DCIT-1(1), BHILAI, BHILAI vs. VIJAYA DESHLAHRA, INDORE

In the result, ITA No. 92/RPR/2025 & C

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

capital gains. Thus, it is apparently clear that the amount involved on trading activity at Rs. 1,81,60,782/- by the assessee in penny stock companies has escaped assessment. 6. Basis of forming reasons to believe and details of escapement of income: In view of the above facts, it is a strong case of escapement of income and hence

DCIT-1(1), BHILAI, BHILAI vs. VIJAYA DESHLAHRA, INDORE

In the result, ITA No. 92/RPR/2025 & C

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

capital gains. Thus, it is apparently clear that the amount involved on trading activity at Rs. 1,81,60,782/- by the assessee in penny stock companies has escaped assessment. 6. Basis of forming reasons to believe and details of escapement of income: In view of the above facts, it is a strong case of escapement of income and hence

DCIT-1(1), BHILAI vs. VIJAYA DESHLAHRA, INDORE

In the result, ITA No. 92/RPR/2025 & C

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpia

capital gains. Thus, it is apparently clear that the amount involved on trading activity at Rs. 1,81,60,782/- by the assessee in penny stock companies has escaped assessment. 6. Basis of forming reasons to believe and details of escapement of income: In view of the above facts, it is a strong case of escapement of income and hence

INCOME TAX OFFICER-1, RAIGARH vs. M/S SUMIT GLOBAL PVT. LTD, RAIGARH

In the result appeal of the revenue is partly allowed

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

gain. Since the holding of the company of the said land was for CO No.10/RPR/18 approximately 11-12 months i.e. less than 36 moths, therefore, profit from sale of such land is chargeable to tax in the hands of the assessee company as STCG. Since land was not used for any agricultural activities in previous two years

CHHATTISGARH SWAMI VIVEKANAND TECHNICAL UNIVERSITY,POST-NEWAI vs. ACIT (EXEMPTION), IT EXEMPTION OFFICE RAIPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 581/Rpr/2025 (िनधा"रण वष" Assessment Year: 2012-13)

gain. It is kept by the university as Government Fund. It reflects the institution's commitment to its mission and shows that the university is operating in line with its non- profit status and educational focus. Therefore the appellant is eligible for exemption u/s 10(23C)(iiiab). For claiming exemption u/s 10(23C)(iiiab) any university or other educational institution

SHRI VIJAY TONDON,RAIPUR vs. INCOME TAX OFFICER, WARD-3(1), RAIPUR

In the result, the assessee's appeal is allowed in terms of our observations above

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 93/Rpr/2022 "नधा"रण वष" / Assessment Year : 2013-14 Shri Vijay Tondon, H.No.34, Sector-1, Shankar Nagar Road, Gitanjali Nagar, Raipur-492 001 (C.G.) Pan : Abupt1550H .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-3(1), Raipur (C.G.) ……""यथ" / Respondent

section from the income from Capital gains. Therefore, I have reason to believe that the above sum of Rs.85,00,000/-, chargeable to tax, has escaped assessment for A.Y 2013-14 by reason of the failure on the part of assessee to disclose fully and truly all material facts necessary for its assessment for AY 2013-14. Raipur (Amrit Kumar

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI SHARAD GOEL, RAIPUR

In the result appeal of the revenue stands dismissed, in terms of our observations herein above

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

capital gain thereby completely ignoring the provisions as per section 45(3) of the IT act, 1961?" 2. "Whether on points of law and on facts & circumstances of the case, the Id. CIT(A) was justified in deleting the addition of Rs. Rs. 5,77,59,138/-, thereby not considering and not distinguishing the findings of the AO which

MADHU GOYAL, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-2(1), RAIPUR, RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.496/Rpr/2024 "नधा"रण वष" /Assessment Year : 2014-15 Smt. Madhu Goyal D-36, Wallfort City, Bhatagaon, Raipur-492 001 (C.G) Pan: Aeypg1038E .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(1), Raipur (C.G.) ……""यथ" / Respondent

Section 147/148 of the Act has not arrived at requisite satisfaction. Rather, there was no satisfaction at all in his mind and applicability so to form the “reasons to believe” that any income or part of income has escaped assessment. In this regard, the Ld. Counsel has demonstrated through the “reasons to believe” that the A.O has mentioned at Para

