ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

disallowed amounts in the search proceedings. Further, it is again reiterated that as per the provisions of section 153C, additions can be made only when there is any undisclosed income/unexplained cash or unexplained investment found on the basis of incriminating documents found during course of search " 4.1.5 Respectfully following the binding precedent on this issue, in absence of any incriminating

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

disallowed amounts in the search proceedings. Further, it is again reiterated that as per the provisions of section 153C, additions can be made only when there is any undisclosed income/unexplained cash or unexplained investment found on the basis of incriminating documents found during course of search " 4.1.5 Respectfully following the binding precedent on this issue, in absence of any incriminating

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

disallowed amounts in the search proceedings. Further, it is again reiterated that as per the provisions of section 153C, additions can be made only when there is any undisclosed income/unexplained cash or unexplained investment found on the basis of incriminating documents found during course of search " 4.1.5 Respectfully following the binding precedent on this issue, in absence of any incriminating

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

disallowed amounts in the search proceedings. Further, it is again reiterated that as per the provisions of section 153C, additions can be made only when there is any undisclosed income/unexplained cash or unexplained investment found on the basis of incriminating documents found during course of search " 4.1.5 Respectfully following the binding precedent on this issue, in absence of any incriminating

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

disallowed amounts in the search proceedings. Further, it is again reiterated that as per the provisions of section 153C, additions can be made only when there is any undisclosed income/unexplained cash or unexplained investment found on the basis of incriminating documents found during course of search " 4.1.5 Respectfully following the binding precedent on this issue, in absence of any incriminating

SHRI SHRI SUSHIL KUMAR AGRAWAL, KORBA,KORBA(CG) vs. THE JOINT COMMISSIONER OF INCOME TAX,RANGE KORBA, KORBA(CG)

In the result, appeal of the assesee in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 93 & 94/Rpr/2017 "नधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., T.P Nagar, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ"/Appellant बनाम / V/S. The Joint Commissioner Of Income Tax, Korba (C.G.) ……""यथ" / Respondent

disallowance u/s. 40(a)(ia) of the Act was liable to be restricted only to the extent of 30% of the sum payable by the assessee. Thus, the Ground of appeal No.2 raised by the assessee is partly allowed in terms of our aforesaid observations. 19. Apropos the loans aggregating to Rs. 90 lac claimed by the assessee to have

SHRI SHRI SUSHIL KUMAR AGRAWAL, KORBA,KORBA(CG) vs. THE JOINT COMMISSIONER OF INCOME TAX,RANGE KORBA, KORBA(CG)

In the result, appeal of the assesee in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 93 & 94/Rpr/2017 "नधा"रण वष" / Assessment Years: 2010-11 & 2011-12 Shri Sushil Kumar Agrawal, Prop. Of M/S. Shrikishan & Co., T.P Nagar, Korba (C.G.) Pan : Acgpa4350B .......अपीलाथ"/Appellant बनाम / V/S. The Joint Commissioner Of Income Tax, Korba (C.G.) ……""यथ" / Respondent

disallowance u/s. 40(a)(ia) of the Act was liable to be restricted only to the extent of 30% of the sum payable by the assessee. Thus, the Ground of appeal No.2 raised by the assessee is partly allowed in terms of our aforesaid observations. 19. Apropos the loans aggregating to Rs. 90 lac claimed by the assessee to have

SARVESH BARDIA,RAJNANDGAON vs. INCOME TAX OFFICER-1, RAJNANDGAON

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.299/Rpr/2024 "नधा"रण वष" / Assessment Year : 2017-18 Sarvesh Bardia Bardia Niwas, Sadar Bazar, Rajnandgaon (C.G.)-491 441 Pan: Aqbpb3485F .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1, Rajnandgaon (C.G.) ……""यथ" / Respondent

disallowing the claim of unsecured loans and treated as unexplained money u/s 69A of the Act is in order and no interference is necessary to modify or otherwise in the impugned order for the said addition of Rs.1,19,30,000/-. Therefore, the ground no.1 of appeal is hereby dismissed.” (B). As regards the addition towards unexplained cash deposits

DEPUTY COMMISSIONER OF INCOME TAX -1(1), RAIPUR vs. BHARAT AGRO INDUSTRIES, RAIPUR

In the result, the appeal of the Revenue is partly allowed as above

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Avdhesh Kumar Mishra, Am

disallowances made by the AO to the tune of Rs 2,41,693 being 10% of expenses claimed under head fire 2 DCIT, Circle-1(1), Raipur vs. Bharat Agro Industries, Raipur wood expenses and packing material expenses in view of judgment of ITAT. Delhi's Bench in case of Brolife Medical Pvt. Ltd Vs ACIT. 7. Any other ground

