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5 results for “section 68”+ Section 206clear

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Key Topics

Section 2633Section 683Addition to Income3Section 2(22)(e)2Section 143(1)2Section 115J2Disallowance2

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 Income-tax Act are upheld. Hence, impugned addition was held to be justified. In view of above facts, the appeal of the assessee is required to be dismissed.” 9. Ld PR. CIT (OSD) also placed reliance on the decision of the Hon’ble Delhi High Court in the case of CIT vs Nalwa Investments

DHANALAXMI JEWELLERS,ANGUL vs. ITO, ANGUL WARD, ANGUL

In the result, appeal of the assessee is partly allowed for statistical purposes in terms as indicated above

ITA 153/CTK/2018[2013-14]Status: DisposedITAT Cuttack01 Oct 2019AY 2013-14

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.153/Ctk/2018 (नििाारण वषा / Assessment Year :2013-2014) M/S Dhanalaxmi Jewellers, Vs. Ito, Angul Ward, Angul Laxmi Bazar, Angul-759122 स्थायी लेखा सं./Panno. : Aagfd 8791 D (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri D.K.Sheth/M. Sheth, Advs. िाजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr

For Appellant: Shri D.K.Sheth/M. Sheth, AdvsFor Respondent: Shri Subhendu Dutta, DR
Section 142(1)Section 143(1)Section 68

68 proceedings, the initial burden of proof lies on the assessee yet once he proves the identity of the lenders by either furnishing their PAN number or Income-tax assessment number and shows the genuineness of transaction by showing money in his books either by account payee cheque or by draft or by any other mode, then the onus

ACIT, CIRCLE-2(1), SAMBALPUR, SAMBALPUR vs. M/S. DIVAKAR ENGINEERING PVT. LTD., SAMBALPUR

In the result, appeal filed by the revenue is partly allowed for

ITA 507/CTK/2014[2010-11]Status: DisposedITAT Cuttack28 Feb 2018AY 2010-11

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

For Appellant: Shri B.R. Panda, ARFor Respondent: Shri Piyush Kolhe, CIT DR
Section 143(1)Section 143(2)Section 194Section 194C

206 in its support where the facts included the hiring out of mobile cranes and forklifts. The Hon'ble Kerala High Court held thus "The argument of Senior Standing Counsel that the case decided by the Gujarat High Court is on different facts, appears to be true because the crane in that case is mounted on the truck

M/S. ANGUL SUKINDA RAILWAY LTD.,BHUBANESWAR vs. ITO, WARD- 1(1), BHUBANESWAR

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 384/CTK/2019[2013-14]Status: DisposedITAT Cuttack02 Nov 2020AY 2013-14

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.384&385/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Angul Sukinda Railway Ltd., Vs. Ito Ward-1(3), Bhubaneswar Plot No.7622/4706, Press Chhaka Gajapati Nagar, Bhubaneswar-751005 Pan No. : Aahca 6638 E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ved Jain, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 21/10/2020 घोषणा की तािीख/Date Of Pronouncement : 03/11/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Filed By The Assessee Against The Order Dated 16.09.2019, Passed By The Cit(A)-1, Bhubaneswar For The Assessment Year 2013-2014 & 2014-2015. 2. Grounds Taken By The Assessee For A.Y.2013-2014 Are As Under :- 1. That The Order Of The Ld. Ao Is Illegal, Arbitrary Contrary To Evidence On Record & Without Application Of Mind & For That Matter The Said Order Is Liable To Be Quashed And/Or Annulled. 2. That On The Facts Of Circumstances Of The Case, The Ld. Ao Has Erred In Treating Interest On Fdr & Flexi Deposit Amounting To Rs. 1,08,02,969/- As Revenue Receipt & Made Addition Although The Said Interest Is Inextricably Linked To The Project & Is Purely A Capital Receipt & Hence The Aforesaid Addition Is Liable To Be Deleted. 3. That The Ld. Ao Has Erred Both In Law & Facts By Treating Capital Receipt As Revenue 5. That The Appellant Craves Leave To Add Or To Amend The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. For These & Among Other Grounds To Be Urged At The Time Of Hearing, Adequate Relief As May Be Deemed Fit Be Granted In The Matter.

For Appellant: Shri Ved Jain, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 115J

68,55,574/- and uphold the addition of Rs. 1,08,02,969/-, accordingly partly allowed the appeal of the assessee for both the assessment years. 8. Against the above order of CIT(A) for both the assessment years under consideration, the assessee is in appeals before the Income Tax Appellate Tribunal. 9. Ld. AR has reiterated the submissions made

M/S. ANGUL SUKINDA RAILWAY LTD.,BHUBANESWAR vs. ITO, WARD- 1(1), BHUBANESWAR

In the result, both appeals of the assessee are allowed for statistical purposes

ITA 385/CTK/2019[2014-15]Status: DisposedITAT Cuttack02 Nov 2020AY 2014-15

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.384&385/Ctk/2019 (नििाारण वषा / Assessment Year :2014-2015) M/S Angul Sukinda Railway Ltd., Vs. Ito Ward-1(3), Bhubaneswar Plot No.7622/4706, Press Chhaka Gajapati Nagar, Bhubaneswar-751005 Pan No. : Aahca 6638 E (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ved Jain, Ar िाजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit Dr सुनवाई की तािीख / Date Of Hearing : 21/10/2020 घोषणा की तािीख/Date Of Pronouncement : 03/11/2020 आदेश / O R D E R Per L.P.Sahu, Am: These Two Appeals Filed By The Assessee Against The Order Dated 16.09.2019, Passed By The Cit(A)-1, Bhubaneswar For The Assessment Year 2013-2014 & 2014-2015. 2. Grounds Taken By The Assessee For A.Y.2013-2014 Are As Under :- 1. That The Order Of The Ld. Ao Is Illegal, Arbitrary Contrary To Evidence On Record & Without Application Of Mind & For That Matter The Said Order Is Liable To Be Quashed And/Or Annulled. 2. That On The Facts Of Circumstances Of The Case, The Ld. Ao Has Erred In Treating Interest On Fdr & Flexi Deposit Amounting To Rs. 1,08,02,969/- As Revenue Receipt & Made Addition Although The Said Interest Is Inextricably Linked To The Project & Is Purely A Capital Receipt & Hence The Aforesaid Addition Is Liable To Be Deleted. 3. That The Ld. Ao Has Erred Both In Law & Facts By Treating Capital Receipt As Revenue 5. That The Appellant Craves Leave To Add Or To Amend The Above Grounds Of Appeal Before Or At The Time Of Hearing Of The Appeal. 6. For These & Among Other Grounds To Be Urged At The Time Of Hearing, Adequate Relief As May Be Deemed Fit Be Granted In The Matter.

For Appellant: Shri Ved Jain, ARFor Respondent: Shri M.K.Gautam, CIT DR
Section 115J

68,55,574/- and uphold the addition of Rs. 1,08,02,969/-, accordingly partly allowed the appeal of the assessee for both the assessment years. 8. Against the above order of CIT(A) for both the assessment years under consideration, the assessee is in appeals before the Income Tax Appellate Tribunal. 9. Ld. AR has reiterated the submissions made