MADANLAL LODHA,RAIPUR vs. PR. COMMISSIONER OF INCOME TAX, RAIPUR-1

In the result, appeal of the assessee stands allowed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No: Ita 32/Rpr/2022 (Assessment Years:2017-18) Madanlal Lodha, V Pr. Commissioner Of Income Ta, C/O M/S Prakash Trading Comp. S Raipur-(I) Shop No. 109 & 110, Textile Market, Pandri, Raipur, (C.G.) (अपीलाथ"/Appellant) (""यथ" / Respondent) .. िनधा"रतीक"ओरसे /Assessee By : Shri R.B. Doshi, Ca राज"वक"ओरसे /Revenue By : Shri S.K. Meena, Cit-Dr सुनवाईक"तार"ख/ Date Of Hearing : 03-08-2023 घोषणाक"तार"ख/Date Of Pronouncement : 20-10-2023

section 68 of the Act and issue 3 regarding compensation of Rs. 71,75,902/- claimed as exemption u/s 96

SUN AND SUN INFRAMETRIC PVT. LTD.,RAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAIPUR

In the result, the appeal of the assessee is partly allowed

Bench: Shri Pradip Kumar Kedia & Shri N. K. Choudhryआयकर अपील सं./I.T.A. No.22/Rpr/2021 ("नधा"रण वष" / Assessment Year : 2016-17)

96,515/-. Thereafter, in exercise of jurisdiction under Section 263 of the Act, the case record of the assessment so made was called by the Revisional Commissioner. On its appraisal, the PCIT observed that the impugned assessment order is erroneous insofar as it is prejudicial to the interest of the Revenue. A show-cause notice dated 08.03.2021 (signed

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

Sections 68 and 69A. 6.5 Also, the rebuttal to each of the legal precedents cited by the appellant are as below: 6.5.1. Shree Sanand Textiles Industries Ltd. v. DCIT (ITA No. 1166/AHD/2014): In that case, books were maintained and verified. Here, no proper books were produced during assessment and self-attested cash book was filed only at appellate stage

SUBRAMANIAM SWAMINATHAN IYER, BHILAI,DURG vs. DEPUTY COMMISSIONER OF INCOME TAX-1(1), BHILAI, DURG

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

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.71/Rpr/2023 "नधा"रण वष" / Assessment Year : 2012-13 Subramaniam Swaminathan Iyer 12-A/7, Nehru Nagar, Bhilai (C.G.)-490 020 Pan: Anwps2381P

68,62,394/- 6.3. All the details have been perused. The appellant has argued that the amount of Rs.68,62,394/- was offered for tax only while explaining the credit entries of Rs.2.00 crore. The credit entry of Rs.2.00 crore has been separately added by the AO. Therefore, to the extent of Rs.68,62,394/-, 'here is double addition, which

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 :

68 of the Act , made by the AO who treated this entry also as the other two identical reimbursements which was treated as income by the assessee Firm itself, as income of the assessee?". 4. Whether on points of law and on facts & circumstances of the case, the Ld. CIT(A) was justified in deleting the addition

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 :

68 of the Act , made by the AO who treated this entry also as the other two identical reimbursements which was treated as income by the assessee Firm itself, as income of the assessee?". 4. Whether on points of law and on facts & circumstances of the case, the Ld. CIT(A) was justified in deleting the addition

SHRI SHAKTIDHAM INFRAVENTURE PRIVATE LIMITED,BILASPUR vs. PR. COMMISSIONER OF INCOME TAX, , BILASPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri N. K. Choudhryआयकर अपील सं./I.T.A. No. 71/Rpr/2020) ("नधा"रण वष" / Assessment Year : 2015-16)

68, 300/- and as per balance sheet he has made investment of Rs. 14,29,800/- in this company only arid he has no other asset. TOTAL 6711010 From the records it is seen that AO has not made proper examination/enquiry with respect to the source of share application money whereas these amount were got transferred from the account

M/S LNS INDUSTRIES LTD.,,DURG(CG) vs. DY. COMMISSIONER OF INCOME TAX, 1(1), BHILAI, BHILAI

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

section 68 of the Act is applicable from 01.04.2013 i.e. A.Y. 2013-14 and therefore not applicable to the subject assessment year as held by the Co-ordinate Bench of Mumbai in the case of Gagandeep Infrastructure Pvt. Ltd. in ITA 5784/Mum/2011 which was subsequently confirmed by the Hon’ble High Court of Bombay

INCOME TAX OFFICER-1(1), BILASPUR vs. MUSADDILAL MANSARAM INFRASTRUCTURE PVT. LTD. , BILASPUR

The appeal of the assessee is allowed, whereas the appeal of revenue stands dismissed

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 160/Rpr/2025 (िनधा"रण वष" Assessment Year: 2015-16)

96,406/- made under section 69C of the Act on account of unexplained expenditure incurred towards stamp duty and registration charges for the purchase of six immovable properties, solely relying on the sale deed stating that the seller bore these expenses, without verifying the actual source of funds and corroborative evidence? 4. Whether on the facts

MUSADDILAL MANSARAM INFRASTRUCTURE PVT. LTD., BILASPUR,BILASPUR vs. INCOME TAX OFFICER, WARD-1(1), BILASPUR, BILASPUR

The appeal of the assessee is allowed, whereas the appeal of revenue stands dismissed

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 160/Rpr/2025 (िनधा"रण वष" Assessment Year: 2015-16)

96,406/- made under section 69C of the Act on account of unexplained expenditure incurred towards stamp duty and registration charges for the purchase of six immovable properties, solely relying on the sale deed stating that the seller bore these expenses, without verifying the actual source of funds and corroborative evidence? 4. Whether on the facts

TIKAMCHAND SAHU,AINTHAPALI vs. INCOME TAX OFFICER, MAHASAMUND, MAHASAMUND

The appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.494/Rpr/2025 िनधा"रण वष" /Assessment Year: 2022-23 Tikamchand Sahu, Ainthapali Imfl Off Shop, Sambalpur, Odisha, 768004 Pan: Hejps3794R .......अपीलाथ" / Appellant बनाम / V/S.

