INCOME TAX OFFICER, WARD-1(2), BHILAI vs. MESERS METEX ENGINEERS, BHILAI

In the result Ground No 8 of the revenue is dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.238/Rpr/2019 (Assessment Year: 2015-2016) M/S Metex Engineers, Vs Ito, Ward-1(2), Bhilai Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G & आयकर अपील सं./Ita No.247/Rpr/2019 (Assessment Year: 2015-2016) Ito, Ward-1(2), Bhilai Vs M/S Metex Engineers, Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri R.B.Doshi, Ca राज"व क" ओर से /Revenue By : Shri V.K.Singh, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 24/04/2023 घोषणा क" तार"ख/Date Of Pronouncement : 14/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

Section 68 as is mentioned in the ground, ledger copy of amount paid for providing Bank Guarantee on behalf of Refratechnik Steel GmbH, copy of Bank Guarantee along with fixed deposit receipts are placed on Page No. 81 to 99 of the Paper Book, copy of agreement between Refratechnik Steel GmbH and the assessee for Bank Guarantee is placed

MESERS METEX ENGINEERS,BHILAI vs. INCOME TAX OFFICER, WARD-1(2), BHILAI

In the result Ground No 8 of the revenue is dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.238/Rpr/2019 (Assessment Year: 2015-2016) M/S Metex Engineers, Vs Ito, Ward-1(2), Bhilai Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G & आयकर अपील सं./Ita No.247/Rpr/2019 (Assessment Year: 2015-2016) Ito, Ward-1(2), Bhilai Vs M/S Metex Engineers, Shop No.10-11, Ganesh Complex, Shakti Vihar, Risali Bhilai, Durg Pan No. :Aawfm 8852 G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri R.B.Doshi, Ca राज"व क" ओर से /Revenue By : Shri V.K.Singh, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 24/04/2023 घोषणा क" तार"ख/Date Of Pronouncement : 14/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

Section 68 as is mentioned in the ground, ledger copy of amount paid for providing Bank Guarantee on behalf of Refratechnik Steel GmbH, copy of Bank Guarantee along with fixed deposit receipts are placed on Page No. 81 to 99 of the Paper Book, copy of agreement between Refratechnik Steel GmbH and the assessee for Bank Guarantee is placed

SMT. SEEMA AGRAWAL,RAIGARH vs. INCOME TAX OFFICER , WARD -I, RAIGARH

In the result, the appeal of assessee is dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.179/Rpr/2017 (नििाारण वर्ा / Assessment Year :2011-2012) Seema Agrawal, Vs Ito, Ward-1, Raigarh Sewa Kunj Road, Near Girls College, Raigarh (C.G.) Pan No. : Affpa 4990 K (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) ..

68 discharged. No enquiry whatsoever by the AC) and the onus never shifted back to the assessee. In view of this, no addition could have been made. Reliance on: - i) CIT vs Orissa Corporation P. Ltd. (1986) 159 ITR 78 (SC) (PN 103 to 108 of PB). ii) CIT vs Metachem Industries

MADHU GOYAL, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-2(1), RAIPUR, RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.496/Rpr/2024 "नधा"रण वष" /Assessment Year : 2014-15 Smt. Madhu Goyal D-36, Wallfort City, Bhatagaon, Raipur-492 001 (C.G) Pan: Aeypg1038E .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-4(1), Raipur (C.G.) ……""यथ" / Respondent

section 68 of IT Act on account of long term capital gain derived from sale of listed equity shares without appreciating that the same script i.e. shares of M/s.Tilak Ventures Pvt. Ltd. are held to be genuine share by various court and also there is no allegation for appellants involvement in price rigging. Thus the addition made

AARTI SPONGE AND POWER LTD.,RAIPUR vs. PR. COMMISSIONER OF INCOME TAX, RAIPUR - 1, RAIPUR

In the result, appeal of the assessee stands dismissed

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

112 to 116 of PB, relevant finding at PN 1 15, para no. 7. - Colour Publications P. Ltd. vs Pr. CIT (2018) 196 TT.T 257 (Bom.), PN 117 to 127 of PB, relevant finding at PN 127, para no. 17. Revision order passed it's 263 is without jurisdiction, without application of mind and there is no error

D.C.I.T. CENTRAL CRICLE,, RAIPUR vs. DEVI IRON & POWER LIMITED, RAIPUR

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 267 & 268/Rpr/2014 Co Nos. 30 & 31/Rpr/2015 "नधा"रण वष" / Assessment Years : 2011-12 & 2012-13 The Deputy Commissioner Of Income Tax, Central Circle, Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Devi Iron & Power Pvt. Ltd. Mahamaya Tower, 3Rd & 4Th Floor, In Front Of Anupam Nagar, Near Varun Honda, G.E. Road, Raipur (C.G.) Pan : Aaeca3704G ……""यथ" / Respondent आयकर अपील सं. / Ita No.101/Rpr/2017 "नधा"रण वष" / Assessment Year : 2013-14 The Assistant Commissioner Of Income Tax (Central)-2, Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Devi Iron & Power Pvt. Ltd. B-08-09, Sector-C, Industrial Area, Urla, Sarora, Raipur (C.G.) Pan : Aabcd9753D ……""यथ" / Respondent Co Nos.30 & 31/Rpr/2015

