DEPUTY COMMISSIONER OF INCOMETAX, CIRCLE -2(1), RAIPUR vs. SHRI VAIBHAV JAIN, RAIPUR

In the result, appeal of the revenue in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 221/Rpr/2019 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of Income Tax-2(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Shri Varun Jain 22-B, South Avenue, Choubey Colony, Raipur (C.G.). Pan : Aggpj1319R ……""यथ" / Respondent आयकर अपील सं. / Ita No. 222/Rpr/2019 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of Income Tax-2(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Shri Vaibhav Jain 22-B, South Avenue, Choubey Colony, Raipur (C.G.) Pan : Akbps4207Q ……""यथ" / Respondent Assessee By :Shri Amit M Jain, Ar Revenue By :Shri Sanjay Sharma, Sr. Dr

section 45(3) of the I.T. Act? 2. Whether on the facts of the case and in law, the CIT(A) was justified in deleting the capital gains of Rs.18,61,74,000/- arising out of the transfer of the capital asset to firm as capital contribution in its original value and revalued it at Rs.19,04,79,000/- immediately

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1), RAIPUR vs. SHRI RAKESH SINGH, RAIPUR

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

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.231/Rpr/2019 (ननधाारण वषा / Assessment Year :2015-2016) Acit-3(1), Raipur Vs Shri Rakesh Singh, A-4, Mahaveer Singh, Tagore Nagar, Raipur (C.G.) Pan No. : Acwps 6453 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri G.N.Singh, Sr. Dr ननधााररती की ओर से /Assessee By : None सुनिाई की तारीख / Date Of Hearing : 28/07/2022 घोषणा की तारीख/Date Of Pronouncement : 21/09/2022 आदेश / O R D E R Per Arun Khodpia, Am :

80,027/- and income from other sources at Rs.32,32,450/-. On verification of one of the reasons for selection of case for scrutiny, the AO found that during the year under consideration the assesse has sold house at Tikrapara, Raipur at Rs.3,60,00,000/- and claimed deduction u/s.54 of the Act at Rs.2,34,95,096/-. The deduction

DY. C.I.T.1(2), RAIPUR (CG) vs. M/S GODAWARI POWER & ISPAT LTD.,, RAIPUR (CG)

In the result, the appeal filed by the Revenue is partly allowed for

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2011-12 Dcit- 1(2), Godawari Power & Ispat Ltd., Raipur (Cg). Plot No.482/2, Industrial Growth Vs. Centre, Phase- 1, Siltara, Raipur (Cg).

section 80-IA (8) read with its proviso and the explanation. He considered the rate charged by the Chhattisgarh Electricity Company Limited, Raipur (the Chhattisgarh-Company) for supply of electricity to the Board and held the market value of the power to be Rs.2.25/- per unit for the AY 2004-05 and 2005-06; and Rs.2.32/- per unit

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)

80,31,900/- as profit from the sale of agricultural land and in the computation of income this amount has been claimed as the exempted income. When the assessee was asked to explain the nature of land sold along with the details of the purchaser to whom the land has been sold. Also, the assessee was requested to explain that

DY.C.I.T. 1 vs. SMT SANGEETA CHAWLA, BHILAI(CG)

In the result, appeal filed by the revenue is allowed for statistical

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2011-2012

section 50C of the Act being 50% of total cost of acquisition of Rs.3,10,,69,500/-. Since the assessee has shown Rs.10,80,400/- as short term capital gain

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-(1), RAIPUR, RAIPUR vs. SHRI BAJRANG POWER AND ISPAT LTD., RAIPUR

The appeal of the revenue is dismissed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 201/Rpr/2022 "नधा"रण वष" / Assessment Years : 2012-13 The Assistant Commissioner Of Income Tax, Circle-1(1), Raipur. .......अपीलाथ" / Appellant बनाम / V/S. Shri Bajrang Power & Ispat Limited, 00, Vill. Borjhara, Urla Guma Road, Raipur-493221. Pan : Aaccb2944D ……""यथ" / Respondent

capital subsidy, we uphold the same. Thus, Ground of appeal No.1 raised by the revenue is dismissed in terms of our aforesaid observations. (B) Disallowance of the assessee’s claim for deduction u/s.80IA of the Act : Rs.2,65,16,038/- (out of Rs.33,47,08,041/-) 11. During the course of the assessment proceedings, it was observed

