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 gain under section 50C is not justified on the basis of the fact that the property 4 Shrikant Somawar Vs. ITO-1, Raigarh (C.G.) is limited to restricted sale/purchase transactions because the assessee belong to scheduled tribe, hence affecting the market value of the property considerable. The contention of the assessee is not acceptable due to the fact that

MAHESH SHRIVASTAVA, RAIPUR,RAIPUR vs. ITO-3(1),RAIPUR, RAIPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 702/Rpr/2025 (िनधा"रण वष" Assessment Year: 2008-09) Vs Mahesh Shrivastava, Income Tax Officer-3(1), House No. 6, Phase-Ii, Office Of The Income Tax Office, Harsh Vihar Colony, Daldalshivni Central Revenue Building Civil Road, Mowa, Raipur-492007, C.G. Lines, Raipur-492001, C.G. Pan: Bqfps6242G .. (अपीलाथ"/Appellant) (""थ" / Respondent) : Shri Veekaas S Sharma, Ca िनधा"रती की ओर से / Assessee By : Dr. Priyanka Patel, Sr. Dr राज" की ओर से / Revenue By : 05.01.2026 सुनवाई की तारीख / Date Of Hearing 05.02.2026 घोषणा की तारीख / Date Of : Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: This Appeal For Assessment Year (‘Ay’) 2008-09 Filed By The Assessee Is Directed Against The Order Dated 30.09.2025 Of Commissioner Of Income Tax (Appeals), Nfac, Delhi [‘Cit(A)’].

2. The assessee has raised following grounds of appeal: - 1. “On the facts and in the circumstances of the case, the Learned A.O has erred on facts and in law in making addition of Rs.74,46,583/- on account of Long Term Capital Gain by invoking Section 50C

RAM BHUVAN YADAV, RAIPUR,RAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-2(1), RAIPUR, RAIPUR

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.325/Rpr/2025 "नधा"रण वष" /Assessment Year : 2013-14 Shri Ram Bhuvan Yadav Villa No.Cb-3, Romanceque, G.E. Road, Labhandih, Raipur-492 001 (C.G.) Pan: Abbpy6681R .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax-2(1), Raipur (C.G.) ……""यथ" / Respondent

2. The brief facts in this case are that the assessee had sold his property for Rs.42,00,000/- whereas market value of the said property was Rs.60,75,000/- and while calculating the capital gain on the sale of the property, the assessee had taken sale consideration at Rs.42,00,000/- . As per Section 50C

DEPUTY COMMISSIONER OF INCOME TAX-1(1), BHILAI, DURG vs. NITIN GUPTA, BHILAI, DURG

In the result, appeal of the revenue is dismissed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 95/Rpr/2023 "नधा"रण वष" / Assessment Year : 2015-16 The Deputy Commissioner Of Income Tax-1(1), Bhilai (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Nitin Gupta 55, Motilal Nehru Nagar, Bhilai (C.G.)-490 006 Pan : Ahlpg5270A ……""यथ" / Respondent

section 50C of the I.T Act? 2. Any other ground which may be adduced at the time of hearing.” 2. Succinctly stated the assessee had filed his return of income for A.Y.2015-16 on 22.08.2015, declaring an income of Rs.82,84,786/-. Original assessment was framed by the A.O vide his order passed u/s.143(3) of the Act dated 11.12.2017 determining

SANJOG JHABAK L/H OF LATE GAUTAM CHAND JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain (LTCG) of Rs.6,98,15,050/- on the said sale transaction was worked out in his hands. The assessee had against the aforementioned amount of 7 Sanket Jhabak & Others Vs. Pr. CIT-1, Raipur ITA No.478 & 479/RPR/2024 ITA Nos. 233 to 237/RPR/2024 LTCG, claimed deductions aggregating to Rs.5,61,15,943/-, viz. (i) U/s.54B of the Act: Rs.4

SANJOG JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain (LTCG) of Rs.6,98,15,050/- on the said sale transaction was worked out in his hands. The assessee had against the aforementioned amount of 7 Sanket Jhabak & Others Vs. Pr. CIT-1, Raipur ITA No.478 & 479/RPR/2024 ITA Nos. 233 to 237/RPR/2024 LTCG, claimed deductions aggregating to Rs.5,61,15,943/-, viz. (i) U/s.54B of the Act: Rs.4

SMT. TILOTTAMA JHABAK, RAIPUR,RAIPUR vs. PCIT-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain (LTCG) of Rs.6,98,15,050/- on the said sale transaction was worked out in his hands. The assessee had against the aforementioned amount of 7 Sanket Jhabak & Others Vs. Pr. CIT-1, Raipur ITA No.478 & 479/RPR/2024 ITA Nos. 233 to 237/RPR/2024 LTCG, claimed deductions aggregating to Rs.5,61,15,943/-, viz. (i) U/s.54B of the Act: Rs.4