68 of the Act as unexplained cash credit and as per the findings of the Ld. CIT(A)/NFAC, he has simply on summary basis had upheld the findings of the AO without specific enquiry and examination regarding the facts of this case. He has simply accepted the findings of the AO without bringing his own reasoning for upholding

RAJA MOHLE, KAWARDHA,KAWARDHA vs. INCOME TAX OFFICER-1(3), BHILAI, DURG

In the result, the appeal of the assessee is allowed as per aforesaid terms

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.821/Rpr/2025 "नधा"रण वष" /Assessment Year : 2017-18 Raja Mohle Chote Ragra, Indauri, Kawardha-491 336 (C.G.) Pan: Bvrpm0901R .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(3), Bhilai (C.G.) ……""यथ" / Respondent

96,000/- either before the Assessing Officer or the first appellate authority. Even before this appellate authority the appellant has not furnished any concrete evidence in support of its grounds of appeal raised in this appeal. Despite availing ample opportunities during the appellate proceedings, the appellant has been indifferent and defiant to the statutory proceedings and has failed to fight

M/S BHILAI JAYPEE CEMENT LIMITED,BHILAI(CG) vs. THE PR. COMMISSIONER OF INCOME TAX-2, RAIPUR (CG)

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No.113/Rpr/2016 "नधा"रण वष" / Assessment Year : 2011-12 M/S. Bhilai Jaypee Cement Limited 14B, F Pocket, Maroda, Bhilai. Pan : Aadcb1675Q .......अपीलाथ" / Appellant बनाम / V/S. The Pr. Commissioner Of Income Tax-2, Raipur (C.G.) ……""यथ" / Respondent

96 ITR 20 (Orissa); and (ii) Visveswarayya Iron and Steel Ltd. (1993) 199 ITR 98 (Karn.). However, the aforesaid contentions of the assessee company did not find favour with the Pr. CIT. It was observed by the Pr. CIT that the A.O while framing the assessment had not called for any confirmatory letter for the outstanding liabilities for verification

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) ..

section 153A should follow to the extent of any documents seized for any relevant assessment year and in any other year no case should be reopened where there is no incriminating documents. In the assessment order the AO has mentioned that certain incriminating documents in respect of the assessee were found. Addition has been made treating the share capital

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) ..

section 153A should follow to the extent of any documents seized for any relevant assessment year and in any other year no case should be reopened where there is no incriminating documents. In the assessment order the AO has mentioned that certain incriminating documents in respect of the assessee were found. Addition has been made treating the share capital

THE INCOME TAX OFFICER -1, RAIGARH, RAIGARH(CG) vs. SHRI SHRI PARMANAND GUPTA, RAIGARH, RAIGARH(CG)

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 82/Rpr/2017 Co. No. 02/Rpr/2022 "नधा"रण वष" / Assessment Year : 2008-09 The Income Tax Officer-1, Raigarh (C.G.) .......अपीलाथ" / Appellant बनाम / V/S. Shri Parmanand Gupta, Alochan Agrawal, L/H. Of Late Shri Parmanand Gupta, Prop. M/S. Balaji Handloom, 19/48, Palace Road, Raigarh (C.G.) Pan : Afdpg4961L ……""यथ" / Respondent

96,950/-. The return of income filed by the assessee was initially processed as such u/s. 143(1) of the Act. Subsequently, the case of the assessee was selected for scrutiny assessment under Sec. 143(2) of the Act. Original assessment was, thereafter, framed by the A.O vide his order passed u/s. 143(3), dated 18.06.2010 determining the income

MAYA DEVI AGRAWAL, RAIPUR,RAIPUR vs. INCOME TAX OFFICER-1(3), RAIPUR, RAIPUR

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

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 193/Rpr/2023 "नधा"रण वष" / Assessment Year : 2008-09 Maya Devi Agrawal Near Dena Bank, Dupan Para Kharora, Raipur (C.G.)-493 225 Pan : Acipa5876A .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(3), Raipur (C.G.) ……""यथ" / Respondent

68,875/-, 2002-03: Rs.87,259/-, 2003-04: Rs. 96,481/-, 2004-05: Rs. 45,2121- and in 2005-06 for construction of boundary wall & labour charges of Rs. 34,383/-, and claimed indexed cost of improvement of Rs. 4,01,816/-. She has submitted that as the property was in the name of her late husband the appellant

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, RAIPUR vs. LORD BUDDHA EDUCATIONAL SOCIETY, RAIPUR

In the result, the appeals of the revenue ITA Nos

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita Nos.188 To 193/Rpr/2019 (ननधाारण वषा / Assessment Year :2012-2013 To 2017-2018) Acit, Central Circle-1, Raipur(Cg) Vs M/S Lord Buddha Educational Society, M/S Raipur Institute Of Medical Sciences (Rims), Gram Godhi, Bhansoj Road, Office Nh-6, Raipur (Cg) Pan No. :Aaaal 3913 E (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

96] - Income-tax Authorities - Powers regarding discovery, production of evidence, etc. - Whether power of Assessing Officer under sections 131 (1) and 133(6) is distinct from and does 1I0t include the power to refer a matter to the Valuation Officer under section 55A, nor does section 142(2) allow him to do so - Held, yes - Whether report