RAJINDER SINGH SADANA,RAIPUR vs. INCOME TAX OFFICER, WARD-4(1), RAIPUR

The appeal of the assessee is ALLOWED FOR STATISTCAL PURPOSE in above terms

Bench: Shri Ravish Sood & Shri G. D. Padmahshaliआयकर अपीऱ सं. / Ita No. 144/Rpr/2019 निर्धारण वर्ा / Assessment Year : 2012-2013 L/H Smt Paramjeet Kaur Sadana D-102, Jainam Plannet, Mandi Rd. Raipur – 492009, Chhattisgarh . . . . . . . अपीऱधर्थी / Appellant Pan: बनाम / V/S. Asstt. Commissioner Of Income Tax, . . . . . . . . प्रत्यर्थी / Respondent Circle 4(1), Raipur. द्वारा / Appearances Assessee By :Shri Veekaas S. Sharma :Shri Choudhary N.C. Roy Revenue By सुनवाई की तारीख / Date Of Conclusive Hearing : 22/12/2022 घोषणा की तारीख / Date Of Pronouncement : 26/12/2022 आदेश / Order Per G. D. Padmahshali, Am; The Present Appeal Assailed Against The Order Of Commissioner Of Income Tax (Appeals)-Ii, Raipur [For Short “Cit(A)”] Dt. 21/03/2019 Passed U/S 250 Of The Income-Tax Act, 1961 [For Short “The Act”], Which Dove Out Of Order Of Assessment Dt. 30/01/2015 Passed U/S 143(3) By The Asstt. Commissioner Of Income Tax

gain charged to tax. The Ld. CIT(A) considering the additional evidence and the ITAT-Raipur Page 3 of 6 L/H Smt Paramjeet Kaur Sadana ITA No.144/RPR/2019 AY: 2012-13 remand report, gave partial relief, however did not find force in the claim of capital loss as same being remained unclaimed in the ITR filed nor was disclosed during

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

80,280/-. 4 Rahul Bajpai Vs. DCIT Circle-1(1), Bilaspur Subsequently, the case of the assessee was selected for “limited scrutiny” u/s.143(2) of the Act. 4. During the course of the assessment proceedings, the A.O observed that the assessee had purchased certain land for a consideration of Rs. 5 lacs, whereas, the Fair Market Value

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.)

Section 2(14) of the Act and the assessee was liable to pay capital gain tax for such transfer of properties. The omission of the A.O to enquire and assess this aspect of capital gain had caused under-assessment of income of Rs.65,68,200/- causing thereby under levy of tax, surcharge and cess of Rs.14,80

THE DY. CIT-1(1),, RAIPUR (CG) vs. RAKESH SARAOGI & SONI (HUF),, RAIPUR (CG)

Bench: Shri N.K. Billaiya & Shri Ram Lal Negi)

Capital Gains from the sale of the impugned scrips was treated as income from undisclosed sources. 11. In his statement and the related enquiries, there is nothing on record to suggest that the brokers have given accommodation entries to the assessee. Nor there is any reference to the transactions done by the assessee. The A.O. has simply presumed that

DY. C.I.T.2(1), RAIPUR (CG) vs. SHRI TARAL MODI, RAIPUR (CG)

In the result, appeal filed by the revenue is dismissed

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2006-07 Dcit- 2(1), Abhishek Atlani, Raipur (Cg). Atlani Bunglow, Khamardih Road, Vs. Shankar Nagar, Raipur (Cg).

capital gain was much more. Looking to the facts and circumstances of the case and keeping in view findings in the above referred appellate orders dt. 13.08.2013 and 23.05.2014, I am convinced that the AO was not justified in making addition of Rs.2,61,50,496/- and the same cannot be sustained. Accordingly, the addition of Rs.2

DY. C.I.T.2(1), RAIPUR (CG) vs. ABHISHEK ATLANI, RAIPUR (CG)

In the result, appeal filed by the revenue is dismissed

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2006-07 Dcit- 2(1), Abhishek Atlani, Raipur (Cg). Atlani Bunglow, Khamardih Road, Vs. Shankar Nagar, Raipur (Cg).

capital gain was much more. Looking to the facts and circumstances of the case and keeping in view findings in the above referred appellate orders dt. 13.08.2013 and 23.05.2014, I am convinced that the AO was not justified in making addition of Rs.2,61,50,496/- and the same cannot be sustained. Accordingly, the addition of Rs.2

