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

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

47 & 48 of the paper book as under: To The ACIT, National e-assessment centre, Delhi. Assessee: Om Shree Realcon Pvt Ltd., 418, Sahid Nagar, Bhubaneswar-7. Pan: AABCO 3118 P Assessment year: 2018-19 Sub : Compliance to notice and furnishing of documents Ref: : Notice under section (1) of section 142 of the income tax Act, 1961 bearing

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-

47 ITD 58 (Cal.), it has been held as under: "The provisions of section 68 also in our view

GANESH MILLERS PRIVATE LIMITED,KARANJIA,MAYURBHANJ,ODISHA vs. ASST.COMMISSIONER OF INCOME TAX, BALESWAR CIRCLE,BALESWAR

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

47 as filed before the AO vide letter dated 25.05.2022. From the perusal of this list, it appears that none of the parties had opening balance and the outstanding balances appearing against in their names are with regard to the purchases made from them during the year itself. It is also seen that neither during the course of assessment proceedings

DIBYAJYOTI CHEMICALS PVT. LTD.,DHENKANAL vs. DCIT, CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assessee in ITA No

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

section 68 of the Income tax Act. In our considered view, the AO is justified in making the addition of Rs.8,00,000/- and ld CIT(A) is fully correct in confirming the same. Therefore, this appeal is dismissed. ITA No.320/CTK/2018: 10. The grievance of the assessee is that the ld CIT(A) is not justified in confirming

DIBYAJYOTI CHEMICALS PVT. LTD.,DHENKANAL vs. DCIT, CIRCLE-1(1), BHUBANESWAR

In the result, appeal of the assessee in ITA No

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

section 68 of the Income tax Act. In our considered view, the AO is justified in making the addition of Rs.8,00,000/- and ld CIT(A) is fully correct in confirming the same. Therefore, this appeal is dismissed. ITA No.320/CTK/2018: 10. The grievance of the assessee is that the ld CIT(A) is not justified in confirming

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

47 | 68 Smt. Indrani Patnaik A-6, Commercial Estate, Civil Township, Rourkela making the disallowance, would not per se destroy mandate of section

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

47 | 68 Smt. Indrani Patnaik A-6, Commercial Estate, Civil Township, Rourkela making the disallowance, would not per se destroy mandate of section

KISHAN MOTORS,BHUBANESWAR vs. ITO, WARD-4(3), BHUBANESWAR

In the result, appeal in ITA No

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

47,753 is liable to be deleted. 5. That, the Ld. Authorities below are not correct in disallowing the ad hoc disallowance of Rs. 4,73,611 (i.e. Rs. 58,787 under the head staff tiffin, Rs. 50,804 under the head fuel expenses, Rs. 1,98,467 under the head direct labour and Rs.1,65,553 under the head

R.N. SAHOO & OTHERS,BHUBANESWAR vs. DCIT, CIRCLE-4(1), BHUBANESWAR

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

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2014-2015

47,050/- 20,00,000/- 3. Shri Manish Kr Sahoo 3,00,000/- 3,00,000/- 4. Shri Avinash Sahoo 3,50,000/- 3,50,000/- P a g e 1 | 9 ITA No.3 35/CTK/201 9 Assessm ent Y ear : 20 14- 201 5 4. The Assessing Officer accepted the capital introduction in cheques and disallowed the capital introduction

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

M/S. UTKAL PLASTER PVT. LTD.,BHUBANESWAR vs. ITO, WARD-1(3), BHUBANESWAR

In the result, the appeal filed by the assessee is allowed

Bench: Shri N.S Sainiassessment Year :2008-09

section 194C. Therefore, the Assessing Officer disallowed Rs.1,67,252/- u/s.40(a)(ia) of the Act. 4. On appeal, the CIT(A) confirmed the action of the Assessing Officer relying on the decisions of Hon’ble Calcutta High Court in the case of CIT vs. Crescement Export Syndicate & Others (2013) 33 Taxman.com 250 and the Hon’ble Gujarat High

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

47 IT(SS)A No.77 & ITA Nos.320,296,88, 141,89,142,13/CTK/2023 &CO No.02/CTK/2023 deduction u/s.80IA of the Act. Thus, the ratio laid down in these cases is not applicable to the present case. 20. Further, ld. AR of the assessee placed heavy reliance upon the decision of coordinate bench of Hyderabad Tribunal in the case of Megha Engineering

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

47 IT(SS)A No.77 & ITA Nos.320,296,88, 141,89,142,13/CTK/2023 &CO No.02/CTK/2023 deduction u/s.80IA of the Act. Thus, the ratio laid down in these cases is not applicable to the present case. 20. Further, ld. AR of the assessee placed heavy reliance upon the decision of coordinate bench of Hyderabad Tribunal in the case of Megha Engineering

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. DCIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

47 IT(SS)A No.77 & ITA Nos.320,296,88, 141,89,142,13/CTK/2023 &CO No.02/CTK/2023 deduction u/s.80IA of the Act. Thus, the ratio laid down in these cases is not applicable to the present case. 20. Further, ld. AR of the assessee placed heavy reliance upon the decision of coordinate bench of Hyderabad Tribunal in the case of Megha Engineering

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. ACIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

47 IT(SS)A No.77 & ITA Nos.320,296,88, 141,89,142,13/CTK/2023 &CO No.02/CTK/2023 deduction u/s.80IA of the Act. Thus, the ratio laid down in these cases is not applicable to the present case. 20. Further, ld. AR of the assessee placed heavy reliance upon the decision of coordinate bench of Hyderabad Tribunal in the case of Megha Engineering

ASST. CIT, CENTRAL CIRCLE, SAMBALPUR, AAYAKAR BHAWAN, SAMBALPUR vs. SHREE BALAJI ENGICON LIMITED, BELPAHAR RS

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

47 IT(SS)A No.77 & ITA Nos.320,296,88, 141,89,142,13/CTK/2023 &CO No.02/CTK/2023 deduction u/s.80IA of the Act. Thus, the ratio laid down in these cases is not applicable to the present case. 20. Further, ld. AR of the assessee placed heavy reliance upon the decision of coordinate bench of Hyderabad Tribunal in the case of Megha Engineering

M/S. SHREE BAALAJI ENGICONS LIMITED,JHARSUGUDA vs. DEPUTY COMMISSIONER OF INCOME TAX ( CENTRAL CIRCLE-1(1), SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

47 IT(SS)A No.77 & ITA Nos.320,296,88, 141,89,142,13/CTK/2023 &CO No.02/CTK/2023 deduction u/s.80IA of the Act. Thus, the ratio laid down in these cases is not applicable to the present case. 20. Further, ld. AR of the assessee placed heavy reliance upon the decision of coordinate bench of Hyderabad Tribunal in the case of Megha Engineering

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

47 IT(SS)A No.77 & ITA Nos.320,296,88, 141,89,142,13/CTK/2023 &CO No.02/CTK/2023 deduction u/s.80IA of the Act. Thus, the ratio laid down in these cases is not applicable to the present case. 20. Further, ld. AR of the assessee placed heavy reliance upon the decision of coordinate bench of Hyderabad Tribunal in the case of Megha Engineering