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

section 68, there is requirement of presence of books of accounts, which is not there in the case of appellant. 5. That the Appellant craves leave to add, alter, amend, modify, substitute, delete and or rescind all or any of the Grounds of Appeal on or before the final hearing, if necessity so arises. The Appeal may be allowed

KALPANA MISHRA,BHUBANESWAR vs. ITO, WARD 5(4), BHUBANESWAR, BHUBANESWAR

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

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.491/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Year : 2016-2017) वष" Kalpana Mishra, Vs Ito Ward-5(4), Bhubaneswar Plot No.B-87/A, Chandaka Industrial Estate, Patia, Bhubaneswar-751024 Pan No. :Alfpm 2864 E (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती िनधा"रती क" िनधा"रती िनधा"रती क" क" ओर क" ओर ओर सेसेसेसे /Assessee By ओर : Shri B.R.Pattnaik, Ca राज"व राज"व क" राज"व राज"व क" क" ओर क" ओर ओर सेसेसेसे /Revenue By ओर : Shri S.C.Mohanty, Sr. Dr सुनवाई क" तारीख / Date Of Hearing : 28/01/2025 घोषणा क" तारीख/Date Of Pronouncement : 28/01/2025 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 07.03.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2023- 24/1062168195(1) For The Assessment Year 2016-2017, On The Following Grounds :- 1. Hon'Ble Cit(Appeals), Nfac Has Erred In Law & On Facts In Confirming The Action Of The Learned Ao Even Though The Learned Ao Has Exceeded His Jurisdiction In A Limited Scrutiny Case Selected Under Cass Only To Examine Whether The Investment & Income Relating To Securities Transactions Are Duly Disclosed Or Not & Added A Sum Of Rs.44,00,000.00 U/S 68 Of The Income Tax Act, 1961, Without Obtaining Prior Administrative Approval Of The Concerned Pr. Cit/Cit As Prescribed In Circular F. No. 225/402/2018/Ita.Ii, Dated 28- 11-2018 & Instruction No.5/2016 [F.No.225/269/2015-

section 68 only based on the assessee's passbook, which was not a book of account, would not be sustainable. This same view has also been held in the case of (a) Smt. Ramilaben B. Patel v. ITO [2018] 100 taxmann.com 325 (Ahmedabad Trib.) and (b) Kuldeep Jiwan Mahant v ITO [2023] 157 taxmann.com 532 (Raipur Trib

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

68 Smt. Indrani Patnaik A-6, Commercial Estate, Civil Township, Rourkela verified the genuineness of the approval obtained by the Organisation for the purpose of section 35

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

68 Smt. Indrani Patnaik A-6, Commercial Estate, Civil Township, Rourkela verified the genuineness of the approval obtained by the Organisation for the purpose of section 35

KANCHAN PLASTICS PRIVATE LIMITED,CUTTACK vs. DEPUTY COMMISSIONER OF INCOME TAX ASMNT CIRCLE-2(1), CUTTACK

In the result, appeal filed by the assessee stands allowed

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 Kanchan Plastics Pvt Ltd., Kanchan Plastics Pvt Ltd., Vs. Dcit, Asmnt Circle Dcit, Asmnt Circle-2(1), 222, Banka Bazar, Cuttack 222, Banka Bazar, Cuttack Cuttack Pan/Gir No. Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Mohit Sheth, Ar Mohit Sheth, Ar Revenue By : Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. Dr

section 68 of the Act. It was the submission that the assessee had initially taken the loans as interest free but subsequently, as the assessee was unable to repay the loans immediately, the assessee had paid P a g e 2 | 12 Assessment Year : 2017-18 interest on the same and had also deducted TDS on the interest payments

