MITESH SINGHANIA,RAIPUR vs. INCOME TAX OFFICER WARD 1(2) RAIPUR, CENTRAL REVENUE BUILDING, RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.410/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Mitesh Singhania Singhania Bhawan, Subhas Road, Near Telghani Naka, Raipur (C.G.)-492 001 Pan: Avops1474P .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-1(2), Raipur (C.G) ……""यथ" / Respondent

rectification order u/s 154 against the intimation u/s 143(1), nor subsequent order u/s 154 has been passed subsequent to filing of this appeal for the year under consideration. Q2. Whether any regular assessment order u/s 143(3) has been passed for the present year subsequent to filing of this appeal. If yes, the conclusion drawn therein with a copy

RAJENDRA KUMAR SHRIVASTAVA, DURG,DURG vs. ITO, NFAC, DELHI, DELHI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.744/Rpr/2025 "नधा"रण वष" /Assessment Year : 2020-21 Rajendra Kumar Shrivastava, Mig-42, Padmanabhpur, Durg (C.G.)-491 001 Pan: Alops3921M

section 154, it may be disposed of by that authority even after the expiry of the statutory time limit, on merits and in accordance with law, Circular: No. 73, dated 7- 1-1972. 3. In view of the above fact the rectification application order not passed with in six months from my application and view of circular no. 68 dated

INCOME TAX OFFICER, WARD-MAHASAMUND, MAHASAMUND vs. SMT. NIRMALA DEVI SHRISHRIMAL, MAHASAMUND

In the result, appeal of the Revenue is partly allowed for statistical purposes in terms of our observations herein above

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.197/Rpr/2022 ("नधा"रण वष" / Assessment Year: 2018-19) Income Tax Officer, Vs Smt. Nirmala Devi Shrishrimal, Ward-Mahasamund, 31, M.B. Building, Gandhi Chowk, Chhattisgarh Mahasamund, Chhattisgarh Pan No. : Ajgps 0562 G (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Sh. Amit M. Jain, Advocate राज"व क" ओर से /Revenue By : Sh. Simran Bhullar, Cit(Dr) सुनवाई क" तार"ख / Date Of Hearing : 18.07.2023 घोषणा क" तार"ख/Date Of Pronouncement : 31.07.2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal By The Revenue Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals) – National Faceless Appeals Centre (Nfac), Delhi, Dated 29.08.2023 For The Assessment Year 2018-19. The Revenue Has Raised The Following Grounds Of Appeal:- 1. On The Facts & The Circumstances Of The Case Whether The Ld. Cit(A), Nfac Was Justified In Deleting The Addition Of Rs.3,12,98,657/- U/S 68 Of The I.T. Act, 1961 Without Calling For Remand Report From The Ao On The Issue Of Unexplained Increase In Capital U/S 68 Of The Act. 2. Any Other Grounds That May Be Adduced At The Time Of Hearing. 2. The Brief Facts Of The Case Are That The Appellant Assessee Is An Individual Has Filed Her Return Of Income For The Assessment Year 2018-19 On 30Th March, 2019, Showing A Total Income Of Rs.7,03,830/-. The Case Of Assessee Was Selected For Limited Scrutiny Assessment Under E- Assessment Scheme, 2019 On The Issue Of Share Capital/Other Capital.

u/s 68 of the Act. 2. Any other grounds that may be adduced at the time of hearing. 2. The brief facts of the case are that the appellant assessee is an individual has filed her return of income for the assessment year 2018-19 on 30th March, 2019, showing a total income of Rs.7,03,830/-. The case

ASHOK KUMAR MALOO, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-4(1), RAIPUR, RAIPUR

In the result, appeal of the assessee is dismissed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.308/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Ashok Kumar Maloo Ground Floor, Halwai Line, Sadar Bazar, Raipur (C.G.)-492 001 Pan: Adtpm9149C .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(1), Raipur (C.G.) ……""यथ" / Respondent

rectification order passed u/s 154 is bad in law as it seeks to change the nature of assessment without addressing the pending appellate challenge to the underlying addition. 8. The reopening of assessment itself is bad in law, arbitrary and mechanical, without any independent application of mind, merely based on cash deposit data. 3 Ashok Kumar Maloo Vs. ITO, Ward

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.)

68 CCH 113 (Mum). The Ld. AR took us through the relevant observations of the Courts/Tribunal in the aforementioned judicial pronouncements, based on which penalty u/s. 270A of the Act was quashed in the respective cases for want of valid assumption of jurisdiction by the A.O. 35. Alternatively, the Ld. AR submitted that as the total income of the assessee

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.)

