SHRI ASHIT KUMAR DEY,JAGDALPUR vs. INCOME TAX OFFICER, JAGDALPUR

The appeal of the assessee is allowed

Bench: Shri Ravish Sood () & Shri Rathod Kamlesh Jayantbhai (Accountantmember) I.T.A. No. 119/Rpr/2018 (Assessment Year: 2009-10) Shri Ashit Kumar Dey The Income Tax Officer Uttam Kumar Dey, Vs. Aayakar Bhawan, Fish Market, Sanjay Behind Khankar Market,Jagdalpur, Talkies,Civil Lines, Bastar - 494 001 Jagdalpur(C.G.) Pan No. Ajxpd4157D (Assessee) (Revenue) Assessee By : Shri S. R. Rao, Advocate Revenue By : Shri G. N. Singh, D.R Date Of Hearing : 07/06/2022 Date Of Pronouncement: 09/06/2022

Section 68 of the Act. Therefore, on this count itself the impugned addition Rs.10,53,000/- deserves to be deleted. 9

HARJINDAR SINGH BAL,DURG vs. INCOME TAX OFFICER, WARD-2(1), BHILAI

The appeal of the assessee is partly allowed in terms of the aforesaid observations

Bench: Shri Ravish Soodआयकर अपील सं./ Ita No. 57/Rpr/2020 "नधा"रण वष" / Assessment Year : 2010-11 Shri Harjindar Singh Bal Ward- No.29, Hospital Colony, Durg (C.G.)-491 001 Pan : Adepb7178F .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-2(1), Bhilai (C.G.). ……""यथ" / Respondent

9. That on the facts and circumstances of the case the interest charged should be deleted from the income tax computation.” Also the assessee has raised an additional ground of appeal which reads as under: “On the facts and in the circumstances of the case, the order passed u/s.147 r.w.s. 143(3) is liable to be quashed as the order

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE- 1(1), BHILAI vs. SHRI NITIN SANKHLA, DURG

In the result, grounds no 2 to 7 on this single issue of the appeal of the revenue are dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.98/Rpr/2020 (Assessment Year: 2017-18) Asstt. Commissioner Of Income Tax- Vs Shri Nitin Sankhla 1(1), Bhilai 1St Floor, Navkar Bullion, Above Navin Jeweller, Jawahar Chowk, Durg Pan No. :Bbups 4874 C (अपीलाथ" /Appellant) (""यथ" / Respondent) .. : Shri Ravi Agarwal, Ca "नधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By : Shri Ila M. Parmar, Cit- Dr सुनवाई क" तार"ख / Date Of Hearing : 02/06/2023 घोषणा क" तार"ख/Date Of Pronouncement : 08/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

9 persons and has discharged its primary owns to prove the identity credit worthiness and genuineness of the transaction as required under provisions of section 68

MESERS S R INGOSTS PRIVATE LIMITED ,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAIPUR

In the result Revised Ground no 4 of the assessee is partly allowed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.04/Rpr/2020 (Assessment Year: 2011-2012) M/S S R Ingots Pvt. Ltd., Vs Acit, Cc-1, Raipur House No.16, Opp.Cg Gramin Bank, Choubey Colony, Raipur Pan No. :Aaics 5559 D (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Ajoy Kumar Singh & Smt. Surbhi Jain, Ars राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 12/04/2023 घोषणा क" तार"ख/Date Of Pronouncement : 09/06/2023 आदेश / O R D E R Per Arun Khodpia, Am :

9 provisions of section 68 of the I.T. Act since, were received in the F.Y 2009- 10 relevant to A.Y 2010-11, thus

INCOME TAX OFFICER, WARD-1(1), BILASPUR vs. M/S JAYEM HOLDING PVT. LTD., BILASPUR

In the result, appeal filed by the department in ITA no

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am

68. (ii) The AO has made the addition because the assessee company was not carrying on any business activity during the previous year relevant to assessment year 2014-15 and the AO found that the share applicant companies are closely held company of the assessee company. Further, the director of Third Eye Vinimay Pvt Ltd and Moon Shine Mercantile

M/S PURVI FINVEST LIMITED,BILASPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1),, BILASPUR

In the result, appeal of the assessee company being devoid and bereft of any merit is dismissed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

Section 68 of the Act (as had been made available on the statute vide the Finance Act, 2012 w.e.f. 01.04.2013), observed that in the absence of an explanation as regards the source of the funds from where the share applicant/subscriber companies had made the respective investments with the assessee company, the onus that was cast upon the latter

INCOME TAX OFFICER, WARD 2(1), RAIPUR vs. MESERS ARYAN BUILDERS AND DEVELOPERS PRIVATE LIMITED, RAIPUR

In the result, both appeal of the revenue and cross objection of the assessee stand dismissed in terms of our observations

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

section 68 of assessee- company. 8. In support of its case, the assesse inter-alia wishes to rely on some recent judicial pronouncements on similar facts as under: Sr. Case Reference Decision laid down by the No. Judiciary 1. Calcuttta HC in the The issue before the Calcutta High case of PRINCIPAL court in the case of PCIT

EAST WEST FINVEST INDIA LIMITED,BILASPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1(1), BILASPR

In the result, appeal of the assessee company being devoid and bereft of any merit is dismissed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

