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.)

11. At the threshold, we may herein refer to the peculiar facts involved in the present case before us. It is the claim of the Ld. Authorized Representative (for short ‘AR’) that as the accounts of the assessee company were not finalized as of the date of filing of the return of income; therefore, the same was filed

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

11,385.80 lakhs under the head "Land Compensation and Rehabilitation expenses" and Provision for leave encashment". 1(b) That on the facts and in the circumstances of the case, the Ld. CIT(Appeals) have erred in not discharging the onus of justifying that inaccurate particulars of income was furnished and the 'explanation' given by the Appellant is not 'bona fide

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

u/s 271(1)(c) cannot be sustained: - CIT & Another vs Manjunatha Cotton & Ginning 359 ITR 565 (Kar.), SLP dismissed on 5.8.2016 vide (2016) 386 ITR 13 (St.). Manjunatha followed in CIT vs Samson Perinchery (Bom.) M.G. Contractor Pvt. Ltd. vs DCIT, ITA no. 7034 to 7038/Del./2014 order dt. 19.09.2016 of "E" Bench. Pr. CIT vs Smt. Baisetty Revathi

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

d) an order made under section 163 treating the assessee as the agent of a non- resident; (e) an order made under sub-section (2) or sub-section (3) of section 170; (f) an order made under section 171; (g) an order made under clause (b) of sub-section (1) or under sub-section (2) or sub-section

PRAKASH DAVARA,RAIPUR vs. ASSISTANT COIMMISSIONER OF INCOME TAX , CIRCLE 4(1), RAIPUR, RAIPUR

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 177/Rpr/2019 "नधा"रण वष" / Assessment Year : 2009-10 Prakash Davara, 08, Gitanjali Nagar, Shankar Nagar, Raipur (C.G.)-492 001 Pan : Acupd0169K .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax-4(1), Raipur (C.G.)

D.’ Costa (1982) 133 ITR 7 (Del) (v) CIT Vs. Sudershan Talkies (1993) 201 ITR 289 (Del) (vi) CIT Vs. Nihal Chand Rekyan (2000) 242 ITR 45 (Del) (vii) CIT Vs. Keshrimal Parasmal (1986) 157 ITR 484 (Raj) (viii) CIT Vs. Linotype & Machinery (1991) 192 ITR 337 ( Cal.) (ix) Surendra Prasad Singh

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

section 271(1)(c) is calamitous, albeit commercial, consequences, the provision is mandatory and brooks no trifling or dilution therewith, as a result we are of the considered view that, having regard to the fact that in the instant case the SCN dt 14/01/2015 issued u/s 274 r.w.s. 271(1)(c) of the ITAT-Raipur Page