68 CCH 113 (Mum). The Ld. AR took us through the relevant observations of the Courts/Tribunal in the aforementioned judicial pronouncements, based on which penalty u/s. 270A of the Act was quashed in the respective cases for want of valid assumption of jurisdiction by the A.O. 35. Alternatively, the Ld. AR submitted that as the total income of the assessee

MARUTI CLEAN COAL AND POWER LTD.,RAIPUR vs. PR. COMMISIONER INCOME TAX-1, RAIPUR

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 55/Rpr/2021 "नधा"रण वष" / Assessment Year : 2011-12 Maruti Clean Coal & Power Ltd. Ward No.42, Building No.14, Civil Lines, Near Income Tax Colony, Chhattisgarh-492 001. Pan : Aadcm4810C .......अपीलाथ" / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax-1, Raipur (C.G.) ……""यथ" / Respondent Assessee By :Shri Salil Kapoor, Ms. Ananya Kapoor & Ms. Soumya Singh, Advocates. Revenue By :Shri P. K Mishra, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 05.08.2022 घोषणा क" तार"ख / Date Of Pronouncement : 31.10.2022

68,220/- Services equity shares Pvt. Ltd. 20/11/2011 Gupta Allotment of Equity-99404 10/- 790/- 7,95,50,039/- Coalfield & The assessee company has issued equity shares having face value of Rs.10/- per share at a high premium of Rs.790/- during the F.Y.2010-11 raising thereby a fund of Rs.176 crore. The difference of Fair Market Value per share and share

JOINT.COMMISSIONER OF INCOME TAX RANGE -I, BILASPUR(CG) vs. SOUTH EASTERN COALFIELDS LTD, BILASPUR(CG)

The appeals of the assessee are partly allowed for statistical purposes and the appeal of the Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury,Jm Sl.

rectification u/s.154 of the Act. [Relied on Garden Silk Mills Vs. CIT (1996) 221 ITR 861 (Guj.)] Accordingly, the AO has jurisdiction for rectifying the interest paid/payable on refund u/s. 154 of the I.T. Act and therefore, whatever the interest u/s.244A of the Act due to the assessee u/s.143(1) of the Act ought to be reduced from the interest

JOINT COMMISSIONER OF INCOME-TAX-RANGE-1,, BILASPUR vs. SOUTH EASTERN COALFIELDS LIMITED,, BILASPUR

The appeals of the assessee are partly allowed for statistical purposes and the appeal of the Revenue in ITA

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury,Jm Sl.

rectification u/s.154 of the Act. [Relied on Garden Silk Mills Vs. CIT (1996) 221 ITR 861 (Guj.)] Accordingly, the AO has jurisdiction for rectifying the interest paid/payable on refund u/s. 154 of the I.T. Act and therefore, whatever the interest u/s.244A of the Act due to the assessee u/s.143(1) of the Act ought to be reduced from the interest

HARBHAJAN SINGH LALWANI, DURG,DURG vs. ITO, WARD-1(1), BHILAI, BHILAI

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.727/Rpr/2025 "नधा"रण वष" /Assessment Year : 2015-16 Harbhajan Singh Lalwani Raipur Naka, Sindhi Colony, Durg-491 001 (C.G.) Pan: Ackpl6958N

rectification application filed under section 154 of the Income-tax Act, 1961, seeking restoration of the appeal erroneously dismissed on the ground of non-filing of submissions, despite the fact that the written submissions had already been filed physically before the Commissioner of Income-tax (Appeals), Raipur-2. 2. In the facts and circumstances of the case

M/S NRTMT(INDIA) PVT. LTD,RAIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-2, RAIPUR

In the result, while for the appeal/preliminary objection filed by the assessee company in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.03/Rpr/2021 "नधा"रण वष" / Assessment Year : 2018-19 M/S. Nr Tmt (India) Pvt. Ltd. Flat No.106, Goverdhan Tower, Chaitanya Nagar, Raigarh Pan: Aaecp8302R

154 of APB. 21. Apart from that, the Ld. AR submitted that as per Section 153D of the Act the approving authority is required to apply independent mind to the seized material for "each assessment year" in respect of "each assessee" separately. The Ld. AR took us through Section 153D of the Act. The Ld. AR in support

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-2, RAIPUR vs. M/S. N. R. TMT(INDIA) PVT. LTD., RAIGARH

In the result, while for the appeal/preliminary objection filed by the assessee company in ITA No

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.03/Rpr/2021 "नधा"रण वष" / Assessment Year : 2018-19 M/S. Nr Tmt (India) Pvt. Ltd. Flat No.106, Goverdhan Tower, Chaitanya Nagar, Raigarh Pan: Aaecp8302R

154 of APB. 21. Apart from that, the Ld. AR submitted that as per Section 153D of the Act the approving authority is required to apply independent mind to the seized material for "each assessment year" in respect of "each assessee" separately. The Ld. AR took us through Section 153D of the Act. The Ld. AR in support

ARUNA TIWARI,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAIPUR, RAIPUR

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 90/Rpr/2022 "नधा"रण वष" / Assessment Year : 2015-16 Smt. Aruna Tiwari 762, Sundar Nagar, Raipur (C.G.)-492 001 Pan: Adbpt4977B .......अपीलाथ" / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax-1, Raipur (C.G.) ……""यथ" / Respondent

68,160/- on 31.03.2015. But on perusal of the bank statement kept on record i.e. SBI and Jila Sahkari Bank Ltd. no such transaction are being reflected in these accounts. On perusal of balance sheet, it is found that the assessee has maintained four accounts during the year. But the statement of bank account maintained at SBI (KCC) and Vijaya