Section 68 of the Act (as had been made available on the statute vide the Finance Act, 2012 w.e.f. 01.04.2013), observed that in the absence of an explanation as regards the source of the funds from where the share applicant/subscriber companies had made the respective investments with the assessee company, the onus that was cast upon the latter

M/S TRIMURTHY FINVEST LIMITED,BILASPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), BILASPUR

In the result, appeal of the assesse company being devoid and bereft of any merit is dismissed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

Section 68 of the Act (as had been made available on the statute vide the Finance Act, 2012 w.e.f. 01.04.2013), observed that in the absence of an explanation as regards the source of the funds from where the share applicant/subscriber companies had made the respective investments with the assessee company, the onus that was cast upon the latter

AGRAWAL INFRABUILD PRIVATE LIMITED ,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, RAIPUR

In the result, both appeals of the assessee are allowed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.10 & 11/Rpr/2020 (ननधाारण वषा / Assessment Year :2013-2014 & 2014-2015) Agrawal Infrabuild Private Limited, Vs Acit, Central Circle-Ii, Raipur 1St Floor, V.R.Plaza, Bilaspur Pan No. :Aafca 6636 C (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

68. The addition made by the A.O. and confirmed by by Ld CIT-A, were unjustified, unwarranted and uncalled for. 9. In continuation, Ld AR further drew our attention to the submission of the assessee before the Ld AO during the post search assessment proceedings submitted on 13.11.2018, the same is extracted as under:- TO, The Assistant Commissioner of Income

AGRAWAL INFRABUILD PRIVATE LIMITED ,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, RAIPUR

In the result, both appeals of the assessee are allowed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.10 & 11/Rpr/2020 (ननधाारण वषा / Assessment Year :2013-2014 & 2014-2015) Agrawal Infrabuild Private Limited, Vs Acit, Central Circle-Ii, Raipur 1St Floor, V.R.Plaza, Bilaspur Pan No. :Aafca 6636 C (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

68. The addition made by the A.O. and confirmed by by Ld CIT-A, were unjustified, unwarranted and uncalled for. 9. In continuation, Ld AR further drew our attention to the submission of the assessee before the Ld AO during the post search assessment proceedings submitted on 13.11.2018, the same is extracted as under:- TO, The Assistant Commissioner of Income

NISHA NANWANI, RAIPUR,RAIPUR vs. ITO, WARD 2(1), RAIPUR, RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.352/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Nisha Nanwani Shail Villa, Flat No.502, Block-C, Maruti Life Style, Kota-492 001 (C.G.) Pan: Atepn5440L .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-2(1), Raipur (C.G.) ……""यथ" / Respondent

Section 68 of the Act. 9 Nisha Nanwani Vs. ITO, Ward-2(1), Raipur (C.G.) In view of the above

MESERS GOYAL ENERGY & STEEL PRIVATE LIMITED,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAIPUR

In the result, all the appeals filed by the assessee vide ITA No

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

section 68 as well as payment of commission @ .05%. Further aggrieved, the assessee has filed these appeals before Tribunal. 6. We have heard the submissions of the learned authorised representative (AR) for the assessee and the learned Commissioner of Income-tax- departmental representative (CIT-DR) for the revenue and have gone through the material on record. We have also

MESERS GOYAL ENERGY & STEEL PRIVATE LIMITED,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAIPUR

In the result, all the appeals filed by the assessee vide ITA No

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

section 68 as well as payment of commission @ .05%. Further aggrieved, the assessee has filed these appeals before Tribunal. 6. We have heard the submissions of the learned authorised representative (AR) for the assessee and the learned Commissioner of Income-tax- departmental representative (CIT-DR) for the revenue and have gone through the material on record. We have also

MESERS GOYAL ENERGY & STEEL PRIVATE LIMITED,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAIPUR

In the result, all the appeals filed by the assessee vide ITA No

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

section 68 as well as payment of commission @ .05%. Further aggrieved, the assessee has filed these appeals before Tribunal. 6. We have heard the submissions of the learned authorised representative (AR) for the assessee and the learned Commissioner of Income-tax- departmental representative (CIT-DR) for the revenue and have gone through the material on record. We have also

MESERS GOYAL ENERGY & STEEL PRIVATE LIMITED,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAIPUR

In the result, all the appeals filed by the assessee vide ITA No

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

section 68 as well as payment of commission @ .05%. Further aggrieved, the assessee has filed these appeals before Tribunal. 6. We have heard the submissions of the learned authorised representative (AR) for the assessee and the learned Commissioner of Income-tax- departmental representative (CIT-DR) for the revenue and have gone through the material on record. We have also

MESERS GOYAL INFRAVENTURES PRIVATE LIMITED,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAIPUR

In the result, all the appeals filed by the assessee vide ITA No

Bench: Shri Pradip Kumar Kedia & Shri Pawan Singh

section 68 as well as payment of commission @ .05%. Further aggrieved, the assessee has filed these appeals before Tribunal. 6. We have heard the submissions of the learned authorised representative (AR) for the assessee and the learned Commissioner of Income-tax- departmental representative (CIT-DR) for the revenue and have gone through the material on record. We have also

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), RAIPUR vs. MESERS VANDANA ISPAT LIMITED, RAIPUR

In the result, the appeal of revenue is dismissed

9. In the matter of Lovely Exports P. Ltd. [2009] 319ITR (St.) 5, the question before the hon'ble Supreme Court was—whether the amount of share money can be regarded as undisclosed income under section 68