68 of the Act. In reply, it was submitted by the assessee that as it had placed on record complete details of the aforesaid share applicants a/w. supporting documentary evidences, viz. name and address, copy of PAN card, certificate of incorporation, CO Nos.30 & 31/RPR/2015 memorandum of association, article of association, audited financial statements, copies of income-tax returns, bank statements

THE ASSISTANT COMMISSIONER OF INCOME-TAX-CENTRAL CIRCLE-2,RAIPUR, RAIPUR (CG) vs. M/S DEVI IRON & POWER PVT LTD., RAIPUR, RAIPUR (CG)

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 267 & 268/Rpr/2014 Co Nos. 30 & 31/Rpr/2015 "नधा"रण वष" / Assessment Years : 2011-12 & 2012-13 The Deputy Commissioner Of Income Tax, Central Circle, Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Devi Iron & Power Pvt. Ltd. Mahamaya Tower, 3Rd & 4Th Floor, In Front Of Anupam Nagar, Near Varun Honda, G.E. Road, Raipur (C.G.) Pan : Aaeca3704G ……""यथ" / Respondent आयकर अपील सं. / Ita No.101/Rpr/2017 "नधा"रण वष" / Assessment Year : 2013-14 The Assistant Commissioner Of Income Tax (Central)-2, Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Devi Iron & Power Pvt. Ltd. B-08-09, Sector-C, Industrial Area, Urla, Sarora, Raipur (C.G.) Pan : Aabcd9753D ……""यथ" / Respondent Co Nos.30 & 31/Rpr/2015

68 of the Act. In reply, it was submitted by the assessee that as it had placed on record complete details of the aforesaid share applicants a/w. supporting documentary evidences, viz. name and address, copy of PAN card, certificate of incorporation, CO Nos.30 & 31/RPR/2015 memorandum of association, article of association, audited financial statements, copies of income-tax returns, bank statements

D.C.I.T. CENTRAL CRICLE,, RAIPUR vs. DEVI IRON & POWER PVT LIMITED, RAIPUR

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos. 267 & 268/Rpr/2014 Co Nos. 30 & 31/Rpr/2015 "नधा"रण वष" / Assessment Years : 2011-12 & 2012-13 The Deputy Commissioner Of Income Tax, Central Circle, Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Devi Iron & Power Pvt. Ltd. Mahamaya Tower, 3Rd & 4Th Floor, In Front Of Anupam Nagar, Near Varun Honda, G.E. Road, Raipur (C.G.) Pan : Aaeca3704G ……""यथ" / Respondent आयकर अपील सं. / Ita No.101/Rpr/2017 "नधा"रण वष" / Assessment Year : 2013-14 The Assistant Commissioner Of Income Tax (Central)-2, Raipur (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. M/S. Devi Iron & Power Pvt. Ltd. B-08-09, Sector-C, Industrial Area, Urla, Sarora, Raipur (C.G.) Pan : Aabcd9753D ……""यथ" / Respondent Co Nos.30 & 31/Rpr/2015

68 of the Act. In reply, it was submitted by the assessee that as it had placed on record complete details of the aforesaid share applicants a/w. supporting documentary evidences, viz. name and address, copy of PAN card, certificate of incorporation, CO Nos.30 & 31/RPR/2015 memorandum of association, article of association, audited financial statements, copies of income-tax returns, bank statements

M/S SCC INVESTMENT ,RAIGARH vs. INCOME TAX OFFICER WARD - I, RAIGARH

In the result, appeal of the assessee is dismissed

68 discharged. No enquiry whatsoever by the AC) and the onus never shifted back to the assessee. In view of this, no addition could have been made. Reliance on: - 4 i) CIT vs Orissa Corporation P. Ltd. (1986) 159 ITR 78 (SC) (PN 103 to 108 of PB). ii) CIT vs Metachem Industries

D.C.I.T. CENTRAL CRICLE,, RAIPUR vs. SHREE SHYAM SPONGE & POWER P.LTD, RAIPUR

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

Section 68 of the Act. It was observed that the assessee had failed to prove the ITA Nos. 243 to 249/RPR/2014 a/w. CO Nos. 18 to 24/RPR/15 (Shree Shyam Sponge & Power Ltd. & Ors.) - 4 – genuineness and creditworthiness of the share applicants (subscribers). The AO also observed that the assessee has suppressed the yield of sponge iron qua the consumption

