RAJU JHANGHEL, RAIPUR,RAIPUR vs. INCOME TAX OFFICER-1(2), RAIPUR, RAIPUR

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

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am आयकर अपील सं. / Ita No: 445 & 446/Rpr/2025 (िनधा"रण वष" Assessment Years: 2014-15 & 2015-16) Raju Janghel, C/E Beside Trivenia Vs Income Tax Officer-1(2), Office Of Houshal Pan Thela, Gudhiyari, Ito-1(2), Cr Building, Civil Lines, Raipur, Chhattisgarh, 492001. Raipur, Chhattisgarh, 492001 Pan: Agrpj0572D (अपीलाथ"/Appellant) (""थ" / Respondent) : िनधा"रती की ओर से / Assessee By : Shri Sunil Kumar Agrawal, Ca राज" की ओर से / Revenue By : Shri Yogesh Kumar Sharma, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 03.02.2026 घोषणा की तारीख / Date Of : 05.02.2026 Pronouncement आदेश / O R D E R Per Avdhesh Kumar Mishra, Am: Common Facts & Similar Grounds Arise In The Above Captioned Appeals Of The Assessee; Therefore, These Appeals Were Heard Together & Are Being Disposed Off By This Common Order.

condone the delay in filing this appeal as we are satisfied that there is sufficient cause for not presenting this appeal within the prescribed time. 11. The Ld. AR drew our attention to the grounds of appeal taken before the Ld. CIT(A) as per Form No. 35, wherein, the addition had been challenged. He prayed for remanding back

RAKESH KUMAR, BHILAI,DURG vs. INCOME TAX OFFICER, WARD-2(1), BHILAI,, DURG

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 140/Rpr/2025 (िनधा"रण वष" Assessment Year: 2014-15)

delay in filing of appeal before the Ld. CIT(A) for 346 days deserves to be condoned and the matter should be adjudicated afresh based on merits of the case and facts available on record. 11. Our aforesaid view is duly supported by the Judgment of Hon’ble Mumbai High Court in the case of CIT vs. Premkumar Arjundas Luthra

GURMEET SINGH HORA,RAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR, RAIPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 358, 359 & 360/Rpr/2025 (िनधा"रण वष" Assessment Year: 2019-20, 2020-21 & 2021-22)

delay of 1647 days deserves to be condoned, and the matter needs to be adjudicated on its merits. Gurmeet Singh Hora vs. Deputy Commissioner of Income Tax-1(1) 14. Apropos, the obligations on the Ld. CIT(A) to dispose of the matter on merits, our view is supported by the judgment of Hon’ble Mumbai High Court

GURMEET SINGH HORA,RAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR, RAIPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 358, 359 & 360/Rpr/2025 (िनधा"रण वष" Assessment Year: 2019-20, 2020-21 & 2021-22)

delay of 1647 days deserves to be condoned, and the matter needs to be adjudicated on its merits. Gurmeet Singh Hora vs. Deputy Commissioner of Income Tax-1(1) 14. Apropos, the obligations on the Ld. CIT(A) to dispose of the matter on merits, our view is supported by the judgment of Hon’ble Mumbai High Court

GURMEET SINGH HORA,RAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR, RAIPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 358, 359 & 360/Rpr/2025 (िनधा"रण वष" Assessment Year: 2019-20, 2020-21 & 2021-22)

delay of 1647 days deserves to be condoned, and the matter needs to be adjudicated on its merits. Gurmeet Singh Hora vs. Deputy Commissioner of Income Tax-1(1) 14. Apropos, the obligations on the Ld. CIT(A) to dispose of the matter on merits, our view is supported by the judgment of Hon’ble Mumbai High Court

M/S DURG EDUCATION AND CHARITABLE SOCIETY,DURG(CG) vs. THE COMMISIONER OF INCOME TAX, EXEMPTION, BHOPAL

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.35/Rpr/2016 "नधा"रण वष" / Assessment Year : 2014-15 Durg Education & Charitable Society, Hig 110, Padmanabhpur, Durg (C.G.)-491 001 Pan : Aaaad3802C .......अपीलाथ" / Appellant बनाम / V/S. The Commissioner Of Income Tax (Exemption), Bhopal ……""यथ" / Respondent Assessee By : None Revenue By : Shri P.K Mishra, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 25.07.2022 घोषणा क" तार"ख / Date Of Pronouncement : 09.09.2022

section 10(23C) introduced w.e.f. 01.06.2013 vide Finance Act, 2006 as amended by Finance (No.2) Act, 2009, w.e.f. 01.04.2009 states as under : [“provided also that in case the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in the purpose of grant of exemption or continuance thereof, such