VALLABH CHANDAK,MAHASAMUND vs. INCOME TAX OFFICER, WARD MAHASAMUND, MAHASAMUND

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

Bench: Shri Ravish Soodआयकर अपील सं./ Ita No.104/Rpr/2021 "नधा"रण वष" / Assessment Year : 2017-18 Vallabh Chandak Pro. M/S. Laxmi Pharma Purana Mandi Road, Ganjpara, Mahasamund (C.G.)-493 445 Pan : Akhpc3415A .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer Ward-Mahasumand (C.G.). ……""यथ" / Respondent

disallowance of Rs.29,487/- made by invoking provision of section 40(a)(ia) be deleted. 5) The appellant reserves the right to add, amend, or alter any ground or grounds of appeal at the time of hearing.” 2. Succinctly stated, the assessee who is running a wholesale medical shop had e-filed his return of income for A.Y.2017-18

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE- 1(1), BHILAI vs. SHRI NITIN SANKHLA, DURG

In the result, grounds no 2 to 7 on this single issue of the appeal of the revenue are dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.98/Rpr/2020 (Assessment Year: 2017-18) Asstt. Commissioner Of Income Tax- Vs Shri Nitin Sankhla 1(1), Bhilai 1St Floor, Navkar Bullion, Above Navin Jeweller, Jawahar Chowk, Durg Pan No. :Bbups 4874 C (अपीलाथ" /Appellant) (""यथ" / Respondent) .. : Shri Ravi Agarwal, Ca "नधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By : Shri Ila M. Parmar, Cit- Dr सुनवाई क" तार"ख / Date Of Hearing : 02/06/2023 घोषणा क" तार"ख/Date Of Pronouncement : 08/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

section 142(1) along with query letter was issued on 04/10/2019 & 02/11/2019 The assessee was queried to explain the sources of his investment made during the financial year 01/04/2016 to 31/03/2017 and justify the same with documentary evidence. Notices u/s 133(6) were issued to various banks to furnish bank statements of the assessee. 3. The case of the assessee

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), RAIPUR vs. MESERS VANDANA ISPAT LIMITED, RAIPUR

In the result, the appeal of revenue is dismissed

disallowed Rs.2,59,00,000/- u/s.68 of the Act on account of undisclosed amount received by the assessee. 3. Being aggrieved with the assessment order, the assessee preferred appeal before the CIT(A) and the CIT(A) partly allowed the appeal of the assessee. 4. Against the above order of CIT(A), the revenue is in appeal before the Tribunal

INCOME TAX OFFICER, WARD 2(1), RAIPUR vs. MESERS ARYAN BUILDERS AND DEVELOPERS PRIVATE LIMITED, RAIPUR

In the result, both appeal of the revenue and cross objection of the assessee stand dismissed in terms of our observations

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

Section 143(2) & 142(1) of the Act were issued, hearings were conducted, the assessee had submitted its written replies against the above questionnaire. Ld. CIT-DR drew our attention to para 2 of the assessment order and reiterated the facts. As per the observations of the ld. AO in the assessment order, it was the submission that the assessee

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)), BHILAI vs. SHRI SANJAY JAIN, BHILAI

In the result ground no. 06 of the revenue stands dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No: Ita 55/Rpr/2020 (Assessment Years:2014-15) Asstt. Commissioner Of Income Tax, V Shri Sanjay Jain, Bhilai S C/O M/S Sidhharth Industries, Plot No. 38, Industrial Estate, Bhilai, C.G. Pan: Aet Pj1859D (अपीलाथ"/Appellant) . (""यथ" / Respondent) . िनधा"रती क" ओर से /Assessee By : Shri Ravi Agarwal, Ca राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing : 23-08-2023 घोषणा क" तार"ख/Date Of : 09-11-2023 Pronouncement

section 40(a)(ia) was bad in law, thus, the same is directed to be deleted. Ground No. 1 of the revenue is, thus, dismissed in terms of aforesaid observations. 8 Sanjay Jain Ground NO. 2: disallowance u/s 68 for Rs. 1,14,50,000/- 6. Ld. CIT DR have briefly explained the facts of the issue from the assessment

