BLOCK RESOURCES COORDINATOR RAJIV GANDHI SIKSHA MISSION,PATAN vs. INCOME TAX OFFICER, TDS, BHILAI

In the result, grounds raised in all these three appeals are partly allowed for statistical purposes

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.33, 34 & 35/Rpr/2020 िनधा"रण वष" /Assessment Years: 2011-12 & 2012-13 V. Block Resources Coordinator Ito (Tds) Rajiv Gandhi Siksha Mission, Block Bhilai Patan, Bathena Road, Patan Dist. Durg – 491 111 Chhattisgarh

deduct TDS under its TAN as they have centralized system of deducting TDS, and Learned CIT(A) is not justified

BLOCK RESOURCES CENTRE RAJIV GSANDHI SIKSHA MISSION,DHAMDHA vs. INCOME TAX OFFICER, TDS, BHILAI

In the result, grounds raised in all these three appeals are partly allowed for statistical purposes

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.33, 34 & 35/Rpr/2020 िनधा"रण वष" /Assessment Years: 2011-12 & 2012-13 V. Block Resources Coordinator Ito (Tds) Rajiv Gandhi Siksha Mission, Block Bhilai Patan, Bathena Road, Patan Dist. Durg – 491 111 Chhattisgarh

deduct TDS under its TAN as they have centralized system of deducting TDS, and Learned CIT(A) is not justified

M/S. RAVI SHREE NARAYAN TRANSPORT,BHILAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (TDS), RAIPUR

Bench: Hon’Ble Shri Ravish Sood & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 105 To 107/Rpr/2020 निर्धारण वर्ा / Assessment Year : 2007-08 To 2009-10 M/S Ravi Shree Narayan Transport Acc Main Gate, Jamul Square, Jamul, Bhilai.(C.G.)Pan : Ashfr7461F . . . . . . . अपीऱधर्थी / Appellant बनाम / V/S. Asstt. Commissioner Of Income Tax, . . . . . . . प्रत्यर्थी / Respondent Tds, Raipur (C.G.) द्वारा / Appearances Assessee By : Shri S. R. Rao Revenue By : Shri G. N. Singh सुनवाई की तारीख / Date Of Conclusive Hearing : 22/11/2022 घोषणा की तारीख / Date Of Pronouncement : 26/12/2022 आदेश / Order Per G. D. Padmahshali, Am The Present Bunch Of Appeals Is Challenged Against The Consolidated Order Of Commissioner Of Income Tax (Appeals)-Ii, Raipur [For Short “Cit(A)”] Passed U/S 250 Of Income-Tax Act, 1961 [For Short “The Act”], Which Turned Out Of Consolidated Order Passed U/S 201(1) & 201(1A) Of The Act, By The Asstt. Commissioner Of Income Tax(Tds), Raipur [For Short “Ao”], For Three Assessment Years [For Short “Ay”] 2006-07 To 2008-09. Itat-Raipur Page 1 Of 14

deducting tax (TDS), or in not paying the tax (TDS) or in deducting but not depositing or short deduction or short

M/S. RAVI SHREE NARAYAN TRANSPORT,BHILAI vs. ASSISTANT COMMISSIONER OF INCOME TAX(TDS), RAIPUR

Bench: Hon’Ble Shri Ravish Sood & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 105 To 107/Rpr/2020 निर्धारण वर्ा / Assessment Year : 2007-08 To 2009-10 M/S Ravi Shree Narayan Transport Acc Main Gate, Jamul Square, Jamul, Bhilai.(C.G.)Pan : Ashfr7461F . . . . . . . अपीऱधर्थी / Appellant बनाम / V/S. Asstt. Commissioner Of Income Tax, . . . . . . . प्रत्यर्थी / Respondent Tds, Raipur (C.G.) द्वारा / Appearances Assessee By : Shri S. R. Rao Revenue By : Shri G. N. Singh सुनवाई की तारीख / Date Of Conclusive Hearing : 22/11/2022 घोषणा की तारीख / Date Of Pronouncement : 26/12/2022 आदेश / Order Per G. D. Padmahshali, Am The Present Bunch Of Appeals Is Challenged Against The Consolidated Order Of Commissioner Of Income Tax (Appeals)-Ii, Raipur [For Short “Cit(A)”] Passed U/S 250 Of Income-Tax Act, 1961 [For Short “The Act”], Which Turned Out Of Consolidated Order Passed U/S 201(1) & 201(1A) Of The Act, By The Asstt. Commissioner Of Income Tax(Tds), Raipur [For Short “Ao”], For Three Assessment Years [For Short “Ay”] 2006-07 To 2008-09. Itat-Raipur Page 1 Of 14

deducting tax (TDS), or in not paying the tax (TDS) or in deducting but not depositing or short deduction or short

