANESWAR

In the result, all the four appeals of the assessee are allowed

147 to 151 of the Act and therefore the reassessment order is liable to be quashed. 3. That, the Ld. Commissioner of Income Tax (Appeals) erred in facts in circumstances in confirming the additions of Rs.5,56,94,020 as short term capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR vs. INCOME TAX OFFICER,NFAC,DELHI, NFAC DELHI

In the result, all the four appeals of the assessee are allowed

147 to 151 of the Act and therefore the reassessment order is liable to be quashed. 3. That, the Ld. Commissioner of Income Tax (Appeals) erred in facts in circumstances in confirming the additions of Rs.5,56,94,020 as short term capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR vs. INCOME TAX OFFICER,WARD-1(1), BHUBANESWAR,ODISHA

In the result, all the four appeals of the assessee are allowed

147 to 151 of the Act and therefore the reassessment order is liable to be quashed. 3. That, the Ld. Commissioner of Income Tax (Appeals) erred in facts in circumstances in confirming the additions of Rs.5,56,94,020 as short term capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4

SAI SIMRAN INFRATECH PRIVATE LIMITED,BHUBANESWAR,ODISHA vs. INCOME TAX OFFICER,WARD-1(1), BHUBANESWAR

In the result, all the four appeals of the assessee are allowed

147 to 151 of the Act and therefore the reassessment order is liable to be quashed. 3. That, the Ld. Commissioner of Income Tax (Appeals) erred in facts in circumstances in confirming the additions of Rs.5,56,94,020 as short term capital gain whereas the assessee is a Real Estate developer and registered the flats valued at Rs.4

GULLIPALLI RAM PRASAD,VISAKHAPATNAM vs. INCOME TAX OFFICER WARD 1, BERHAMPUR

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

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2018-19 Gullipalli Gullipalli Ram Ram Prasad, Prasad, Vs. Income Tax Officer, Ward-1, Income Tax Offi 1/218/34, 1/218/34, Sri Sri Simhadri S Berhampur Residency, Residency, Chandanpur Chandanp Colony, Colony, Flat Flat No.703, No.703, Gopalapatam, Gopalapatam, Visakhapatnam Visakhapatnam Pan/Gir No. No.Aucoo 7479 A (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri N.Trinath Rao, Ca N.Trinath Rao, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 08/01/20 2025 Date Of Pronouncement : 08/01/20 025 O R D E R

u/s 147 of the Act. In response to notice u/s.148 of the Act, the assessee did not file the return of income. During the course of assessment proceedings, the Assessing Officer noticed that the assessee had made cash and other deposits of Rs.87,99,924/- in his bank accounts. Although various notices were issued to the assessee

MR. TAPAN KUMAR BHUYAN,SALEPUR vs. ITO, WARD-1(1), CUTTACK

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

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

reassessed the income of the petitioner as per the assessment order dated 19.12.2018. A. Assessee has failed to declare the head “income from other sources”, on its opening balance of with society as on 31.3.2021, and interest if any earned. B. Assessee has failed to explain the source of fresh deposit of Rs 8,80,@0.00, and its interest earned

MR. TAPAN KUMAR BHUYAN,SALEPUR vs. ITO, WARD-1(1), CUTTACK

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

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

reassessed the income of the petitioner as per the assessment order dated 19.12.2018. A. Assessee has failed to declare the head “income from other sources”, on its opening balance of with society as on 31.3.2021, and interest if any earned. B. Assessee has failed to explain the source of fresh deposit of Rs 8,80,@0.00, and its interest earned

MR. TAPAN KUMAR BHUYAN,SALEPUR vs. ITO, WARD-1(1), CUTTACK

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

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

reassessed the income of the petitioner as per the assessment order dated 19.12.2018. A. Assessee has failed to declare the head “income from other sources”, on its opening balance of with society as on 31.3.2021, and interest if any earned. B. Assessee has failed to explain the source of fresh deposit of Rs 8,80,@0.00, and its interest earned

MR. TAPAN KUMAR BHUYAN,SALEPUR vs. ITO, WARD-1(1), CUTTACK

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

Bench: Before Shri George Mathan, Judicialita Nos.120 To 123/Ctk/20 /Ctk/2023 Assessment Years : 2011-12 To 2014 12 To 2014-15 Mr Tapan Kumar Bhuyan, Mr Tapan Kumar Bhuyan, Vs. Income Ta Income Tax Officer, Ward- Chandradeipur, Chandradeipur, Salepur, Salepur, 1(1), Cuttack Cuttack Pan/Gir No. Pan/Gir No.Adopb 5206 C (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Samir Ranjan Dash Dash, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 07/08 8/2023 Date Of Pronouncement : 07/0 /08/2023 O R D E R These Are These Are Appeals Filed By The Assessee Against The Filed By The Assessee Against The Separate Orders Of Of The The Ld Ld Cit(A) Cit(A), Nfac, Delhi All Dated10.01.2023 10.01.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1048586596(1),Itba/Nfac/S/250/2022 23/1048586596(1),Itba/Nfac/S/250/2022- 23/1048587277(1),Itba/Nfac/S/250/2022 23/1048587277(1),Itba/Nfac/S/250/2022-23/104858788161) 23/104858788161) & Itba/Nfac/S/250/2022 C/S/250/2022-23/1048588097(1) For The Assessment Years 2011 23/1048588097(1) For The Assessment Years 2011- 12 To 2014-15, Respectively. 15, Respectively.

reassessed the income of the petitioner as per the assessment order dated 19.12.2018. A. Assessee has failed to declare the head “income from other sources”, on its opening balance of with society as on 31.3.2021, and interest if any earned. B. Assessee has failed to explain the source of fresh deposit of Rs 8,80,@0.00, and its interest earned