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6 results for “disallowance”+ Section 10(4)(ii)clear

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Key Topics

Section 143(3)3Depreciation3Section 142(1)2Section 1482

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

disallowed the deduction claimed under Section 80P of the Act. Further, the Assessing Officer concludes that the assessee earned income from interest on deposits from members and deposits made in scheduled Banks from trading commodities and interest from call money depositors. In view of the view taken by the Assessing Officer, the said income has been treated as income from

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

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

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

Section 14A of the Act. It was pointed out that the said conclusion is reached because nexus has not been established between expenditure disallowed and earning of exempt income. The revenue failed to substantiate their argument that the assessee was required to maintain separate accounts and that the revenue has failed ITA/83/2010 REPORTABLE Page 50 of 60 to refer

INDUSTRIAL INCUBATOR vs. DY.COMMNR.OF I.T.

ITA/179/2004HC Orissa10 Nov 2021

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE ADITYA KUMAR MOHAPATRA

Section 142(1)Section 143(3)Section 148

II. Whether in the facts and circumstances of the case the Tribunal was legally correct to hold the ITA Nos.179 and 180 of 2004 Page 2 of 6 rate of depreciation on machinery and equipments etc. @ 25% instead of 100% claimed as per the statute being on the case pollution control equipments used aqua culture purposes for providing healthy growth

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

II Phase, Peenya Industrial Area, Bangalore-560 058. Represented by Mr. Laxminarayan Gaur, Director. … APPELLANT (By Sri. Nageswar Rao, for PDS Legal, Advocate) AND: The Commissioner of Income-Tax (Bangalore-I), Central Revenue Buildings, Queen’s Road, Bangalore-560 001. …RESPONDENT (By Sri. K.V. Aravind, Standing Counsel) … These appeals are filed under Section 260-A of I.T. Act, 1961 praying

COMMISSIONER OF INCOME TAX vs. M/S.NEELACHAL ISPAT NIGAM LTD.

In the result, this Income Tax Appeal is allowed, setting

ITA/11/2018HC Orissa16 Mar 2022

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

Section 143(3)

Section 143(3) of the Income Tax Act. 3. The appellant filed appeal before the Commissioner of Income Tax Appeals. 4. The first appellate authority, after a detailed discussion of the relevant provisions, as well as the ITA NO. 11 OF 2018 -4- adjustment of various Rules and Tribunals, allowed the Appeal in part. 5. As per the said order

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

Section 43(6)Section 89

II, Kolkata Vs. M/s. Birla Corporation Limited). Following the aforesaid judgment, the substantial question of law no.1, as afore-quoted, is answered in favour of the revenue and against the assessee. The present appeal of the revenue stands allowed in respect of the substantial question of law no.1 and to that extent the impugned order of the Tribunal dated