PRASANTA KUMAR MOHAPATRA,KEONJHAR vs. PRINCIPAL CIT, SAMBALPUR

In the result, appeal of the assessee is partly allowed

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.113/Ctk/2021 (ननधाारण वषा / Assessment Year : 2017-2018) Prasanta Kumar Mohapatra, Vs Pr.Cit, Sambalpur Mining Road, New Market, Keonjhar, Odisha Pan No. :Aavpm 9636 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.C.Sethi, Advocate राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 04/09/2024 घोषणा की तारीख/Date Of Pronouncement : 04/09/2024 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 25.08.2021, Passed In Din & Order No.Itba/Rev/F/Rev5/2021-22/1035100447(1) For The Assessment Year 2017-2018, On The Following Grounds Of Appeal :- 1. That, The Ld Principal Commissioner Of Income-Tax Has Committed Serious Error In Modify The Order Of Assessment Passed By The Ld Assessing Officer Which Is Unjust, Illegal, Arbitrary, Without Jurisdiction, Contrary To The Provisions F The Act, Contrary To The Facts & Circumstances Of The Case & Has Been Made In Gross Violation To The Principles Of Natural Justice & Is Liable To Be Quashed And/ Or Annulled. 2. That, The Ld. Principal Commissioner Of Income-Tax, Sambalpur Has Erred Both In Law & In Fact By Invoking The Section 263 Of The Act Which Is Beyond The Jurisdiction Vested With The Ld. Principal Commissioner Of Income-Tax & For Which The Order Thereof Is Liable To Be Quashed & / Or Annulled. 3. That, The Ld Principal Commissioner Of Income-Tax Has Erred Both In Law & In Fact By Invoking The Section 263 Of The Act Which Is Beyond The Scope Of Power Vested With The Ld. Principal Commissioner Of Income-Tax & For Which The Order There Off Is Liable To Be Quashed & / Or Annulled.

Section 68 of the Act are not applicable in the instant case and therefore, the action of ld. PCIT in modifying the assessment order by making the addition of Rs.3,44,64,222 u/s.68 deserves to be struck down. In the alternate he prayed that in the interest of justice instead of modifying the assessment order and directing

MR. BICHITRANANDA ROUT,SHANKARPUR, CUTTACK vs. INCOME TAX OFFICER, WARD-2(1), CUTTACK

In the result, appeal of the assessee stands dismissed

35,500/- is liable to be deleted. 6. It was the submission that in regard to first issue of transfer of file from the SMC Bench to Division Bench without the speaking order is invalid that the SMC Bench was bound by the order of the Division Bench in the P a g e 6 | 33 Assessment Year

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

35,000/- by the Learned A.O. u/s. 68 of the I.T.Act. 1961 and confirmed by the learned C.I.T.(A) is illegal, arbitrary, without proper application of mind, contrary to weight of evidence and also lack of providing reasonable opportunity to the Appellant, therefore ought to be deleted. P a g e 2 | 10 Assessment Year : 1998-99 3. That under

MAKEWAY CONSULTANCY PVT. LTD.,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANESWAR

Bench: Shri N.S Sainiassessment Year :2010-2011

section 68 of the Act. 3. The brief facts of the case are that during the year under consideration, the assessee received share application money of Rs.44,00,000/- in cash from the following persons: “Maeway Consultancy Private Limited Asse ssment Year :20 10- 201 1 Details of Share Capital Introduced during Financial Year 2009-10 AMOUNT NAME

RUKMANI INFRA PROJECTS PVT. LTD.,BHUBANESWAR vs. ACIT, CIRCLE-1(2), BHUBANESWAR

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

Bench: Shri Chandra Mohan Garg, Jm & Shri Arun Khodpia, Am आयकर अपीऱ सं./Ita No.358/Ctk/2017 (नििाारण वषा / Assessment Year :2013-2014) Rukmani Infra Projects Ltd., Vs Acit, Circle-1(2), Bhubaneswar Plot No.251, District Centre, C.S.Pur, Bhubaneswar-16 Pan No. : Aaecr 1585 L (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : None : Shri Manoj Kumar Goutam, Cit-Dr राजस्व की ओर से /Revenue By सुनवाई की तारीख / Date Of Hearing : 08/03/2022 घोषणा की तारीख/Date Of Pronouncement : 30/03/2022 आदेश / O R D E R Per Arun Khodpia, Am : This Appeal Filed By The Assessee Has Been Directed Against The Order Passed By The Ld. Cit(A)-1, Bhubaneswar, Dated 16.06.2017, For The Assessment Year 2013-2014. 2. Brief Facts Of The Case Extracted From The Available Records Are That, The Assessee, A Company Incorporated Under The Companies Act, 1956, Engaged In The Business Of Erection, Commissioning, Technical & Maintenance Service To Different Power Plants. The Return Of Income For The Ay 2013-14 Was Filed By The Assessee On 01.10.2013 Declaring A Total Income Of Rs.1,65,91,030/-. The Case Of The Assessee Was Selected Under Cass. Notice U/S 143(2) & 143(1) Were Issued & Served On The Assessee. Assessment Proceedings Were Completed By The Ao & Concluded With An Addition Of Rs.3,58,95,574/- Under Four Different

section 68 of the income tax act in the instant case is not reasonable and uncalled-for. 6.6 In view of the above discussion, we found merit in contention of the assessee and, accordingly this ground of appeal of the assessee is decided in favour of the assessee. 7 7. Ground 2 relates to disallowance of statutory dues

