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

Bench: Shri Ravish Sood & Shri Arun Khodpia

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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

Bench: Shri Ravish Sood & Shri Arun Khodpia

44 South Eastern Coalfields Group of cases (On penalty) 8. Disallowance of expenses u/s.40(a)(ia) 39.12 9. Disallowance of assessee’s claim for 402.77 deduction of LD penalty 21. The A.O while framing the assessment vide his order passed under Sec.143(3) of the Act, dated 07.03.2013 had also initiated penalty proceedings under Sec.271

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.)

44,733/- Total addition on 8,84,92,885/- books profit The AO, based on the aforesaid revision in the expenses, made an addition of Rs.8,84,92,885/- to the “book profit” disclosed by the assessee company in its revised return of income. Apart from that, the A.O made a further addition /disallowance of the delayed deposit

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.)

44,733/- Total addition on 8,84,92,885/- books profit The AO, based on the aforesaid revision in the expenses, made an addition of Rs.8,84,92,885/- to the “book profit” disclosed by the assessee company in its revised return of income. Apart from that, the A.O made a further addition /disallowance of the delayed deposit

M/S SHARDA ENERGY & MINERALS LIMITED,RAIPUR (CG) vs. THE ASSISTANT COMMISSIONER OF IMCOME TAX, CENTRALCIRCLE-1,RAIPUR-2, RAIPUR (CG)

Bench: Shri N.K. Billaiya & Shri Ram Lal Negi)

44,040/- + 64358/- amounting to Rs. 1,30,79,556/- and ignored the figure of incorrect claim of Rs. 4,16,02,936/- as worked out hereinabove. The learned AR during appellate proceedings has been specifically asked that MAT has been wrongly arrived and it had included the short term capital gain. He maintained that the case of MAT only

M/S RADHE SHYAM BENI SHYAM KESARY & COMPANY,BILASPUR vs. INCOME TAX OFFICDRF, WARDF 1(2), BILASPUR

In the result, the appeal of assessee is dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.33/Rpr/2018 (ननधाारण वषा / Assessment Year :2009-2010) M/S Radhe Shyam Beni Shyam Vs Ito, Ward-1(2), Bilaspur Kesary & Company, Dayalband, Nariyal Kothi, Bilaspur (C.G.) Pan No. : Aahfr 1307 G (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

271(1)(a) of the Act was a valid notice in the eye of law. 9. In present case the notice was served on assessee, in response Shri R N Kashyap, accountant of the assessee was appeared before the AO and submitted the response. Question on validity of notice was not raised before the revenue authorities, No material based

M/S VIJENDRA SINGH & ASSOCIATES,BILASPUR vs. INCOME TAX OFFICER, WARD 1(2), BILASPUR

In the result the appeal of the assessee is allowed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.113/Rpr/2018 (ननधाारण वषा / Assessment Year :2011-2012) M/S Vijendra Singh & Associates, Vs Ito, Ward-1(2), Bilaspur C/O-Bedford Earthmovers Inc. Rajeev Gandhi Chowk, Jarhabhata, Bilaspur (Cg) Pan No. :Aaaav 6865 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

44,225/-, thus, the Ld AO has considered the amount of consideration received as sale for the year under consideration. As per Ld AO the amount received is more than the stipulated turnover required u/s 44AB of Act to get assessee’s books Audited and for this non-compliance penalty u/s 271B for Rs. 73250/- was imposed. Aggrieved

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1), BHILAI vs. MESERS ABIS POULTRY PRIVATE LIMITED, RAJNANDGAON

In the result, both appeals of the revenue are dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.233 & 234/Rpr/2019 (ननधाारण वषा / Assessment Year :2009-2010 & 2011-2012) Acit-2(1), Bhilai Vs M/S Abis Poultry Private Limited, Baldeo Bag, Rajnandgaon Pan No. :Aaeca 87411 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

Penalty proceedings u/s. 271 (1)(c) of the Act are separately initiated. Consequently, additions of Rs. 2,05,00,000/- for the AY 2009-10 and Rs. 1,50,00,000/- for the AY 2011-12 were made. 5. Against the assessment order, the assessee preferred appeal before the ld. CIT(A), wherein the appeal was partly allowed

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1), BHILAI vs. MESERS ABIS POULTRY PRIVATE LIMITED, RAJNANDGAON

In the result, both appeals of the revenue are dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.233 & 234/Rpr/2019 (ननधाारण वषा / Assessment Year :2009-2010 & 2011-2012) Acit-2(1), Bhilai Vs M/S Abis Poultry Private Limited, Baldeo Bag, Rajnandgaon Pan No. :Aaeca 87411 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

Penalty proceedings u/s. 271 (1)(c) of the Act are separately initiated. Consequently, additions of Rs. 2,05,00,000/- for the AY 2009-10 and Rs. 1,50,00,000/- for the AY 2011-12 were made. 5. Against the assessment order, the assessee preferred appeal before the ld. CIT(A), wherein the appeal was partly allowed