MESERS DHARIWAL BROTHERS,RAIPUR vs. INCOME TAX OFFICER, WARD 3(1), RAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singhआयकर अपील सं./I.T.A. No.186/Rpr/2018 (िनधा"रण वष" / Assessment Year : 2013-14) बनाम/ M/S. Dhariwal Brothers, Income Tax Officer- C/O. Raymond Retail Shop, Ward (3)(1), Raipur Vs. Jeewan Bima Marg, Pandri, Raipur (C.G.) "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadfd 6404 E (अपीलाथ" /Appellant) (""थ" / Respondent) ..

disallowance was made only on the ground that the party has not Dhariwal Brothers Vs. ITO AY : 2013-14 responded to the notice served under Section 133

JOINT COMMISSIONER OF INCOME TAX (OSD) CIRCLE-1(1), BILASPUR vs. M/S OMAX MINERALS PVT. LTD. GADUMARIA, RAIGARH

In the result appeal ITA No

disallowed. Assessee took an appeal to the Tribunal and explained that forums below had overlooked the record placed before them which showed that credits given to the assessee-company were duly declared by 9 & CO No.09/RPR/2018 the creditors in the new returns. Upon this Tribunal concluded that the investment in the assessee-firm was duly explained and no addition

SHRI PRITAM SINGH GABEL,JANJGIR-CHAMPA vs. INCOME TAX OFFICER, WARD-JANJGIR CHAMPA, JANJGIR CHAMPA

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

Bench: Shri Ravish Soodआयकर अपील सं./Ita No.154/Rpr/2022 "नधा"रण वष" /Assessment Year : 2011-12 Shri Preetam Singh Gabel, M/S. Preetam Tractors, Baradwar Road, P.O. Sakti, Janjgir-Champa (C.G.) Pan : Agipg1118M .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward- Janjgir-Champa (C.G.). ……""यथ" / Respondent

133/- 2. Vijay Gavel Son 4,39,300/- 30 14,643/- 3. Tikeshwar Gavel Brother’s 3,42,700/- 22 15,577/- son 4. Dev Singh Gavel Brother 4,23,200/- 27 15,674/- 5. Yashwant Gavel Brother 3,70,500/- 27 13,722/- On perusal of the records, the A.O observed certain infirmities as regards the payment of commission

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL), BILASPUR vs. M/S JAGANNATHDAS HARICHANDMAL JEWELLERS PVT. LTD, RAIGARH

In the result appeal of revenue is partly allowed in terms of our observations herein above

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.106/Rpr/2022 िनधा"रण वष" /Assessment Year: 2012-13 The Assistant Commissioner Of Vs M/S. Jagannathdas Harichandmal Income Tax (Central), Bilaspur Jewellers Pvt. Ltd. Sadar Bazar, Raigarh (C.G.) Pan: Aaccj2840G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri Sunil Kumar Agrawal, Ca राज"व क" ओर से /Revenue By : Shri Choudhary N.C. Roy, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14/07/2023 घोषणा क" तार"ख/Date Of Pronouncement : 22/09/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Revenue Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-3, Bhopal, Dated 16.03.2022 Which In Turn Arises From The Order By Ld. Assessing Officer U/S 143(3) R.W.S. 147 Dated 30.12.2018 For A.Y.2012-13. The Grounds Of The Appeal Raised By The Revenue Are As Under: “ 1. Whether On The Fact & In The Circumstances Of The Case In Law, While Holding Assessment Passed U/S 147 R.W.S. 143(3) Of Act As Invalid & Void-Ab-Initio, The Ld. Cit(A) Completely Ignored The Fact That During The Course Of Survey, The Assessee Failed To Discharge Its Burden In Establishing 'The Identity, Creditworthiness & Genuineness Of The Transactions As Required U/S 68 Of The Income Tac Act. Ld. Cit(A) Erred In Ignoring That Reassessment Proceeding Are Based On Fresh Facts/Information Rather Than Change Of Opinion. 2. Whether On The Fact & In The Circumstances Of The Case In Law, The Ld.Cit(A) Erred In Ignoring That Confirmation Of Concealment Of Income/Disclosure Made In Statement Recorded During Survey U/S 133A Of Act Is An Information, Though Not Conclusive, Which May Be Used In Regular Assessment Or Reassessment Proceedings.

disallowance of Rs. 1,00,000/- out of various expenses claimed by the appellant and the total income was determined at Rs. 11,13,920. Subsequently, a survey u/s 133A of the Act was carried out in the case of appellant on 29.01.2018. During the course of survey, statement of Sri Shyam Sundar Agrawal were recorded on oath, wherein