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106 results for “section 68”+ Section 10(37)clear

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Key Topics

Addition to Income67Section 801A63Disallowance49Section 26335Deduction33Section 143(3)26Limitation/Time-bar18Section 153A17Exemption16Section 10(38)

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

ITA 185/CTK/2020[2016-17]Status: DisposedITAT Cuttack15 Nov 2022AY 2016-17

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

For Appellant: Shri P.K.Mishra,CA P.K.Panda, ARsFor Respondent: Shri M.K.Gautam, CIT DR
Section 131Section 133(6)Section 143(1)Section 68

Section 68 of the Act is reproduced as below: "Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in P a g e 22 | 37 Assessment Year : 2016-17 the opinion

Showing 1–20 of 106 · Page 1 of 6

14
Section 14A14
Section 6813

STATE POLLUTION CONTROL BOARD ODISHA,BHUBANESWAR vs. ITO, WARAD 5(2), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee stands allowed and stay petition stands dismissed

ITA 301/CTK/2024[2017-18]Status: DisposedITAT Cuttack24 Oct 2024AY 2017-18

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwals.P.No.11/Ctk/2024 Assessment Year :2017-18 State Pollution Control Board State Pollution Control Board, Vs. Ito, Ward 5(2), Plot No.A-118, Paribesh Bhawan, 118, Paribesh Bhawan, Bhubaneswar Nilakantha Nagar, Agar, Nayapali, Nayapali, Unit-Vii, Bhubaneswar Neswar Pan/Gir No.Aaals 2490 J Aaals 2490 J (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri S.K.Agrawalla, Ca Walla, Ca Revenue By : Shri Sanjay Kumar, Cit Sanjay Kumar, Cit Dr Date Of Hearing : 24/10/20 2024 Date Of Pronouncement : 24/10/20 024 O R D E R Per Bench

For Appellant: Shri S.K.Agrawalla, CA walla, CAFor Respondent: Shri Sanjay Kumar, CIT
Section 4

68,314/- only and not Rs. 53,48,75,077/- or Rs. 49,76,91,623/-. 3.5 In view of the above facts it is prayed before the Hon’ble Bench that there have been inconsistencies in the submissions made by the appellant before this Hon’ble Bench and those made before the Ld. CIT(A). It is settled principle

M/S. SEAMARK BIO ORGANIC PVT. LTD.,BHUBANESWAR vs. ACIT, CIRCLE-1(1), CUTTACK

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

ITA 252/CTK/2016[2012-13]Status: DisposedITAT Cuttack25 Apr 2017AY 2012-13

Bench: S/Shri N.S Saini & Kuldip Singh

For Appellant: Shri P.K.MishraFor Respondent: Shri A.Tigga, DR
Section 37Section 37(1)

section 37(1) in view of CBDT Circular dated 01.08.2012, interpreting the amendment dated 10.12.2009 brought in Indian Medical Council Regulation 2002 or not. The Asse ssment Year : 20 12- 13 break-up of sales promotion expenses, which has been disallowed by the AO, are as under: Sr. No. Particulars of expenses Amount in (Rs.) 1. Customer relationship management

DCIT, CIRCLE-1(1), BHUBANESWAR, BHUBANESWAR vs. M/S. PARADEEP PHOSPHATES LIMITED, BHUBANESWAR

In the result, appeal filed by the revenue is dismissed and that of

ITA 289/CTK/2014[2010-11]Status: DisposedITAT Cuttack04 Aug 2017AY 2010-11

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2010-2011

For Appellant: Shri B.K.MohapatraFor Respondent: Shri Kunal Singh, CIT DR
Section 195Section 195(1)Section 195(2)Section 197Section 263Section 40Section 92

68 ITR 457 (Bom.) it was pointed out that if the payment made by the resident to the non-resident is an amount which is not chargeable to tax in India, then no tax is deductible at source even though the assessee may not have made an application under section 18(3B) [now section 195(2)]. The application

ITO, BHADRAK WARD, BHADRAK vs. DEEPANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 43/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. SITANSU SEKHAR MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 38/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. ANUPAMA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 41/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. HIMANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 44/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. DEEPANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 42/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. HIMANSU MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 45/CTK/2020[2015-16]Status: DisposedITAT Cuttack21 Dec 2021AY 2015-16