D.C.I.T. CENTRAL CRICLE,, RAIPUR vs. SHREE SHYAM SPONGE & POWER P.LTD, RAIPUR

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

Section 68 of the Act. It was observed that the assessee had failed to prove the ITA Nos. 243 to 249/RPR/2014 a/w. CO Nos. 18 to 24/RPR/15 (Shree Shyam Sponge & Power Ltd. & Ors.) - 4 – genuineness and creditworthiness of the share applicants (subscribers). The AO also observed that the assessee has suppressed the yield of sponge iron qua the consumption

D.C.I.T. CENTRAL CRICLE,, RAIPUR vs. SHREE SHYAM SPONGE & POWER P.LTD, RAIPUR

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

Section 68 of the Act. It was observed that the assessee had failed to prove the ITA Nos. 243 to 249/RPR/2014 a/w. CO Nos. 18 to 24/RPR/15 (Shree Shyam Sponge & Power Ltd. & Ors.) - 4 – genuineness and creditworthiness of the share applicants (subscribers). The AO also observed that the assessee has suppressed the yield of sponge iron qua the consumption

D.C.I.T. CENTRAL CRICLE,, RAIPUR vs. SHREE SHYAM SPONGE & POWER P.LTD, RAIPUR

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

Section 68 of the Act. It was observed that the assessee had failed to prove the ITA Nos. 243 to 249/RPR/2014 a/w. CO Nos. 18 to 24/RPR/15 (Shree Shyam Sponge & Power Ltd. & Ors.) - 4 – genuineness and creditworthiness of the share applicants (subscribers). The AO also observed that the assessee has suppressed the yield of sponge iron qua the consumption

D.C.I.T. CENTRAL CRICLE,, RAIPUR vs. SHREE SHYAM SPONGE & POWER P.LTD, RAIPUR

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

Section 68 of the Act. It was observed that the assessee had failed to prove the ITA Nos. 243 to 249/RPR/2014 a/w. CO Nos. 18 to 24/RPR/15 (Shree Shyam Sponge & Power Ltd. & Ors.) - 4 – genuineness and creditworthiness of the share applicants (subscribers). The AO also observed that the assessee has suppressed the yield of sponge iron qua the consumption

SMT. SONI JHA, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-1(2), RAIPUR, RAIPUR

In the result, the assessee's appeal is allowed for statistical purposes in terms of my observations above

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 118/Rpr/2023 "नधा"रण वष" / Assessment Year : 2013-14 Smt. Soni Jha 11, 557, Om Shanti Nagar, Pt. Dindayal Upadhyay Nagar, Naya Talab, Gadhiyari, Raipur-492 001 (C.G.) Pan : Arcpj5940M .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-1(2), Raipur (C.G.) ……""यथ" / Respondent

Section 69 of the Income Tax Act, 1961 inasmuch as the assessee had duly explained the source of investment, hence, the addition so made is bad-in-law and liable to be deleted. It is prayed that the addition of Rs.43,86,112/- made by the Learned A.0 and confirmed by the CIT (Appeal) may kindly be deleted

DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR, RAIPUR vs. USHA DEVI SINGHANIA, RAIPUR

In the result, appeal of the revenue in ITA No

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.269 & 270/Rpr/2025 "नधा"रण वष" / Assessment Years : 2013-14 & 2015-16 The Deputy Commissioner Of Income Tax-1(1), Raipur (C.G.)

112) 3rd. The AO has to consider 21 ACIT-1(1), Raipur Vs. Usha Devi Singhania ITA Nos. 269 & 270/RPR/2025 response of the Assessee u/s 148A(c), pass order u/s 148A(d) and issue notice u/s 148 of New regime, all these procedures has to happen within the surviving period (Para-111) 4th. Only notices issued within the surviving period

DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR vs. USHA DEVI SINGHANIA, RAIPUR

In the result, appeal of the revenue in ITA No

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.269 & 270/Rpr/2025 "नधा"रण वष" / Assessment Years : 2013-14 & 2015-16 The Deputy Commissioner Of Income Tax-1(1), Raipur (C.G.)

112) 3rd. The AO has to consider 21 ACIT-1(1), Raipur Vs. Usha Devi Singhania ITA Nos. 269 & 270/RPR/2025 response of the Assessee u/s 148A(c), pass order u/s 148A(d) and issue notice u/s 148 of New regime, all these procedures has to happen within the surviving period (Para-111) 4th. Only notices issued within the surviving period

KAMLESH KUKREJA, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-1(1), RAIPUR, RAIPUR

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 379/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16)

112). (vi) In terms of aforesaid submissions, it is further clarified by the Ld. AR that the notice u/s 148 (under new regime) was also required to be issued on or before 09.06.2022, whereas the same was issued on 29.07.2022. (Copy placed before us at page no. 7 & 8 of the APB- relevant portion extracted). 10 Kamlesh Kukreja