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11 results for “disallowance”+ Deductionclear

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Key Topics

Deduction8Disallowance6Section 14A5Section 35A5Section 2635Section 803Section 2603Addition to Income3Section 260A2Section 45(2)

COMMISSIONER OF INCOME TAX vs. M/S.KRUPAJAL TRUST

Accordingly, the review petitions are allowed and the order dated

ITA/65/2018HC Orissa10 Apr 2024

Bench: DR. JUSTICE B.R.SARANGI,MR. JUSTICE GOURISHANKAR SATAPATHY

Section 14ASection 36(1)

disallowing the claim of deduction for advances made by Rural Branches U/s 36(1) (viia)/B such order is concerned

NALCO vs. COMNR.OF INCOME TAX

ITA/133/2012HC Orissa09 May 2022

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 16Th January, 2024 Appearance : Sri Vipul Kundalia, Adv. Smt. Oindrilla Ghosal, Adv. ...For The Appellant. Sri J.P. Khaitan, Sr. Adv. Sri Sanjoy Bhaumik, Adv. Smt. Swapna Das, Adv. ...For The Respondent. 1. Heard Sri Vipul Kundalia, Learned Senior Standing Counsel For The Appellant/Revenue & Sri J.P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjoy Bhaumik & Smt. Swapna Das, Learned Advocates For The Respondent/Assessee. 2. This Appeal Was Admitted By This Court By An Order Dated 30.11.2012 On The Following Substantial Questions Of Law: “1) Whether In View Of The Facts & Circumstances Of The Instant Case The Tribunal Erred By Not Considering That Subsides Which May Be Used Freely

2
Section 143(3)2
Capital Gains2
Section 43(6)Section 89

disallowance made by Assessing Officer on account of claim of deduction of proportionate amount of lease hold land written off of Rs.20

PRINCIPAL COMMISSIONER OF INCOME TAX,BHUBANESWAR vs. INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA LTD.

In the result, the appeal stands disposed of in terms of

ITA/33/2017HC Orissa14 Nov 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 115Section 115JSection 14Section 14ASection 260Section 45(2)

disallowances of deprecation on HTM category of investments by erroneously holding that value of investments made pursuant to SLR requirements of RBI can be allowed as a deduction

PRINCIPAL COMMISSIONER OF INCOME TAX-2 vs. M/S.JAGANNATH CHAUDHURY

The appeal is disposed of as indicated above

ITA/1/2018HC Orissa18 Dec 2019

Bench: MR. JUSTICE K. S. JHAVERI (CJ),MR. JUSTICE K.R.MOHAPATRA

For Appellant: THE PRINCIPAL COMMISSIONER OF INCOME TAXFor Respondent: M/S. SAHYADRI CO-OPERATIVE CREDIT SOCIETY LTD

deduction under Section 80P of the Income Tax Act, 1961 (for short, ‘the Act’) of Rs. 1,42,23,305/- and ITA Nos.68/2017, 196/2019, 63/2019, 1/2018, 219/2019 -8- return of income at Rs.1,62,080/-. 5. The Assessing Officer first disallowed

PRINCIPAL COMMISSIONER OF INCOME TAX-1 vs. KAMAL LOCHAN DAS

In the result, the appeal fails and the substantial question of law is

ITA/23/2023HC Orissa02 Mar 2023

Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 3Rd April, 2023 Appearance : Mr. Soumen Bhattacharjee, Adv. ….For Appellant Mr. Subash Agarwal, Adv. …For Respondent The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act) Is Directed Against The Order Dated 20Th May, 2022 Passed By The Income Tax Appellate Tribunal, `B’ Bench, Kolkata In Ita No.78/Kol./2022 For The Assessment Year 2019-20. The Revenue Has Raised The Following Substantial Question Of Law For Consideration : - “Whether The Learned Income Tax Appellate Tribunal Has Committed Substantial Error In Law In Deleting The Addition Made On Account Of Disallowance Of Deduction Under Section 80-Ic Of The Act ? ”

Section 260ASection 80

disallowance of deduction under Section 80-IC of the Act ? ” 2 We have heard Mr. Soumen Bhattacharjee, learned standing Counsel

ORISSA SPONGE IRON vs. AST.COMNR.I.TAX

The appeal is disposed of in the above terms

ITA/90/2009HC Orissa07 Feb 2022

Bench: And Within The Due Date Of Filing Of Return U/S. 139(1) Of The Income Tax Act?”

Section 139(1)

disallowances of Employees Contribution made at Rs.70,70,127/- and correctly held that the deduction of the // 2 // Page 2 of 3 amount

M/S.G.K.W.LTD vs. COMNR.OF INCOMETAX

The appeal is disposed of in the

ITA/50/2006HC Orissa16 Aug 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE CHITTARANJAN DASH

Section 35ASection 56Section 57

deduction is sought of 1/6th of the expenditure on acquiring the know-how. It has been disallowed only because in the previous

MANAS R.MOHANTY vs. ASST.COMNR.OF INCOME

ITA/29/2012HC Orissa24 Feb 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

disallowed   the   claim   holding   that   untimely  death of plants mainly referred as mortality is nothing but capital loss and  is not liable for deduction

COMNR.OF INCOME TAX vs. PARADEEP PHOSPHATES

ITA/113/2013HC Orissa15 Nov 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 143(3)Section 195(1)Section 263Section 40

deducting tax at source and Page 2 of 3 accordingly directed the AO to make the assessment de novo other than the issue of disallowance

M/S.SHEETAL REAL vs. INCOME TAX OFFICER

In the result, the appeal fails and the substantial questions of law

ITA/83/2010HC Orissa08 Feb 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 260ASection 372A

deductions, had the income been shown as profits of business, but has not been claimed. Thus the CIT(A) concluded that on the overall assessment of the facts and circumstances of the case leads to the clear and inevitable conclusion that the intention of the assessee was clear in making profit from turnover and not by way of return

COMNR.OF INCOME TAX vs. NEELACHAL ISPAT NIGA

Appeals are dismissed

ITA/119/2013HC Orissa21 Feb 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 260

disallowing a claim put forth by the assessee and if that is not the correct thing, it can amount to an erroneous order. The Tribunal as well as the Commissioner of Income Tax have placed reliance on the decision of this Court in the case of CIT –vs- INFOSYS TECHNOLOGIES LTD. RENDERED ON 4TH JANUARY, 2012 IN ITA NO. 588/2006