LINA MOHANTY,KORAPUT vs. INCOME TAX OFFICER, JEYPORE WARD, JEYPORE

Appeal of the assessee is partly allowed

Bench: The Hon'Ble Income Tax Appellate Tribunal In Connection With Income Tax Matters. 5. That, The Facts Stated Above Are True To The Best Of My Knowledge & Believe & I Conceal Nothing.” 1.1 Considering The Reasons Given In The Said Affidavit, The Delay Is Hereby Condoned & The Appeal Is Admitted For Adjudication.

35,71,500/- during demonetisation period but during the assessment proceedings, the source of such cash deposit was not explained and thereafter the Ld.AO invoked the provision of section 68

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE,SECOND FLOOR vs. SHIVA CEMENT LIMITED, ROURKELA, SUNDARGARH

In the result, the appeals of the Revenue as well as the COs of the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Vp & Shrirajesh Kumar, Am

35,25,000/- as unexplained cash credit u/s 68 of the Act and of ₹11,76,896/- by way of disallowance u/s 40a(i)(a) of the Income-tax Act, 1961 (the Act) read with section

ASSISTANT COMMISSIONER OF INCOME TAX , SECOND FLOOR, AAYAKAR BHAWAN, AINTHAPALI vs. SHIVA CEMENT LIMITED, ROURKELA

In the result, the appeals of the Revenue as well as the COs of the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Vp & Shrirajesh Kumar, Am

35,25,000/- as unexplained cash credit u/s 68 of the Act and of ₹11,76,896/- by way of disallowance u/s 40a(i)(a) of the Income-tax Act, 1961 (the Act) read with section

DCIT CENTRAL CIRCLE-2, BHUBANESWAR vs. M/S. HOTEL SUKHAMAYA PVT. LTD, BHUBANESWAR

In the result, all the three appeals of the Revenue are dismissed

35. ITR 519. In that case, the assessee carried on business as a distiller of country liquor and sold the produce of its distillery to licensed wholesalers. Under a scheme devised by the Government, the distiller (assessee) was entitled to charge the wholesaler a price for the bottles in which the liquor was supplied, at rates fixed by the Government

DCIT CENTRAL CIRCLE-2, BHUBANESWAR vs. M/S. HOTEL SUKHAMAYA PVT. LTD, BHUBANESWAR

In the result, all the three appeals of the Revenue are dismissed

35. ITR 519. In that case, the assessee carried on business as a distiller of country liquor and sold the produce of its distillery to licensed wholesalers. Under a scheme devised by the Government, the distiller (assessee) was entitled to charge the wholesaler a price for the bottles in which the liquor was supplied, at rates fixed by the Government

GANAPATI BUILDERS LIMITED,BARGARH vs. ITO, BARAGARH WARD, BARGARH, BARGARH

The appeal is allowed for statistical purposes

68 amounting to Rs 3,26,87,350 which was received from the customers as advance for booking flats even though such advances were supported by sale deeds without considering the statement of facts and submission given during appellate proceedings 2. For that Ld CIT(A) erred in sustaining the addition of Rs 1,65,22,000 which were also

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

In the result, Appeals of the revenue in in ITANos

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

68 of the Act by the ld. AO observing as follows: Finding for A.Y. 2014-15 I have perused the facts of the case and have examined the assessment order u/s. 143(3) for AY.- 2014-15 dt. 29/12/2016 as well as the detailed arguments tendered by the counsel for the assessee. The status of the revised return

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

In the result, Appeals of the revenue in in ITANos

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

68 of the Act by the ld. AO observing as follows: Finding for A.Y. 2014-15 I have perused the facts of the case and have examined the assessment order u/s. 143(3) for AY.- 2014-15 dt. 29/12/2016 as well as the detailed arguments tendered by the counsel for the assessee. The status of the revised return

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

In the result, Appeals of the revenue in in ITANos

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

68 of the Act by the ld. AO observing as follows: Finding for A.Y. 2014-15 I have perused the facts of the case and have examined the assessment order u/s. 143(3) for AY.- 2014-15 dt. 29/12/2016 as well as the detailed arguments tendered by the counsel for the assessee. The status of the revised return