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

e 4 | 13 M/s. Orissa Computer Academy profit motive in view of decision in the case of CIT v. National Institute of Aeronautical Engineering & Educational Society, (2009) 226 CTR (Uttarakhand) 582. The Assessing Officer further observed that the provisions of section 13(1)(c) have been violated since substantial amounts have been paid to the founding members as under

INDRANI PATNAIK,ROURKELA vs. DCIT, RORUKELA CIRCLE, ROURKELA

In the result, appeals of the revenue for assessment years 2012-13 &

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

Section 37(1) of the Act will not be applicable. We therefore uphold the order of CIT(A) and dismiss ground no.2 raised by the revenue for the assessment year 2012-13. P a g e 26 | 68 Smt. Indrani Patnaik A-6, Commercial Estate, Civil Township, Rourkela 33. Ground No.3 of appeal for the assessment year

ACIT, RORUKELA CIRCLE, ROURKELA vs. INDRANI PATNAIK, ROURKELA

In the result, appeals of the revenue for assessment years 2012-13 &

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

Section 37(1) of the Act will not be applicable. We therefore uphold the order of CIT(A) and dismiss ground no.2 raised by the revenue for the assessment year 2012-13. P a g e 26 | 68 Smt. Indrani Patnaik A-6, Commercial Estate, Civil Township, Rourkela 33. Ground No.3 of appeal for the assessment year

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

68,69,70,71 & ITA n26/WK/2011 dated 22.03.201 wherein the Hon'ble Tribunal confirmed the orders of ld CIT(A)2, Bhubaneswar for AY 2001-02 to AY 2007-08 allowing appeals of the appellant. Thereafter, the predecessor-in-office wrote a letter to the AO on 20.05.2013 to verify any component of capitation fees as per Section

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

68,69,70,71 & ITA n26/WK/2011 dated 22.03.201 wherein the Hon'ble Tribunal confirmed the orders of ld CIT(A)2, Bhubaneswar for AY 2001-02 to AY 2007-08 allowing appeals of the appellant. Thereafter, the predecessor-in-office wrote a letter to the AO on 20.05.2013 to verify any component of capitation fees as per Section

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

68,69,70,71 & ITA n26/WK/2011 dated 22.03.201 wherein the Hon'ble Tribunal confirmed the orders of ld CIT(A)2, Bhubaneswar for AY 2001-02 to AY 2007-08 allowing appeals of the appellant. Thereafter, the predecessor-in-office wrote a letter to the AO on 20.05.2013 to verify any component of capitation fees as per Section

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

section 68 of the Act. Grounds No. 1 to 3 of the assessee's appeal are accordingly dismissed". b) Hon'ble Delhi High Court in the case of CIT vs. Navodaya Castles (P.) Ltd. (50 taxmann.com 110) wherein it was held that Certificate of incorporation, PANs etc. are not sufficient for the purpose of identification of shareholders when there

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

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

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

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

E R Per N.S.Saini, AM These are appeals filed by the assessee against the separate orders of the CIT(A)- 1,Bhubaneswar dated 19.5.2014 for the assessment year 2010-2011 and dated 27.3.2017 for the assessment years 2011-12 & 2012-13, respectively. 2. The assessee has raised the following grounds in the respective assessment years as under: ITA No.96/CTK/2018

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

E R Per N.S.Saini, AM These are appeals filed by the assessee against the separate orders of the CIT(A)- 1,Bhubaneswar dated 19.5.2014 for the assessment year 2010-2011 and dated 27.3.2017 for the assessment years 2011-12 & 2012-13, respectively. 2. The assessee has raised the following grounds in the respective assessment years as under: ITA No.96/CTK/2018

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

E R Per N.S.Saini, AM These are appeals filed by the assessee against the separate orders of the CIT(A)- 1,Bhubaneswar dated 19.5.2014 for the assessment year 2010-2011 and dated 27.3.2017 for the assessment years 2011-12 & 2012-13, respectively. 2. The assessee has raised the following grounds in the respective assessment years as under: ITA No.96/CTK/2018

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

E. Income from house property Rs. 87,115/- F. Income from other sources Rs. 7,63,190/- Gross total income Rs.29,97,768/- Less; Deduction u/s.,8OC Rs. 1,00,000/- Total income Rs. 28,97,768/- Or, u/s. 288A Rs. 28,97,770/- Assessed u/s. 143(3} of the Income Tax Act, 1961 on a total income of Rs.28

M/S. ALTRADE MINERALS PVT. LIMITED,ROURKELA vs. ACIT,CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR

In the result, appeal of the assessee is partly allowed

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2011-12 M/S. Altrade Minerals Pvt /S. Altrade Minerals Pvt Vs. Asst. Asst. Commissioner Commissioner Of Of Ltd., C/O. Kadmawala & Co., C/O. Kadmawala & Co., Income Tax, Central Circle, Income Tax, Central Circle, C.A., C.A., Budhram Budhram Oram Oram Sambalpur Market, Market, Kachery Kachery Road, Road, Rourkela. Pan/Gir No. No.Aafca 7136 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri M.R.Sahu, Ca Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 16/12/20 2024 Date Of Pronouncement : 16/12/20 024

1. That on the facts, and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming disallowance of Rs. 47,61,689/- made u/s. 14A r.w.r 80 being expenses incurred for earning exempt dividend income without appreciating the fact that assessee's own interest free funds was exceeding the investment made for earning exempted

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

1), section 194A(3)(i)(b) and section 194A(3)(viia)(b) of the Act, can take the benefit of general exemption provided to all co-operative societies from deduction of tax on payment of interest to members. The matter has been carried to judicial forums and in some cases a view has been taken that the provisions

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

1), section 194A(3)(i)(b) and section 194A(3)(viia)(b) of the Act, can take the benefit of general exemption provided to all co-operative societies from deduction of tax on payment of interest to members. The matter has been carried to judicial forums and in some cases a view has been taken that the provisions

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

1), section 194A(3)(i)(b) and section 194A(3)(viia)(b) of the Act, can take the benefit of general exemption provided to all co-operative societies from deduction of tax on payment of interest to members. The matter has been carried to judicial forums and in some cases a view has been taken that the provisions

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

1), section 194A(3)(i)(b) and section 194A(3)(viia)(b) of the Act, can take the benefit of general exemption provided to all co-operative societies from deduction of tax on payment of interest to members. The matter has been carried to judicial forums and in some cases a view has been taken that the provisions

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

1), section 194A(3)(i)(b) and section 194A(3)(viia)(b) of the Act, can take the benefit of general exemption provided to all co-operative societies from deduction of tax on payment of interest to members. The matter has been carried to judicial forums and in some cases a view has been taken that the provisions

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

In the result, appeal of the assessee stands allowed

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

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 of ‘e