RAJESH KUMAR SINGHANIA HUF,RAIPUR vs. INCOME TAX OFFICER, WARD 1(1), RAIPUR, RAIPUR

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

Bench: Shri Partha Sarathi Chaudhury & Shri Avdhesh Kumar Mishraआयकर अपील सं. / Ita No.848/Rpr/2025 "नधा"रण वष" / Assessment Year : 2018-19 Rajesh Kumar Singhania Huf B-22/12, Sector-3, Udaya Society, Tatibandh, Raipur (C.G.) Pan: Aadhr1548F

condonation of delay was non-genuine and false since the assessee had claimed that they had received demand notice and assessment order on 1st April, 2023 i.e. after 11 days of the said documents being uploaded online which was held to be untrue by the said authority. That however, the Ld. CIT(Appeals)/NFAC has not brought any clarity

MANISH KUMAR JAIN, RAJNANDGAON,RAJNANDGAON vs. INCOME TAX OFFICER, WARD-1, RAJNANDGAON, RAJNANDGAON

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita Nos.516, 517 & 518/Rpr/2025 "नधा"रण वष" /Assessment Year : 2014-15 Shri Manish Kumar Jain C/O. Maa Padmavati Rice Industries, Ramadhin Marg, Rajnandgaon-491 441 Pan: Adnpj1476F .......अपीलाथ" / Appellant

Section 249(3) of the Act has to be read a/w. 250 (4) & (6) of the Act. Meaning thereby, in exercising such discretion as envisaged u/s. 249(3) of the Act, the Ld. CIT(Appeals)/NFAC shall have to conduct enquiry and examine the submissions regarding the condonation of delay. 5 Shri Manish Kumar Jain Vs. ITO, Ward-1, Rajnandgaon

MANISH KUMAR JAIN, RAJNANDGAON,RAJNANDGAON vs. INCOME TAX OFFICER, WARD-1, RAJNANDGAON, RAJNANDGAON

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita Nos.516, 517 & 518/Rpr/2025 "नधा"रण वष" /Assessment Year : 2014-15 Shri Manish Kumar Jain C/O. Maa Padmavati Rice Industries, Ramadhin Marg, Rajnandgaon-491 441 Pan: Adnpj1476F .......अपीलाथ" / Appellant

Section 249(3) of the Act has to be read a/w. 250 (4) & (6) of the Act. Meaning thereby, in exercising such discretion as envisaged u/s. 249(3) of the Act, the Ld. CIT(Appeals)/NFAC shall have to conduct enquiry and examine the submissions regarding the condonation of delay. 5 Shri Manish Kumar Jain Vs. ITO, Ward-1, Rajnandgaon

MANISH KUMAR JAIN, RAJNANDGOAN,RAJNANDGAON vs. INCOME TAX OFFICER, WARD-1, RAJNANDGAON, RAJNANDGAON

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita Nos.516, 517 & 518/Rpr/2025 "नधा"रण वष" /Assessment Year : 2014-15 Shri Manish Kumar Jain C/O. Maa Padmavati Rice Industries, Ramadhin Marg, Rajnandgaon-491 441 Pan: Adnpj1476F .......अपीलाथ" / Appellant

Section 249(3) of the Act has to be read a/w. 250 (4) & (6) of the Act. Meaning thereby, in exercising such discretion as envisaged u/s. 249(3) of the Act, the Ld. CIT(Appeals)/NFAC shall have to conduct enquiry and examine the submissions regarding the condonation of delay. 5 Shri Manish Kumar Jain Vs. ITO, Ward-1, Rajnandgaon

MANAV RACHNA EDUCATION SOCIETY,RAIPUR vs. COMMISSIONER OF INCOME TAX ( EXEMPTION), BHOPAL

Bench: Shri Ravish Sood & Shri G D Padmahshaliआयकर अपील सं. / Ita No. 01/Rpr/2021 "नधा"रण वष" / Assessment Year : 2018-19 Manav Rachana Education Society, A-1, Pushpak Apartments, Opp. Government School, Chhotapara, Raipur (C.G.)-492 001 Pan: Aaaac6228R . ......अपीलाथ" / Appellant बनाम / V/S.

Section 10(23C), the application in Form No. 56D is required to be submitted on or before 30th September of the relevant Assessment Year i.e. by 30.09.2018, whereas 5 Manav Rachna Education Society Vs. CIT (Exemptions), Bhopal (MP) the assessee has applied for A.Y. 2018-19 after 30th September 2018 hence the said application is belated. In View

SANDEEP KAUR GILL, RAIPUR,RAIPUR vs. INCOME TAX OFFICER. WARD 3(1), RAIPUR, RAIPUR

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

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.236/Rpr/2025 "नधा"रण वष" /Assessment Year : 2014-15 Sandeep Kaur Gill 26/102, Shukla Colony, Ravi Shankar, Shukla Ward, Raipur (C.G.)-492 001 Pan: Adcpg7812K .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-3(1), Raipur (C.G.) ……""यथ" / Respondent