SUNITHA NAIR, PALAKKAD,PALAKKAD vs. INCOME TAX OFFICER, WARD-3(1), RAIPUR, RAIPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.125/Rpr/2024 "नधा"रण वष" /Assessment Year : 2011-12

section 2(14) of the Act. The A.O also observed that since no details in respect of purchase of the subject property were available, therefore, no deduction for cost of acquisition was allowed. Accordingly, the A.O calculated the Long Term Capital Gain (LTCG) as under: “Sale Consideration : Rs.45,00,000/- Assessee’s share of sale consideration : Rs.22,50,000/- Indexed

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1), RAIPUR vs. HI-TECH ABRASIVE PRIVATE LIMITED, RAIPUR

In the result, cross objection filed by the assessee is dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.142/Rpr/2018 (Assessment Year: 2014-2015) Acit, Circle-2(1), Raipur Vs Hi-Tech Abrasive Pvt. Ltd. 740, Sector-B, Urla Industrial Area, Raipur Pan No. :Aaach 5950 M & Cross Objection No.14/Rpr/2018 (Arising Out Of Ita No.142/Rpr/2018) (Assessment Year: 2014-2015) Hi-Tech Abrasive Pvt. Ltd. Vs Acit, Circle-2(1), Raipur 740, Sector-B, Urla Industrial Area, Raipur Pan No. :Aaach 5950 M (अपीलाथ" /Appellant) .. (""यथ" / Respondent) िनधा"रती क" ओर से /Assessee By : Shri R. B. Doshi, Ca राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 14/07/2023 घोषणा क" तार"ख/Date Of Pronouncement : 19/07/2023

capital gain, the claim is not allowable. The learned AO drew our attention to pages 6 & 7 of the order of learned CIT(A), wherein, at para 3.2, assessee’s submissions were extracted, the same are reproduced hereunder for the sake of clarity: i) Appellant was in the process of hiving off one of its production division (ingot mould division

RAHUL BAJPAI,IDGAH CHOWK vs. ACIT CIRCLE 1(1), SHRI RAM PLAZA

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.348/Rpr/2023 "नधा"रण वष" / Assessment Year: 2014-15 Rahul Bajpai Idgah Chowk, Bilaspur Chhattisgarh-495 001 Pan: Aexpb4410L .......अपीलाथ" / Appellant बनाम / V/S.

capital gain. The Hon'ble Supreme Court in the case CIT (Central), Kolkata vs Associated Industrial Development Company (P) Ltd.(82 ITR 586) observed that whether a particular holding of shares is by way investment or forms stock-in-trade, is a matter within the knowledge of the assessee, when he holds the shares and it should, in normal circumstances

GREENONE CONSTRUCTION AND DEVELOPMENT PVT. LTD.,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR

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

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No. 56/Rpr/2022 "नधा"रण वष" / Assessment Year : 2017-18 Greenone Construction & Development Private Limited C21/22, 1St Floor Shyam Market, Pandri, Raipur (C.G.)-492 004 Pan : Aafcg5846C .......अपीलाथ" / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax, Raipur-1(C.G.) ……""यथ" / Respondent

section 10(37) r.w. RECTLARR Act, 2013, therefore, there was no basis for the Pr. CIT to have held the order passed by the A.O u/s.143(3) dated 15.11.2019 as erroneous on the ground that he had wrongly allowed the assessee’s claim for exemption of capital gain under RECTLARR Act, 2013. 7. Per contra, the Ld. Departmental Representative

MAYA DEVI AGRAWAL, RAIPUR,RAIPUR vs. INCOME TAX OFFICER-1(3), RAIPUR, RAIPUR

In the result, the assessee's appeal is allowed in terms of my observations above

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 193/Rpr/2023 "नधा"रण वष" / Assessment Year : 2008-09 Maya Devi Agrawal Near Dena Bank, Dupan Para Kharora, Raipur (C.G.)-493 225 Pan : Acipa5876A .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(3), Raipur (C.G.) ……""यथ" / Respondent