M/S. RAVI SHREE NARAYAN TRANSPORT,BHILAI vs. ASSISTANT COMMISSIONER OF INCOME TAX (TDS), RAIPUR

Bench: Hon’Ble Shri Ravish Sood & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 105 To 107/Rpr/2020 निर्धारण वर्ा / Assessment Year : 2007-08 To 2009-10 M/S Ravi Shree Narayan Transport Acc Main Gate, Jamul Square, Jamul, Bhilai.(C.G.)Pan : Ashfr7461F . . . . . . . अपीऱधर्थी / Appellant बनाम / V/S. Asstt. Commissioner Of Income Tax, . . . . . . . प्रत्यर्थी / Respondent Tds, Raipur (C.G.) द्वारा / Appearances Assessee By : Shri S. R. Rao Revenue By : Shri G. N. Singh सुनवाई की तारीख / Date Of Conclusive Hearing : 22/11/2022 घोषणा की तारीख / Date Of Pronouncement : 26/12/2022 आदेश / Order Per G. D. Padmahshali, Am The Present Bunch Of Appeals Is Challenged Against The Consolidated Order Of Commissioner Of Income Tax (Appeals)-Ii, Raipur [For Short “Cit(A)”] Passed U/S 250 Of Income-Tax Act, 1961 [For Short “The Act”], Which Turned Out Of Consolidated Order Passed U/S 201(1) & 201(1A) Of The Act, By The Asstt. Commissioner Of Income Tax(Tds), Raipur [For Short “Ao”], For Three Assessment Years [For Short “Ay”] 2006-07 To 2008-09. Itat-Raipur Page 1 Of 14

deducting tax (TDS), or in not paying the tax (TDS) or in deducting but not depositing or short deduction or short

M/S BHARAT AGRO INDUSTRIES, ,RAIPUR vs. INCOME TAX OFFICER, WARD 1(3), RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri N. K. Choudhryआयकर अपील सं./I.T.A. No. 263/Rpr/2017) ("नधा"रण वष" / Assessment Year : 2012-13) बनाम/ M/S. Bharat Agro Income Tax Officer, Ward 1(3), Raipur Industries Vs. Near Bajrang Power, Rajiv Gandhi Ward, Urla Sarora Road, Urla Industrial Area, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aahfb8665M (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

deducting TDS, it is the case of the assessee that the allegation made for non-deduction of TDS is untrue

PRIYESH SINGHANIA, RAIPUR,RAIPUR vs. DCIT, CIRCLE-1(1), RAIPUR, RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshaliआयकर अपील सं. / Ita No.462/Rpr/2025 "नधा"रण वष" / Assessment Year : 2017-18 Priyesh Singhania 730/1, Radha Kunj, Opposite Vip Guest House, Pahuna, Shankar Nagar Main Road, Raipur (C.G.)-492 001 Pan: Aoups7838A ........अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Circle-1(1), Raipur (C.G.) ……""यथ" / Respondent

TDS should only be deducted where expressly mandated by law. The wrongful deduction of TDS on exempt maturity proceeds by the insurance

MITESH SINGHANIA,RAIPUR vs. INCOME TAX OFFICER WARD 1(2) RAIPUR, CENTRAL REVENUE BUILDING, RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.410/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Mitesh Singhania Singhania Bhawan, Subhas Road, Near Telghani Naka, Raipur (C.G.)-492 001 Pan: Avops1474P .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-1(2), Raipur (C.G) ……""यथ" / Respondent

TDS should only be deducted where expressly mandated by law. The wrongful deduction of TDS on exempt maturity proceeds by the insurance

HE DISTRICT MARKETING OFFICER, CHHATTISGARH,RAIPUR vs. THE INCOME TAX OFFICER, TDS, RAIPUR (CG)

In the result, the appeal of assessee is partly allowed

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.291/Rpr/2016 िनधा"रणवष" / Assessment Year : 2013-14 District Marketing Officer, The Ito (Tds), Chhattisgarh State Co-Operative Vs Raipur (Cg). Marketing Federation Limited, Near Hotel Atithi, Near Railway Station, Jagdalpur (Cg). Tan: Jbpc0191B Appellant/Assessee Respondent / Revenue Applicant By Shri Nikhilesh Beghani Respondent By Shri G.N. Singh Date Of Hearing 03/11/2022 Date Of Pronouncement 19/12/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-I, Raipur, Dated 01.03.2016For Assessment Year 2013-14Emanating From The Order Of Ito (Tds) U/S 201(1) & 201(1A) Of The Income-Tax Act, 1961 (Hereinafter Also Called As ‘The Act’)Dated 18.03.2014. The Assessee Has Raised The Following Ground Of Appeal: “Ground No.I That The Ex-Parte Appellate Order Passed By The Learned Commissioner Of Income Tax (Appeals) ("The Ld.Cit(A)") Is Highly Unjustified, Bad In Law, Without Providing Reasonable Opportunity Of Being Heard & Not In Accordance With The Provisions Of Law. It Is

