INCOME TAX OFFICER WARD-1 BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL COOPERATIVE BANK LIMITED, BARIPADA

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

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

11. In the light of the aforesaid submissions made by the learned counsel for the assessee and the departmental representative, the present appeal filed by the revenue, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed. 12. In the result, appeal filed by the revenue is dismissed. ITA No.62/CTK/2024

INCOME TAX OFFICER, BARIPADA vs. MAYURBHANJ CENTRAL COOPERATIVE BANK LIMITED, BARIPADA

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

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

11. In the light of the aforesaid submissions made by the learned counsel for the assessee and the departmental representative, the present appeal filed by the revenue, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed. 12. In the result, appeal filed by the revenue is dismissed. ITA No.62/CTK/2024

INCOME TAX OFFICER WARD-1, BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL COOPERATIVE BANK LIMITED, BARIPADA

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

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

11. In the light of the aforesaid submissions made by the learned counsel for the assessee and the departmental representative, the present appeal filed by the revenue, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed. 12. In the result, appeal filed by the revenue is dismissed. ITA No.62/CTK/2024

INCOME TAX OFFICER, WARD-1, BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL CO-OPERATIVE BANK LIMITED, BARIPADA

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

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

11. In the light of the aforesaid submissions made by the learned counsel for the assessee and the departmental representative, the present appeal filed by the revenue, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed. 12. In the result, appeal filed by the revenue is dismissed. ITA No.62/CTK/2024

INCOME TAX OFFICER, WARD-1, BARIPADA, BARIPADA vs. MAYURBHANJ CENTRAL CO-OPERATIVE BANK LIMITED, BARIPADA

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

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwal

11. In the light of the aforesaid submissions made by the learned counsel for the assessee and the departmental representative, the present appeal filed by the revenue, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed. 12. In the result, appeal filed by the revenue is dismissed. ITA No.62/CTK/2024

TARINI MINERALS PVT. LTD.,ROURKELA vs. ACIT, ROURKELA

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2012-13

11. Ld counsel for the assessee submitted that the issue is covered in favour of the assessee by the decision of this Tribunal in the case of Smt. Indrani Patnaik vs ACIT in ITA Nos.393 & 394/CTK/2017 for Assessment Years : 2012-2013 & 2013-14 order dated 26.8.2020, whereas although ld DR relied on the orders of lower authorities but could

ORISSA COMPUTER ACADEMY,BHUBANESWAR vs. DCIT, CIRCLE-2(1), BHUBANESWAR

In the result, appeals filed by the assessee are allowed for statistical

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

68,259/- 6. The Assessing Officer observed that the founding members are required to work to attend the objects of the trust and not to enrich has been misused for payment of remuneration. 7. The Assessing Officer further observed that according to the provisions of section 11(4), the running of educational institution is a business and not incidental

ORISSA COMPUTER ACADEMY,BHUBANESWAR vs. DCIT, CIRCLE-1(2), BHUBANESWAR

In the result, appeals filed by the assessee are allowed for statistical

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

68,259/- 6. The Assessing Officer observed that the founding members are required to work to attend the objects of the trust and not to enrich has been misused for payment of remuneration. 7. The Assessing Officer further observed that according to the provisions of section 11(4), the running of educational institution is a business and not incidental

ORISSA COMPUTER ACADEMY,BHUBANESWAR vs. DCIT, CIRCLE-2(1), BHUBANESWAR

In the result, appeals filed by the assessee are allowed for statistical

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

68,259/- 6. The Assessing Officer observed that the founding members are required to work to attend the objects of the trust and not to enrich has been misused for payment of remuneration. 7. The Assessing Officer further observed that according to the provisions of section 11(4), the running of educational institution is a business and not incidental

DY.CIT(EXP), BHUBANESWAR vs. M/S. ORISSA COMPUTER ACADEMY, BHUBANESWAR

In the result, appeals filed by the revenue and cross objections of the

Bench: S/Shri P.M. Jagtap & C.M. Garg

3. Sri Subrat Prasanna Mishra: Rs. 4,34,561/- 4. Smt. Sanghamitra Mishra : Rs. 1,68,259/- 6. The Assessing Officer observed that the founding members are required to work to attend the objects of the trust and not to enrich themselves with substantial payments from the institution. Smt. Sarmista Rath has admitted to be a house wife, hence funds

DCIT (EXEMPTIONS), BHUBANESWAR vs. M/S. S.M.CHARITABLE EDUCATIONAL TRUST, BHUBANESWAR

In the result, appeals of the revenue are dismissed

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

3) of section 13. Hence, payment of honorarium to H.N. Mudali attracts the provisions of section 13(1)(c). Therefore, Rs.1,02,600/ is added back to total income, being misapplication of the trust fund. (iii) Donation:- During the year under consideration the trust incurred expense of Rs.11,20,000/- towards Donation & Subscription. On perusal of ledger copy

