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आयकर अपील(cid:547)य अ(cid:876)धकरण Ûयायपीठ रायपुर म(cid:581)।

IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, “DB” RAIPUR

BEFORE SHRI R.K PANDA, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER

आयकर अपील सं./ITA No.722/RPR/2025 CO No.28/RPR/2025

(cid:467)नधा(cid:91)रण वष(cid:91) /Assessment Year : 2011-12

The Assistant Commissioner of Income Tax, Central Circle-1, Raipur (C.G.)

........अपीलाथ(cid:568) / Appellant

बनाम / V/s.

Raj Kumar Lohia

8th Floor, CBD Complex, Sector-21, Atal Nagar, Nava Raipur (C.G.)

PAN: AADPL9544R

……(cid:292)×यथ(cid:568) / Respondent

आयकर अपील सं./ITA No.723/RPR/2025 CO No.08/RPR/2026

(cid:467)नधा(cid:91)रण वष(cid:91) /Assessment Year : 2011-12

The Assistant Commissioner of Income Tax, Central Circle-1, Raipur (C.G.)

........अपीलाथ(cid:568) / Appellant बनाम / V/s.

2 ITA Nos.722 & 723/RPR/2025 CO No.28/RPR/2025 CO No.08/RPR/2026

Vinod Kumar Lohia

8th Floor, CBD Complex, Sector-21, Atal Nagar, Nava Raipur (C.G.)

PAN: AAFPL4016N

……(cid:292)×यथ(cid:568) / Respondent

Assessee by : Shri R.B Doshi, CA Revenue by : Shri Rituparna Namdeo, CIT-DR

सुनवाई क(cid:551) तार(cid:547)ख / Date of Hearing : 04.08.2026 घोषणा क(cid:551) तार(cid:547)ख / Date of Pronouncement : 06.08.2026

आदेश / ORDER

PER PARTHA SARATHI CHAUDHURY, JM:

The captioned appeals preferred by the Revenue and corresponding cross objection by the assessee emanates from the respective orders of the Ld.CIT(Appeals), Raipur-3 dated 04.09.2025 for the

assessment year 2011-12 as per the grounds of appeal on record.

2. At the very outset, parties herein conceded that the facts and circumstances and issue involved in both these appeals a/w. corresponding cross objections are absolutely identical and similar, therefore, after recording their submissions, these matters were heard

together and disposed of vide this consolidated order.

3 ITA Nos.722 & 723/RPR/2025 CO No.28/RPR/2025 CO No.08/RPR/2026

3. The Ld. Counsel for the assessee further submitted that cross objection pressed before this Bench is supportive of order of the Ld. CIT(Appeals) only and therefore, if relief is sustained in the hands of the

assessee, cross objections would be academic only.

4. The Ld. CIT-DR on the other hand pressing the appeals of the Revenue submitted that ITA No.722/RPR/2026 for A.Y.2011-12 in the

case of Raj Kumar Lohia may be taken as lead case.

5. The brief facts in this case are that the assessee is a resident individual and derives income from salary, business, interest income and dividend during the year under consideration. In this case, a search and seizure operation u/s. 132 of the Income Tax Act, 1961 (for short ‘the Act’) was conducted on the residential/business premises of the assessee on 11.03.2016. That after being given proper opportunity of being heard, the case was centralized with ACIT(C)-1, Raipur. The relevant statutory notices were issued and served on the assessee. During the course of statement recording u/s.132(4) of the Act, the assessee disclosed Rs.2,00,00,000/- for the year under consideration as the assessee had brought into books by way of equity infusion in Lohia Paper & Board Pvt. Ltd. through M/s. Aakash Suppliers Pvt. Ltd.. However, the assessee retracted his statement given u/s.132(4) of the Act. Finally, the A.O added Rs.2,00,00,000/- based

on statement recorded during the search operation.

4 ITA Nos.722 & 723/RPR/2025 CO No.28/RPR/2025 CO No.08/RPR/2026

6. That when the matter went before the First Appellate Authority, it was held and observed as follows:

“Findings & Decisions: -

During the course of appeal proceedings, I have carefully considered the ground raised by the appellant, the facts and circumstances of the case in the assessment order for the year under consideration and the submissions made by the assessee and the remand report of the Id. AO in this case. The assessee has relied on various citations of different courts and submitted that there was no incriminating material found during the search operat