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. ANUPAMA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 40/CTK/2020[2014-15]Status: DisposedITAT Cuttack21 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD , BHADRAK vs. PARBATI MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 49/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. KISHORE KUMAR MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 48/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. SMT. KUNTALA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 50/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. AMRUTA PREETAM MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 46/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

ITO, BHADRAK WARD, BHADRAK vs. MAMATA MOHAPATRA, BHADRAK

In the result, Appeals of the revenue in in ITANos

ITA 47/CTK/2020[2014-15]Status: DisposedITAT Cuttack17 Dec 2021AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am

For Appellant: Shri S.C Mohanty, Sr. DR
Section 10(38)

37 taxmann.com 286 (Gauhati High Court) 7. Chandan Gupta vs. CIT (2015) 54 taxmann.com 10 (Punjab & Haryana HC) 13. Per contra Ld. counsel for the assessee vehemently argued supporting the order of the Ld. CIT(A) stating that LTCG earned by the assessee for the year under appeal are genuine and supported by sufficient documentary evidences towards purchase sale

OMM SHREE REALCON PVT. LTD,BHUBANESWAR vs. PR.CIT-1, BHUBANESWAR

In the result, appeal of the assessee stands allowed

ITA 97/CTK/2023[2018-19]Status: DisposedITAT Cuttack28 Jun 2023AY 2018-19

Bench: Before S/Shri George Mathan, Judicial & And Rajesh Kumarassessment Year : 2018-19 Om Shree Realcon Pvt Ltd., Om Shree Realcon Pvt Ltd., Vs. Pr. Cit- Bhubaneswar Bhubaneswar-1 Plot No.418, Forest Park, 8, Forest Park, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabco 3118 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri S.K.Sarangi, Ca S.K.Sarangi, Ca Revenue By : Shri M.K.Gautam, Pr. Cit (Osd) Pr. Cit (Osd) Date Of Hearing : 28 /0 06/2023 Date Of Pronouncement : 28 /0 /06/2023 O R D E R Per Bench

For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri M.K.Gautam, Pr. CIT (OSD)
Section 143(3)Section 2(22)(e)Section 263Section 68

section 68 of the Act in respect of the unsecured loans taken by the assessee, it was submitted that these loans were the same amounts which have been treated by the Pr. CIT as being liable for deemed dividend. It was the submission that these loans had been specifically examined by the Assessing Officer in the course

M/S. ODISHA POWER GENERATION CORPORATION LTD.,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

ITA 267/CTK/2016[2011-12]Status: DisposedITAT Cuttack12 Sept 2022AY 2011-12

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

37,68,948 1,11,155 development & welfare exp. 6. Prior period - 69,91,618 61,16,336 67,54,639 - - adjustments P a g e 2 | 52 OPGC Department’s appeals Sr. No. Allowed expenses ITA No.114/C/14 ITA No.288/C/16 ITA No.175/C/16 Asst.yr.11-12 Asst.Yr.12-13 Asst.Yr. 10-11 1 Prior period & prepaid

ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR vs. M/S. ORISSA POWER GENERATION CORPORATION LTD., BHUBANESWAR

In the result, appeal of the assessee is partly allowed

ITA 288/CTK/2016[2011-12]Status: DisposedITAT Cuttack12 Sept 2022AY 2011-12

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

37,68,948 1,11,155 development & welfare exp. 6. Prior period - 69,91,618 61,16,336 67,54,639 - - adjustments P a g e 2 | 52 OPGC Department’s appeals Sr. No. Allowed expenses ITA No.114/C/14 ITA No.288/C/16 ITA No.175/C/16 Asst.yr.11-12 Asst.Yr.12-13 Asst.Yr. 10-11 1 Prior period & prepaid

M/S. ODISHA POWER GENERATION CORPORATION LIMITED,BHUBANESWAR vs. DCIT,CORPORATE CIRCLE-1(2), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

ITA 131/CTK/2019[2014-15]Status: DisposedITAT Cuttack12 Sept 2022AY 2014-15

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

37,68,948 1,11,155 development & welfare exp. 6. Prior period - 69,91,618 61,16,336 67,54,639 - - adjustments P a g e 2 | 52 OPGC Department’s appeals Sr. No. Allowed expenses ITA No.114/C/14 ITA No.288/C/16 ITA No.175/C/16 Asst.yr.11-12 Asst.Yr.12-13 Asst.Yr. 10-11 1 Prior period & prepaid