SMT. PUSHPA JHABAK, RAIPUR,RAIPUR vs. PCIT-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain (LTCG) of Rs.6,98,15,050/- on the said sale transaction was worked out in his hands. The assessee had against the aforementioned amount of 7 Sanket Jhabak & Others Vs. Pr. CIT-1, Raipur ITA No.478 & 479/RPR/2024 ITA Nos. 233 to 237/RPR/2024 LTCG, claimed deductions aggregating to Rs.5,61,15,943/-, viz. (i) U/s.54B of the Act: Rs.4

SAMPAT LAL JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain (LTCG) of Rs.6,98,15,050/- on the said sale transaction was worked out in his hands. The assessee had against the aforementioned amount of 7 Sanket Jhabak & Others Vs. Pr. CIT-1, Raipur ITA No.478 & 479/RPR/2024 ITA Nos. 233 to 237/RPR/2024 LTCG, claimed deductions aggregating to Rs.5,61,15,943/-, viz. (i) U/s.54B of the Act: Rs.4

SANKET JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain (LTCG) of Rs.6,98,15,050/- on the said sale transaction was worked out in his hands. The assessee had against the aforementioned amount of 7 Sanket Jhabak & Others Vs. Pr. CIT-1, Raipur ITA No.478 & 479/RPR/2024 ITA Nos. 233 to 237/RPR/2024 LTCG, claimed deductions aggregating to Rs.5,61,15,943/-, viz. (i) U/s.54B of the Act: Rs.4

SMT. SUSHILA DEVI JHABAK, RAIPUR,RAIPUR vs. PCIT-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

capital gain (LTCG) of Rs.6,98,15,050/- on the said sale transaction was worked out in his hands. The assessee had against the aforementioned amount of 7 Sanket Jhabak & Others Vs. Pr. CIT-1, Raipur ITA No.478 & 479/RPR/2024 ITA Nos. 233 to 237/RPR/2024 LTCG, claimed deductions aggregating to Rs.5,61,15,943/-, viz. (i) U/s.54B of the Act: Rs.4

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE)-1, RAIPUR vs. M/S. MAHAVIR INFRACON PVT. LTD., RAJNANDGAON

In the result, appeal filed by the revenue being devoid and bereft of any merit is dismissed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No. 92/Rpr/2021 "नधा"रण वष" / Assessment Year : 2017-18

capital asset), being land or building or both, is less than the value adopted or assessed or assessable by any authority of a State Government for the purpose of payment of stamp duty in respect of such transfer, the value so adopted or assessed or assessable shall, for the purposes of computing profits and gains from transfer of such asset

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1), RAIPUR vs. VIJAYSHREE FATS & OIL PRODUCTS PRIVATE LIMITED , RAIPUR

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No.49/Rpr/2018 Co No.02/Rpr/2018 "नधा"रण वष" / Assessment Year : 2013-14 The Assistant Commissioner Of Income Tax, Circle-2(1), Raipur (C.G.) ........अपीलाथ" / Appellant बनाम / V/S. Vijayshree Fats & Oil Products Pvt. Ltd. Jawahar Nagar, Raipur (C.G.) Pan : Aabcv2584Q ……""यथ" / Respondent

capital gain on sale of property?" 2. "Whether on points of law and on facts & circumstances of the case, the Ld. CIT(A) has erred in ignoring the ratio of the decision of the Hon'ble Supreme Court in the case of CIT Vs Artex Manufacturing Co. [227 ITR 260(SC)] wherein it has been held that the possibility

YOGESH KUMAR VERMA, RAIPUR,RAIPUR vs. ITO, WARD-4(5), RAIPUR, RAIPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 305/Rpr/2025 (िनधा"रण वष" Assessment Year: 2014-15)

section 250 of the Income Tax Act, 1961 (in short “the Act”), dated 28.03.2024, for the Assessment Year 2014-15, which in turn arises from the assessment order u/s 147 r.w.s. 143(3) of the Act, dated 30.12.2018, passed by Income Tax Officer-4(5), Raipur (in short “Ld. AR”). 2 Yogesh Kumar Verma vs. ITO-4(5), Raipur 2

SHUBHRA KAUSHIK, BILASPUR,BILASPUR vs. ITO, WARD 1(2), BILASPUR, BILASPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 563/Rpr/2025 (िनधा"रण वष" Assessment Year: 2011-12)

Gain on sale of agriculture land situated at Gram Mopka which is outside the limits of municipality and do not come under the definition of Sec 2(14) as Capital Asset. 4. That the Ld. Assessing officer has erred in making the addition of Rs.26,34,500/- by applying the provision of section 50C