SOUTH EASTERN COALFIELDS LIMITED, BILASPUR,BILASPUR vs. ASSISSTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BILASPUR, BILASPUR

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

THE DY. CIT- CIR.-1(1),, BILASPUR(CG) vs. SOUTH EASTERN COALFILDS LTD.,, BILASPUR(CG)

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

SOUTH EASTERN COALFIELDS LTD,BILASPUR(CG) vs. DY.. C.I.T.-1(1), BILASPUR(CG)

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

SOUTH EASTERN COALFIELDS LIMITED,BILASPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1(1), BILASPUR

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1), BILASPUR vs. SOUTH EASTERN COALFIELDS LIMITED, BILASPUR

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

SOUTH EASTERN COALFIELDS LIMITED,BILASPUR vs. JT. COMMISSIONER OF INCOME TAX (OSD), CIRCLE-1(1), BILASPUR

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

SOUTH EASTERN COALFIELDS LIMITED, BILASPUR,BILASPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BILASPUR, BILASPUR

Bench: Shri Ravish Sood & Shri Arun Khodpia

section 271(1)(c) can only be imposed for inadequate/ mala-fide explanations offered by the assessee with respect to 'facts'. The Ld. CIT(Appeals) erroneously distinguished the case of Reliance Petro Products Pvt. Ltd v. CIT [2010] 322 ITR 158 (SC) allegedly on 'factual difference', without appreciating that the said case lays down proposition of law which still applies

RAIPUR SECURITIES AND INVESTMENT LIMITED,RAIPUR vs. INCOME TAX OFFICER, WARD 3(1), RAIPUR

In the result the appeal of the assessee is allowed on legal issue

Bench: Shri Ravish Sood & Shri Rathod Kamlesh Jayantbhaiआयकर अपील सं. / Ita No. 164/Rpr/2018 "नधा"रण वष" / Assessment Year : 2014-15 Raipur Securities & Investment Ltd. Mig 21, Indravati Colony, Raipur (C.G.) Pan : Aaccr4419F .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(1), Raipur (C.G.) ……""यथ" / Respondent

section 147, if any information can be deduced from records by due diligence, the assessee cannot claim that such information was furnished. before the AO. In the present case while the sale transaction was recorded in books but the books are assessee's records. And unless the case is selected. for scrutiny the AO will not have occasion to examine

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), RAIPUR vs. CHHATTISGARH STATE POWER TRANSMISSION COMPANY LTD., RAIPUR

In the result, the appeal of the revenue in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 2 & 3/Rpr/2023 Co Nos. 19 & 20/Rpr/2023 "नधा"रण वष" / Assessment Years : 2016-17 & 2017-18 The Deputy Commissioner Of Income Tax, Circle-1(1), Raipur (C.G.)

271(1)(c) of the Act w.r.t the delayed deposit by the assessee company of the employees share of contributions towards labour welfare funds, set aside the same. 23. In the result, the cross-objection filed by the assessee in CO No.19/RPR/2023 for A.Y.2016-17 is allowed in terms of our aforesaid observations. 24. Resultantly, both the appeal of the revenue

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), RAIPUR vs. CHHATTISGARH STATE POWER TRANSMISSION COMPANY LTD., RAIPUR

In the result, the appeal of the revenue in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 2 & 3/Rpr/2023 Co Nos. 19 & 20/Rpr/2023 "नधा"रण वष" / Assessment Years : 2016-17 & 2017-18 The Deputy Commissioner Of Income Tax, Circle-1(1), Raipur (C.G.)

271(1)(c) of the Act w.r.t the delayed deposit by the assessee company of the employees share of contributions towards labour welfare funds, set aside the same. 23. In the result, the cross-objection filed by the assessee in CO No.19/RPR/2023 for A.Y.2016-17 is allowed in terms of our aforesaid observations. 24. Resultantly, both the appeal of the revenue

SOUTH EASTERN COALFIEDS LIMITED,BILASPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, BILASPUR

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 314/Rpr/2023 "नधा"रण वष" / Assessment Year : 2017-18 M/S. South Eastern Coalfields Limited Seepat Road, Sarkanda, Bilaspur (C.G.)-495006 Pan: Aadcs2066E .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-1(1), Bilaspur (C.G.) ……""यथ" / Respondent

section 270A(9) in the penalty show- 3 M/s. South Eastern Coalfields Limited Vs. ACIT, Circle-1(1), Bilaspur cause notice: rendering penalty order passed by him bad-in- law, which is liable to be quashed. 5. That on the facts and in the circumstances of the case and in law, the Ld. AO has erred by computed misreported income

SOUTH EASTERN COALFIELDS LIMITED, BILASPUR,BILASPUR vs. ASSISSTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BILASPUR, BILASPUR

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 43/Rpr/2023 "नधा"रण वष" / Assessment Year : 2018-19 M/S. South Eastern Coalfields Limited Seepat Road, Sarkanda, Bilaspur (C.G.)-495006 Pan: Aadcs2066E .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-1(1), Bilaspur (C.G.) ……""यथ" / Respondent

disallowance of depreciation on hospital building leased to Apollo Hospitals. 18. That the appellant craves leave to add and /or alter, amend, modify or rescind the grounds hereinabove before or at the hearing of this appeal.” Also, the assessee has raised additional grounds of appeal which reads as under: “1. In the facts and circumstance of the case

SHRI VIJAY KUMAR PATEL,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, RAIPUR-1, RAIPUR

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 212/Rpr/2024 ("नधा"रण वष" Assessment Year: 2017-18)

disallowed Rs.1,20,000/- and added to the income of the assessee, which was also set aside by order of the CIT(A) while exercising the power under Section 263 of the Act CIT did not have any material for invoking the said provision and it merely did the same on suspicion and presumption. The Punjab and Haryana High Court

SHRI SWAPNIL KUMAR JAIN,CHAMPA (CG) vs. INCOME TAX OFFICER- JANJGIR, CHAMPA,

The appeal of the assessee is allowed in terms of aforestated observation

Bench: Shri Ravish Sood & Shri Jamlappa D. Battull

disallowance, has initiated the penalty proceedings u/s 271(1)(c) which can be seen from the relevant text of the order of the assessment; ITAT-Raipur Page 6 of 10 ITA No. : 106/BIL/2017 AY : 2010-2011 “In addition to this, through order sheet dtd.28/12/2012, the counsel himself accepted the above mistake and he offered to surrender the amount of Rs.251275