DY. C.I.T.2(1), RAIPUR (CG) vs. SHRI SURESH ATLANI, RAIPUR (CG)

In the result, appeal filed by the revenue is dismissed

Bench: Shri R. K. Panda & Ms. Suchitra Kambleassessment Year : 2006-07 Dcit- 2(1), Abhishek Atlani, Raipur (Cg). Atlani Bunglow, Khamardih Road, Vs. Shankar Nagar, Raipur (Cg).

capital gain was much more. Looking to the facts and circumstances of the case and keeping in view findings in the above referred appellate orders dt. 13.08.2013 and 23.05.2014, I am convinced that the AO was not justified in making addition of Rs.2,61,50,496/- and the same cannot be sustained. Accordingly, the addition of Rs.2

VIVRN FOODS PVT. LTD., RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-1(2), RAIPUR, RAIPUR

In the result, appeal of the assessee is dismissed

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.364/Rpr/2025 "नधा"रण वष" / Assessment Year : 2024-25 Vivrn Foods Private Limited C/O. Rajkumar Mundra, Village-Sarona, Raipur-492 009 (C.G.) Pan: Aahcv4005G

gains derived from transfer of a capital asset on which no depreciation is allowable under the Act shall be computed at the rate of twenty-two per cent: Provided also that where the person fails to satisfy the conditions contained in sub-section (2) in any previous year, the option shall become invalid in respect of the assessment year relevant

PANCHSHEEL SOLVENT PVT. LTD., RAJANANDGAON,RAJANANDGAON vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAIPUR, RAIPUR

Appeal is allowed, partly for statistical purposes

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 110/Rpr/2024 (िनधा"रण वष" Assessment Year: 2016-17)

Section 143(3) of the Income Tax Act, dated 28.12.2018. 2 Panchsheel Solvent Pvt. Ltd., Rajnandgaon vs ACIT, Central Circle-2, Raipur 2. The grounds of appeal raised by the assessee, reads as under: 1. That the order of the Learned Commissioner (appeals) is arbitrary and illegal and against the principal of natural justice. 2. For the reason that

DY. C.I.T. 1(2), RAIPUR (CG) vs. M/S HIRA FERRO ALLOYS LTD.,, RAIPUR

In the result, appeal filed for assessment year 2010-11 is dismissed

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

gains on such reasonable basis as he may deem fit. [Explanation- For the purposes of this sub-section, "market value", in relation to any goods or services, means the price that such goods or services would ordinarily fetch in the open market ." Assessment Years : 2009-10, 2010-2011& 2011-12 7. Section 80-1A(8) provides that wherein goods

DY. C.I.T. 1(2), RAIPUR (CG) vs. M/S HIRA FERRO ALLOYS LTD.,, RAIPUR

In the result, appeal filed for assessment year 2010-11 is dismissed

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

gains on such reasonable basis as he may deem fit. [Explanation- For the purposes of this sub-section, "market value", in relation to any goods or services, means the price that such goods or services would ordinarily fetch in the open market ." Assessment Years : 2009-10, 2010-2011& 2011-12 7. Section 80-1A(8) provides that wherein goods

DY. C.I.T. 1(2), RAIPUR (CG) vs. M/S HIRA FERRO ALLOYS LTD.,, RAIPUR

In the result, appeal filed for assessment year 2010-11 is dismissed

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

gains on such reasonable basis as he may deem fit. [Explanation- For the purposes of this sub-section, "market value", in relation to any goods or services, means the price that such goods or services would ordinarily fetch in the open market ." Assessment Years : 2009-10, 2010-2011& 2011-12 7. Section 80-1A(8) provides that wherein goods

DY.C.I.T. 1(2), RAIPUR (CG) vs. M/S RISHABH INFRASTRUCTURE PVT.LTD, RAIPUR

In the result, the appeal filed by the revenue is dismissed

Bench: Sh. R.K. Panda & Ms. Suchitra Kambleassessment Year: 2011-12

gains, a capital receipt shall be outside the scope of section 4. 11. The distinction between capital and revenue is material and relevant both for taxation of income and for allowance of expenses and losses and therefore, determination of income from business or profession would necessarily include the ascertainment of the capital or the revenue nature of the receipt apart