TDS was deductible on the said payments. The assessee has deducted TDS only after the survey conducted by the Department

SHRI SHRI SUSHIL KUMAR AGRAWAL, KORBA,KORBA(CG) vs. THE JOINT COMMISSIONER OF INCOME TAX,RANGE KORBA, KORBA(CG)

In the result, appeal of the assesee in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 93 & 94/Rpr/2017 "नधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., T.P Nagar, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ"/Appellant बनाम / V/S. The Joint Commissioner Of Income Tax, Korba (C.G.) ……""यथ" / Respondent

deduction for the TDS amount in the previous year in which the tax was deducted and who could claim benefit

SHRI SHRI SUSHIL KUMAR AGRAWAL, KORBA,KORBA(CG) vs. THE JOINT COMMISSIONER OF INCOME TAX,RANGE KORBA, KORBA(CG)

In the result, appeal of the assesee in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 93 & 94/Rpr/2017 "नधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., T.P Nagar, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ"/Appellant बनाम / V/S. The Joint Commissioner Of Income Tax, Korba (C.G.) ……""यथ" / Respondent

deduction for the TDS amount in the previous year in which the tax was deducted and who could claim benefit

BARBRIK DEE VEE JV, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-3(1), RAIPUR, RAIPUR

In the result, appeal of the assessee is allowed in terms of the aforesaid observations

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 313/Rpr/2023 "नधा"रण वष" / Assessment Year : 2018-19 Barbarik Dee Vee Jv A-24, Ashoka Millenium, Ring Road No.1, Rajendra Nagar, Raipur (C.G.)-492 001 Pan : Aacab7461R .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(1), Raipur (C.G.) ……""यथ" / Respondent

deduct or pay the TDS, as prescribed under the provisions of the Act, cannot be allowed as deduction. 20. In view

DY.C.I.T. 1 vs. SHRI SANDEEP SURENDRAN NAIR, BHILAI(CG)

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

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury,Jm आयकर अपीऱ सं. / Ita No.222& 318/Rpr/2014 नििाारण वषा / Assessment Year : 2010-11& 2011-12

deduct TDS on the payment of interest u/s. 194A of the Act, which the assessee had failed to deduct. The Assessing

DY.C.I.T. 1, BHILAI(CG) vs. SHRI SANDEEP SURENDRAN NAIR, BHILAI(CG)

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

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury,Jm आयकर अपीऱ सं. / Ita No.222& 318/Rpr/2014 नििाारण वषा / Assessment Year : 2010-11& 2011-12

deduct TDS on the payment of interest u/s. 194A of the Act, which the assessee had failed to deduct. The Assessing

SUSHIL KUMAR AGRAWAL,KORBA vs. DEPUTY COMMMISSIONER OF INCOME TAX, CIRCLE, KORBA, KORBA

In the result, appeal of the assessee is partly allowed for statistical purposes in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita No.148/Rpr/2018 "नधा"रण वष" / Assessment Year : 2012-13 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., Darri Road, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax Circle-Korba (C.G.) ……""यथ" / Respondent

deduction for the TDS amount in the previous year in which the tax was deducted and who could claim benefit

SOUTH EASTERN COALFIELDS LIMITED,BILASPUR vs. DCIT(TDS),RAIPUR, RAIPUR

Appeals stands PARTLY ALLOWED FOR STATISTICAL PURPOSES in aforestated terms

Bench: Hon’Ble Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshali

deduction 37(1) of the Act without making TDS deduction therefrom. 4.3 In order to verify applicability of TDS provisions

SOUTH EASTERN COALFIELDS LIMITED,BILASPUR vs. DCIT(TDS),RAIPUR, RAIPUR

Appeals stands PARTLY ALLOWED FOR STATISTICAL PURPOSES in aforestated terms

Bench: Hon’Ble Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshali

deduction 37(1) of the Act without making TDS deduction therefrom. 4.3 In order to verify applicability of TDS provisions

SOUTH EASTERN COALFIELDS LIMITED,BILASPUR vs. DCIT(TDS),RAIPUR, RAIPUR

Appeals stands PARTLY ALLOWED FOR STATISTICAL PURPOSES in aforestated terms

Bench: Hon’Ble Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshali

deduction 37(1) of the Act without making TDS deduction therefrom. 4.3 In order to verify applicability of TDS provisions

DEPUTY COMMISSIONER OF INCOME TAX (TDS), RAIPUR, RAIPUR vs. SOUTH EASTERN COALFIELDS LIMITED (TAN- JBPS02076E), RAIGARH

Appeals stands PARTLY ALLOWED FOR STATISTICAL PURPOSES in aforestated terms

Bench: Hon’Ble Shri Partha Sarathi Chaudhury & Shri G. D. Padmahshali

deduction 37(1) of the Act without making TDS deduction therefrom. 4.3 In order to verify applicability of TDS provisions