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

In the result, appeal of the assessee is partly allowed

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

198". The Explanation-2 to Section 37(1) of the Income Tax Act was inserted by Finance Act, 2014 w.e.f. 01-04-2015 clarifying that the expenditure incurred on the corporate social responsibility u/s. 135 of the Companies Act, 2013 shall not be deemed to be expenditure of assessee for the purpose of business. Now adverting to the facts

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

In the result, appeal of the assessee is partly allowed

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

198". The Explanation-2 to Section 37(1) of the Income Tax Act was inserted by Finance Act, 2014 w.e.f. 01-04-2015 clarifying that the expenditure incurred on the corporate social responsibility u/s. 135 of the Companies Act, 2013 shall not be deemed to be expenditure of assessee for the purpose of business. Now adverting to the facts

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

In the result, appeal of the assessee is partly allowed

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

198". The Explanation-2 to Section 37(1) of the Income Tax Act was inserted by Finance Act, 2014 w.e.f. 01-04-2015 clarifying that the expenditure incurred on the corporate social responsibility u/s. 135 of the Companies Act, 2013 shall not be deemed to be expenditure of assessee for the purpose of business. Now adverting to the facts

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

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

198". The Explanation-2 to Section 37(1) of the Income Tax Act was inserted by Finance Act, 2014 w.e.f. 01-04-2015 clarifying that the expenditure incurred on the corporate social responsibility u/s. 135 of the Companies Act, 2013 shall not be deemed to be expenditure of assessee for the purpose of business. Now adverting to the facts

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

In the result, appeal of the assessee is partly allowed

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

198". The Explanation-2 to Section 37(1) of the Income Tax Act was inserted by Finance Act, 2014 w.e.f. 01-04-2015 clarifying that the expenditure incurred on the corporate social responsibility u/s. 135 of the Companies Act, 2013 shall not be deemed to be expenditure of assessee for the purpose of business. Now adverting to the facts

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

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

198". The Explanation-2 to Section 37(1) of the Income Tax Act was inserted by Finance Act, 2014 w.e.f. 01-04-2015 clarifying that the expenditure incurred on the corporate social responsibility u/s. 135 of the Companies Act, 2013 shall not be deemed to be expenditure of assessee for the purpose of business. Now adverting to the facts

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

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

198". The Explanation-2 to Section 37(1) of the Income Tax Act was inserted by Finance Act, 2014 w.e.f. 01-04-2015 clarifying that the expenditure incurred on the corporate social responsibility u/s. 135 of the Companies Act, 2013 shall not be deemed to be expenditure of assessee for the purpose of business. Now adverting to the facts

M/S. EXIM INDIA OIL COMPANY LTD,CUTTACK vs. DCIT, CUTTACK

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

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 1998-99 M/S. Exim India Oil Company M/S. Exim India Oil Company Vs. Dcit, Circle Dcit, Circle-1(1), Ltd., At:N.H-5, Tiberwal Nagar, 5, Tiberwal Nagar, Cuttack Jagatpur, Cuttack Jagatpur, Cuttack Pan/Gir No. No.Aaace 3929 K (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.K. Tiberwal Tiberwal, Md Revenue By : Shri M.K.Gautam, Cit ( Cit (Dr) Date Of Hearing : 8/6/ 20 / 2022 Date Of Pronouncement : 8 /6 6/2022 O R D E R

68,705/- added u/s. 43B of the I.T.Act, 1961. 4. That under the facts and circumstances of the case, the Learned CI.T.(A) is not justified in confirming the addition of Rs.4,252/- as donation being inadmissible in nature. 5. That under the facts and circumstances of the case, the Learned C.I.T.(A) ought to have deleted the addition

SIBASANKAR SAHU,- DEOGARH vs. PCIT, , SAMBALPUR.

In the result, appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.217/Ctk/2022 (ननधाारण वषा / Assessment Year : 2017-2018) Sibasankar Sahu, Vs Pr.Cit, Sambalpur Arnapurna Store, At: Bania Sahi, Po/Ps: Deogarh Dist-Deogarh-768108 Pan No. :Apeps 1706 E (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 09/10/2023 घोषणा की तारीख/Date Of Pronouncement : 09/10/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pr.Cit, Sambalpur, Dated 18.03.2022, Passed In Itba/Rev/F/Rev5/2021-22/1041011837(1) For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar That The Appeal Filed By The Assessee Is Delayed By 199 Days. It Was The Submission That The Delay Was On Account Of Medical Treatment Of The Assessee’S Father & Assessee’S Wife. It Was The Submission That The Assessee Is An Individual Engaged In Trading Of Potatoes, Onion & Garlic In The Remote Area Of The District Of Deogarh, Odisha. It Was The Submission That The Assessee Was Not Well- Versed In Taxation Issues & On Account Of The Medical Treatment Of The 2 Assessee’S Father As Also The Assessee’S Wife, The Assessee Could Not File

198 582727 740150 1114621 1,68,64,270 14809973 1,58,23,571 17141100 5. Based on the above observation the bank account statement and the replies on various issues by the assessee, and the information collected from third parties, the following issues have crept in for consideration. Having heard the case and the following issues are considered and decided

M/S. GRM TRADING CO.,ANGUL vs. ACIT, CIRCLE-2(1), BHUBANESWAR

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

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2012-13 M/S. Grm Trading Co., Bazar M/S. Grm Trading Co., Bazar Vs. Acit, Circle Acit, Circle-2(1), Chowk, Angul. Chowk, Angul. Bhubaneswar. Bhubaneswar. Pan/Gir No.Aajfg 9627 N (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shrip.R.Mohanty P.R.Mohanty , Ar Revenue By : Shri M.K.Gautam, Cit ( Cit (Dr) Date Of Hearing : 20/6 6/ 2022 Date Of Pronouncement : 20/ /6/2022 O R D E R Per Bench

68,49,286.72 and RTGS purchase of Rs. 14,46,78,732.20. On the contrary, the assessee has disclosed total purchase of Rs.25,25,48,378/ in his audited accounts(in the return of income the purchase figure is Rs.25,25,48,384/-). Thus, the assessee has made unaccounted purchase at Rs.1,89,79,640.92 (Rs.27,15,28,018.92 minus

DCIT, CIRCLE-5(1), BHUBANESWAR vs. M/S. SRI JAGANNATH PROPERTIES & DEVELOPERS, BHUBANESWAR

In the result, appeal filed by the revenue and cross

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2013-2014

198/- towards administrative, financial and other overhead expenses and determined the profit to be taxed at Rs.9 crores and added the same to the total income of the assessee. The details of computation of income under percentage completion method is as under: @ Total cost of the project Rs.22,98,45308/- # Expected sales receipts-for the projects. Rs.27

PARADEEP PHOSPHATES LIMITED,BHUBANESWAR vs. ACIT, CORPORATE CIRCLE-1(2), BHUBANESWAR, BHUBANESWAR

In the result, appeal of the assessee i

68,186/- and sustained the expenses claimed on account of expenses related to OCP & MP, amount paid on import of raw materials, travelling expenses of OCP officials and storage rent of various materials. The observations of the CIT(A) on the disputed issues dealt at para 3 to 10 of the order which reads as under :- “3. The appellant