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.)

Long Term as well as Short Term capital gain as well as Loss also. The appellant has carried out all the share transactions online, through a registered share broker namely, Exclusive Securities Ltd. The appellant has paid Security Transaction Tax on purchases as well as sales of the shares, at prevailing rates. This is also undisputed that the profit

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

disallowing Rs.32,18,238/- under the head long term capital gain without any fact and circumstances.” 2. Succinctly stated, based

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

Long term capital gain (LTCG) of Rs.2,21,602/-]. Return of income filed by the assessee was processed as such u/s. 143(1) of the Act. 3. Original assessment was, thereafter, framed by the A.O. vide his order passed u/s. 143(3) of the Act dated 02.12.2010, wherein income of the assessee was assessed at Rs.4,42,070/- (including LTCG

FIVE STARCONSTRUCTION COMPANY,BHILAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), BHILAI

The appeal of the assessee is partly allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.45/Rpr/2018 "नधा"रण वष" / Assessment Year : 2014-15 Five Star Construction Company Plot No.96-97, Light Industrial Area, Chawani Chowk, Bhilai (C.G)-490026 Pan : Aaaff4316L .......अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax-1(1), Bhilai (C.G.) ……""यथ" / Respondent

long term capital gain (LTCG) on sale of 18,98,410/- land by the assessee firm which was claimed as exempt. 10 Five Star Construction Company Vs. DCIT-1(1), Bhilai Accordingly, the A.O after making the aforesaid additions /disallowances vide his order passed under Sec.144 r.w.s. 143(3), dated 31.12.2016 assessed the income of the assessee firm

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

Long Term Capital Gain (LTCG) on sale of immovable properties. The A.O observed that the assessee had during the subject year sold three properties, as under: S. No. Transaction Transaction Amt. Transaction Name of Amount As per A/c. dated in Books purchaser of A/c. party 1. 11857000/- 10840100/- 21/07/2014 Balaji Builders 2. 23064000/- 23064000/- 02/09/2014 Zodiac Dealers

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

term 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

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

term 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

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

term 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

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

term 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

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

term 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

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

term 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

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

term 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

SUDHA GUPTA,BILASPUR vs. THE INCOME TAX OFFICER, BILASPUR

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 435/Rpr/2025 (िनधा"रण वष" Assessment Year: 2018-19)

Long Term Capital Gain for sale of an agricultural land without appreciating facts that indexed cost of Acquisition should have been deducted from Sale Consideration. The addition made by AO and confirmed by Ld. CIT(A) is arbitrary, illegal and not justified since in lack of purchase cost, fair market value as on 01.04.2011 could have been taken as Cost

INCOME TAX OFFICER, CIVIL LINES, RAIPUR vs. SANDEEP JHABAK, RAIPUR

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.418/Rpr/2024 Co No.16/Rpr/2024 "नधा"रण वष" / Assessment Year : 2013-14 The Income Tax Officer-4(1), Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Shri Sandeep Jhabak M/S. Allied Traders, Jhabak Bada, Near Tatyapara, Kamasipara (C.G.)-492 001 Pan: Adnpj2221L ……""यथ" / Respondent

disallowance of the interest paid by the assessee on loan raised from Shri Sampatlal Jhabak, HUF : Rs.4,80,000/-; (iii) cash deposits made in the assessee’s bank account with HDFC bank had remained omitted to be examined : Rs.3,00,000/-; and (iv) shop rent was wrongly assessed under the head “Income from house property”. 6 ITO-4(1), Raipur

LALCHAND RAMNANI, RAIPUR,RAIPUR vs. INCOME TAX OFFICER-3(3), RAIPUR, RAIPUR

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

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 288/Rpr/2023 "नधा"रण वष" / Assessment Year : 2014-15 Lalchand Ramnani New Cloth Market, Pandri, Raipur (C.G.)-492 001 Pan : Acnpr3983J .......अपीलाथ" / Appellant बनाम / V/S.

long-term capital gain claimed exempt by the appellant alleging it to be bogus invoking sec. 68. The addition made by AO and confirmed by Ld. CIT(A) is arbitrary and not justified. 4. The appellant reserves the right to amend, modify or add any of the ground/s of appeal.” 2. Before proceeding any further, I may herein observe that