Capital Gains Rs.2,21,602//- 11. Based on the aforesaid factual position, it transpires that the transaction of sale of property under consideration a/w. complete details of the cost of acquisition and improvement had not only been disclosed by the assessee in her return of income but the same had also been considered by the A.O. while framing the original

RAHUL BAJPAI,IDGAH CHOWK vs. DCIT CIRCLE 1(1), SHRI RAM PLAZA

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.345/Rpr/2023 "नधा"रण वष" / Assessment Year : 2015-16 Rahul Bajpai Idgah Chowk, Bilaspur Chhattisgarh-495 001 Pan: Aexpb4410L .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1(1), Bilaspur (C.G.) ……""यथ" / Respondent

capital gain of Rs.3,90,94,919/- arising out sale agricultural land under section 54B of the Act because the appellant failed to prove the land in question was used for agricultural purpose preceding two years immediately before transfer. 5.9 Both the AO and the appellant reproduced the Section 54B of the Act, which requires following two conditions

GHANSHYAM LAL, BILASPUR,BILASPUR vs. PR. COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR, RAIPUR

In the result, appeal of the assessee is dismissed

Bench: Shri R.K Panda & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.241/Rpr/2025 "नधा"रण वष" / Assessment Year : 2021-22 Ghanshyam Lal Ward No.06, Chhatauna Bilaspur (C.G.)-495 222 Pan: Ajupl0084A ........अपीलाथ" / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax, Raipur-1 (C.G.)

capital gain pertained to the sale transaction conducted by the assessee. That going through the entire assessment order, it is clear that such assessment has been done in a 7 Ghanshyam Lal Vs. Pr. CIT, Raipur-1 summary manner accepting the return income as well as the reply of the assessee. That on plain reading of Section

SHRIKANT SOMAWAR, RAIGARH,RAIGARH vs. INCOME TAX OFFICER-1, RAIGARH, RAIGARH

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

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.589/Rpr/2025 "नधा"रण वष" / Assessment Year : 2014-15 Shrikant Somawar Prop. Raigarh Gas Service, Gouri Shankar Mandir Road, Raigarh (C.G.)-496 001 Pan: Ajfps7436J ........अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1, Raigarh (C.G.) ……""यथ" / Respondent

capital gains and made addition accordingly, whether this non- reference to the DVO can be called as fatal so to nullify the assessment itself? 10. To our understanding, answer is negative. This is so because, the A.O as quasi-judicial authority is duty bound to follow the prescribed procedure as per law and then arrive at a particular conclusion. When

INCOME TAX OFFICER, RAIPUR vs. RAHUL KATHURIA, RAIPUR

In the result, appeal of the Revenue in ITA No

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.151 & 152/Rpr/2025 "नधा"रण वष" / Assessment Years : 2018-19 & 2019-20 The Income Tax Officer/Income Tax Officer-3(1) Raipur (C.G.)

gain of Rs.602532/-, short term capital loss of Rs.556736/- and intraday profit of Rs.46804/-. thus, in total the assessee has earned only 92600/- on which taxes were also paid. It clearly shows, that the assessee was not benefitted by the alleged price rigging done by Naresh J with an intent to bring his unaccounted income into their books of account

INCOME TAX OFFICER-3(1), RAIPUR, RAIPUR vs. RAHUL KATHURIA, RAIPUR

In the result, appeal of the Revenue in ITA No

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.151 & 152/Rpr/2025 "नधा"रण वष" / Assessment Years : 2018-19 & 2019-20 The Income Tax Officer/Income Tax Officer-3(1) Raipur (C.G.)

gain of Rs.602532/-, short term capital loss of Rs.556736/- and intraday profit of Rs.46804/-. thus, in total the assessee has earned only 92600/- on which taxes were also paid. It clearly shows, that the assessee was not benefitted by the alleged price rigging done by Naresh J with an intent to bring his unaccounted income into their books of account

M/S RAIPUR REALITY PVT. LTD.,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR

In the result, the assessee's appeal in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain on the transfer of the lands, therefore, the same had rendered his A.Y.2017-18 order as erroneous in so far as it was prejudicial to the interest of the revenue u/s.263 of the Act for the following reasons: “1. Section 10 (37) is not applicable in case of the company assessee as it applies to individual and HUF only