Section 5 of the Limitation Act, 1963 regarding the condonation of delay in respect of case of land acquisition has observed and held on the aspect of delay that although the delay cannot be condoned without sufficient cause, the merits of the case could not be discarded solely on the ground of delay. A liberal approach, therefore, should be taken

UDAY VENTURE,RAIPUR vs. INCOME TAX OFFICER, WARD 1(1), RAIPUR, RAIPUR

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

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.824/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Uday Venture Singhania Bhawan, Subhash Road, Telghani Naka, Raipur (C.G.) Pan: Aadfu7600D

condoning the delay of 1058 days. That as discernable from the order of the Ld. CIT(Appeals)/NFAC, sufficient cause in accordance with Section 249(3) of the Income Tax Act, 1961 (for short ‘the Act’) has not been established in the case of the assessee and hence, the appeal of the assessee was dismissed as barred by limitation

LAXMI KANT DUBEY, DURG,DURG vs. ITO, WARD-1(1), BHILAI, BHILAI

In the result, appeal of the assessee is dismissed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.595/Rpr/2025 "नधा"रण वष" /Assessment Year : 2013-14 Laxmi Kant Dubey 245, Ward No.54, Phool Gaon, Durg-491 228 (C.G.) Pan: Bbxpd9623B

delay of 280 days involved in the present appeal is condoned. 5. Coming to the merits of the matter, at the time of hearing an adjournment petition has been filed which is rejected since already sufficient opportunities have been provided to the assessee as per the order sheet entries wherein hearing of the matter was scheduled

LATE SHANTI MOHTA,RAIPUR vs. INCOME TAX OFFICER WARD 2(1), RAIPUR, RAIPUR

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

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.71/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Late Shanti Mohta 15/391, Jawahar Nagar, Ravigram S.O Chhattisgarh- 492 001 Pan: Aldpm6184F .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-2(1), Raipur (C.G.) ……""यथ" / Respondent

Section 5 of the Limitation Act, 1963 regarding the condonation of delay in respect of case of land acquisition has observed and held on the aspect of delay that although the delay cannot be condoned without sufficient cause, the merits of the case could not be discarded solely on the ground of delay. A liberal approach, therefore, should be taken

CHHATTISGARH RAJYA OPEN SCHOOL,RAIPUR vs. COMMISSIONER OF INCOME-TAX(EXEMPTION), BHOPAL

In the result, the appeal filed by the assessee in ITA

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 16 & 17/Rpr/2021 "नधा"रण वष" / Assessment Years : 2019-20 & 2020-21 Chhattisgarh Rajya Open School Madhyamik Siksha Mandal, Pension Road, Raipur-492 001 (C.G.) Pan : Aaagc0179F .......अपीलाथ" / Appellant बनाम / V/S. The Commissioner Of Income Tax (Exemption) Bhopal. ……""यथ" / Respondent

Section which states as under: " Provided also that in case the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in the first proviso makes an application on or after the 1st day of June, 2006 for the purpose of grant of exemption or continuance thereof, such application

CHHATTISGARH RAJYA OPEN SCHOOL,RAIPUR vs. COMMISSIONER OF INCOME-TAX(EXEMPTION), BHOPAL

In the result, the appeal filed by the assessee in ITA

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 16 & 17/Rpr/2021 "नधा"रण वष" / Assessment Years : 2019-20 & 2020-21 Chhattisgarh Rajya Open School Madhyamik Siksha Mandal, Pension Road, Raipur-492 001 (C.G.) Pan : Aaagc0179F .......अपीलाथ" / Appellant बनाम / V/S. The Commissioner Of Income Tax (Exemption) Bhopal. ……""यथ" / Respondent

Section which states as under: " Provided also that in case the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in the first proviso makes an application on or after the 1st day of June, 2006 for the purpose of grant of exemption or continuance thereof, such application

SHYAM PULSES PVT. LTD., RAIPUR,RAIPUR vs. ITO-1(1), RAIPUR, RAIPUR

In the result, appeal of the assessee in ITA No

Bench: Shri Partha Sarathi Chaudhury & Shri Avdhesh Kumar Mishraआयकर अपील सं. / Ita Nos.03 & 04/Rpr/2026 "नधा"रण वष" / Assessment Year : 2015-16 & 2016-17 Shyam Pulses Pvt. Ltd. Jawahar Nagar, Near Chhattisgarh Agency, Jawahar Nagar, Raipur-492 001 (C.G.) Pan: Aaics7656K

Section 249(3) of the Act, rather a mere excuse. The Hon’ble High Court of Bombay in the 3 Shyam Pulses Pvt. Ltd. Vs. ITO-1(1), Raipur (C.G.) ITA Nos. 03 & 04/RPR/2026 case of in the case of CIT Vs. Premkumar Arjundas Luthra (HUF) (2017) 297 CTR 614 (Bom) had categorically held that the appellate authority