DCIT (EXEMPTIONS), BHUBANESWAR vs. M/S. S.M.CHARITABLE EDUCATIONAL TRUST, BHUBANESWAR

In the result, appeals of the revenue are dismissed

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

3) of section 13. Hence, payment of honorarium to H.N. Mudali attracts the provisions of section 13(1)(c). Therefore, Rs.1,02,600/ is added back to total income, being misapplication of the trust fund. (iii) Donation:- During the year under consideration the trust incurred expense of Rs.11,20,000/- towards Donation & Subscription. On perusal of ledger copy

DCIT (EXEMPTIONS), BHUBANESWAR vs. M/S. S.M.CHARITABLE EDUCATIONAL TRUST, BHUBANESWAR

In the result, appeals of the revenue are dismissed

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

3) of section 13. Hence, payment of honorarium to H.N. Mudali attracts the provisions of section 13(1)(c). Therefore, Rs.1,02,600/ is added back to total income, being misapplication of the trust fund. (iii) Donation:- During the year under consideration the trust incurred expense of Rs.11,20,000/- towards Donation & Subscription. On perusal of ledger copy

PURNA CHANDRA BISWAL,JAJPUR vs. PRINCIPAL CIT, CUTTACK

In the result, appeal of the assessee is partly allowed

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.200/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) Sri Purna Chandra Biswal, Vs. Principal Cit, Cuttack Jakhapura, Jajpur-755019 स्थायी लेखा सं./Panno. : Aclpb 1493 P (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri S.K.Sarangi, Ar िाजस्व की ओर से /Revenue By : Shri S.M.Keshkamat, Citdr

11 vii) Regarding applicability of provisions of section 68, I find that the appellant has brought substantial material on record to show that these are sundry creditor for purchases paid in subsequent years and that part of the purchases from the very parties were already accepted by the Assessing Officer. Evidently, the creditors were held to be bogus

PARADIP PORT AUTHORITY,JAGATSINGHPUR vs. DCIT,CIRCLE-1(1), CUTTACK

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

11,78,99,644 2,12,95,68,377 2,39,41,39,182 Finance and Misc Expenditure 1,15,86,87,910 90,85,05,584 1,15,06,34,621 (b) 3,27,65,87,554 3,03,80,73,961 3,54,47,73,803 Total Revenue Expenditure(a+b) Capital Expenditure Application as per Schedule

PARADIP PORT AUTHORITY,JAGATSINGHPUR vs. DCIT,CIRCLE1(1), CUTTACK

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

11,78,99,644 2,12,95,68,377 2,39,41,39,182 Finance and Misc Expenditure 1,15,86,87,910 90,85,05,584 1,15,06,34,621 (b) 3,27,65,87,554 3,03,80,73,961 3,54,47,73,803 Total Revenue Expenditure(a+b) Capital Expenditure Application as per Schedule

PARADIP PORT AUTHORITY,JAGATSINGHPUR vs. DCIT,CIRCLE-1(1), CUTTACK

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

11,78,99,644 2,12,95,68,377 2,39,41,39,182 Finance and Misc Expenditure 1,15,86,87,910 90,85,05,584 1,15,06,34,621 (b) 3,27,65,87,554 3,03,80,73,961 3,54,47,73,803 Total Revenue Expenditure(a+b) Capital Expenditure Application as per Schedule

SRI SUKHAMAYA DAS,BHUBANESWAR vs. DCIT, CIRCLE-3(1), BHUBANESWAR

In the result, appeal of the assessee is partly allowed

Bench: Shri Shri Chandra Mohan Garg, Judicialassessment Year : 2013-14 Sri Sukhmaya Das, Sri Sukhmaya Das, At-N/3/69, Vs. Dcit, Circle -3(1), 3(1), Irc Irc Village, Village, Nayapalli, Nayapalli, Bhubaneswar. Bhubaneswar Pan/Gir No. Aeppd 2993 A Aeppd 2993 A (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri J.M.Pattnaik, Ar , Ar Revenue By : Shri S.C. Mohanty, Dr Dr Date Of Hearing : 28/05/ 2021 1 Date Of Pronouncement : 14 /06/20 /2021 O R D E R

3 | 10 Assessment Year : 2013-14 6. I find that although the ld CIT(A) in the impugned order has not discussed anything regarding the issue and dismissed the appeal exparte, but the issue can be decided after hearing both the sides and materials available on record in view of the judgment of Hon’ble Gujarat High Court

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.

68, 59, 59A,598, 69C & 69D of the Act. The appellate case relating to the A.Y 2011-12 AND 2012-13 relates to prior to Amendment Assessment Year 2012-13 and therefore the assessee's case will not be hit by provisions of Section 115BBE(2) of the Act. P a g e 7 | 12 ITA Nos.120 to 123/CTK/2023