SMT. DIPALBEN MANISH PATEL, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD 2(1), RAIPUR, 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. 215/Rpr/2023 "नधा"रण वष" / Assessment Year : 2015-16 Smt. Dipalben Manish Patel 4-502, Near Maharashtra Mandal, Choubey Colony, Raipur (C.G.)-492 001 Pan : Alupp3271B

long term capital gain on sale of shares u/s 10(38) of Rs.6,06,137/- and paid tax of Rs.2,40,000/- on 30/09/2017 on above income before the Assessment Order was passed. Prayed to cancel the penalty levied.” 3 Smt. Dipalben Manish Patel Vs. ITO-2(1), Raipur (C.G.) 2. Succinctly stated, the assessee had e-filed her return

PRASHANT MANOHAR BHAGWAT, RAIPUR,RAIPUR vs. INCOME TAX OFFICER-1(2), RAIPUR, RAIPUR

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 86/Rpr/2023 "नधा"रण वष" / Assessment Year : 2014-15 Prashant Manohar Bhagwat H. No.11, South Avenue, Choubey Colony, Raipur (C.G.)-492 001 Pan : Ahfpb6105K .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(2), Raipur (C.G.) ……""यथ" / Respondent

long term capital gain (LTCG) that was claimed as exempt u/s. 10(38) of the Act, assessed his income at 3 Prashant Manohar Bhagwat Vs. ITO-1(2), Raipur Rs.19,58,383/-. Also, the A.O while culminating the assessment initiated penalty proceedings u/s.271(1)(c) of the Act for furnishing of inaccurate particulars with respect to the aforesaid addition

THE DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE 1(1)BILASPUR, BILASPUR(CG) vs. THE SOUTH EASTERN COAL FIELDS LTD., BILASPUR, BILASPUR(CG)

In the result, all the captioned appeals of the assessee as well as revenue are either allowed, partly allowed for statistical purposes or dismissed, in accordance with our observations herein above

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.201/Bil/2012 (Ay : 2009-2010) आयकर अपील सं./Ita No.401/Bil/2014 (Ay : 2010-2011) आयकर अपील सं./Ita No.162/Bil/2017 (Ay : 2010-2011) आयकर अपील सं./Ita No.115/Bil/2015 (Ay : 2011-2012) आयकर अपील सं./Ita No.102/Bil/2017 (Ay : 2012-2013) आयकर अपील सं./Ita No.103/Bil/2017 (Ay : 2013-2014) आयकर अपील सं./Ita No.204/Rpr/2017 (Ay : 2014-2015) आयकर अपील सं./Ita No.169/Rpr/2018 (Ay : 2015-2016) आयकर अपील सं./Ita No.33/Rpr/2019 (Ay : 2016-2017) South Eastern Coal Fields Ltd., Vs Jcit, Range-1, Bilaspur Seepat Road, Bilaspur Pan No. :Aadcs 2066 E (अपीलाथ" /Appellant) .. (""यथ" / Respondent) & आयकर अपील सं./Ita No.204/Bil/2012 (Ay : 2009-2010) आयकर अपील सं./Ita No.382/Bil/2014 (Ay : 2010-2011) आयकर अपील सं./Ita No.103/Bil/2015 (Ay : 2011-2012) आयकर अपील सं./Ita No.98/Bil/2017 (Ay : 2012-2013) आयकर अपील सं./Ita No.99/Bil/2017 (Ay : 2013-2014) आयकर अपील सं./Ita No.188/Rpr/2017 (Ay : 2014-2015) आयकर अपील सं./Ita No.171/Rpr/2018 (Ay : 2015-2016) आयकर अपील सं./Ita No.54/Rpr/2019 (Ay : 2016-2017) Dcit, Circle-1(1), Bilaspur Vs South Eastern Coal Fields Ltd., Seepat Road, Bilaspur Pan No. :Aadcs 2066 E (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri Ajit Korde, Advocate, Shri Ankur Goel & Shri Ankit Agrawal, Cas राज"व क" ओर से /Revenue By : Shri Debashish Lahiri, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 26/09/2023 घोषणा क" तार"ख/Date Of Pronouncement : 30/10/2023

gains could be charged to tax u/s 45 as the compensation received by the assessee on nationalization of its banking undertaking which included intangible assets tenancy rights etc. was not allocable item-wise. In para no.5 of this judgment, the Hon'ble Supreme Court noted that by an amendment to section 50B inserted by the Finance Act, 1999 with effect