ITO, WARD-3, VELLORE vs. V M VENKATESA MUDALIAR & SONS, ARAKKONAM

In the result, the appeal filed by the Revenue stands dismissed

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. No.922/Chny/2019 "नधा"रण वष" /Assessment Year : 2011-2012. The Income Tax Officer, Vs. M/S. V.M. Venkatesa Mudaliar & Sons, Ward 3, 42-A, Melkalathur Village, Vellore Karnam Street, Arakkonam 631 001. [Pan Aaefv 5324J] (अपीलाथ"/Appellant) (""यथ"/Respondent)

147 of the Act. 4. Being aggrieved, an appeal was preferred before the ld.CIT(A) contesting validity of reopening proceedings on the ground that the Assessing Officer had no reason to believe that income had escaped assessment, on mere change of opinion the reassessment proceedings are initiated and there is no failure on the part of the assessee to disclose

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 147 of the Act, on receipt of the information subsequently. The subsequent information on the basis of which the Income- tax Officer acquired reasons to believe that income chargeable to tax had escaped assessment on account of the omission of the assessee to make a full and true disclosure of the primary facts was relevant, reliable and specific

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 147 of the Act, on receipt of the information subsequently. The subsequent information on the basis of which the Income- tax Officer acquired reasons to believe that income chargeable to tax had escaped assessment on account of the omission of the assessee to make a full and true disclosure of the primary facts was relevant, reliable and specific

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 147 of the Act, on receipt of the information subsequently. The subsequent information on the basis of which the Income- tax Officer acquired reasons to believe that income chargeable to tax had escaped assessment on account of the omission of the assessee to make a full and true disclosure of the primary facts was relevant, reliable and specific

ACIT CENTRAL CIRCLE, SALEM vs. THRIVENI EARTHMOVERS PVT. LTD., SALEM

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. Nos. 2280, 2281, 2282 & 2283/Chny/2018 "नधा"रण वष" /Assessment Years :2011-12, 2012-13, 2013-14 & 2014-15 The Assistant Commissioner Vs. M/S. Thriveni Earthmovers Pvt Ltd, Of Income Tax, 22/110, Greenways Road, Central Circle, Fairlands, Salem Salem 636 016. [Pan Aabct 6759R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 147 of the Act, on receipt of the information subsequently. The subsequent information on the basis of which the Income- tax Officer acquired reasons to believe that income chargeable to tax had escaped assessment on account of the omission of the assessee to make a full and true disclosure of the primary facts was relevant, reliable and specific

ACIT NON CORP CIRCLE 1 (1) FORMERLY KNOWN AS BUSINESS CIRCLE 1, CHENNAI vs. M/S DEOLITE HASKINS & SELLS, CHENNAI

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

TDS without any further delay. This ground is allowed for statistical purposes. 19. The next ground is related to levy of interest u/s 234D to the extent of 6,10,636. 20. The Assessing Officer is directed to examine the applicability of interest u/s 234D and levy correct amount of interest. 21. In the result, the appeal of the assessee

ACIT NON CORP CIRCLE 1 (1) FORMERLY KNOWN AS BUSINESS CIRCLE 1, CHENNAI vs. M/S DEOLITE HASKINS & SELLS, CHENNAI

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

TDS without any further delay. This ground is allowed for statistical purposes. 19. The next ground is related to levy of interest u/s 234D to the extent of 6,10,636. 20. The Assessing Officer is directed to examine the applicability of interest u/s 234D and levy correct amount of interest. 21. In the result, the appeal of the assessee

ACIT NON CORP CIRCLE 1 (1) FORMERLY KNOWN AS BUSINESS CIRCLE 1, CHENNAI vs. M/S DEOLITE HASKINS & SELLS, CHENNAI

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

TDS without any further delay. This ground is allowed for statistical purposes. 19. The next ground is related to levy of interest u/s 234D to the extent of 6,10,636. 20. The Assessing Officer is directed to examine the applicability of interest u/s 234D and levy correct amount of interest. 21. In the result, the appeal of the assessee

WALLACE SPORTS AND RESEARCH FOUNDATION ,CHENNAI vs. ACIT NON CORPORATE CIRCLE 3 , CHENNAI

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

Bench: Shri Chandra Poojari

section 147. 15 11. In the present case, the reasons disclosed that the AO reached the belief that there was an escapement of income on verification of the documents, which were already on record, and it was seen that assessee has not deducted TDS

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, TIRUNELVELI, TIRUNELVELI vs. MS.AARTHI SCANS, KOVILPATTI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Singhand Shri Jagadish

section 147 of IT Act. This issue inter- alia came for adjudication of Hon'ble Supreme Court recently in the case of NDTV vs DCIT CA no.1008 of 2020. Wherein approving the earlier decision of Hon'ble Supreme Court in the case of Calcutta Discount Company Ltd that once the primary facts which are material for assessment was disclosed

DCIT CENTRAL CIRCLE-3(1), CHENNAI vs. SANTHA BUILD TECH INIDA PRIVATE LIMITED, EKKATUTHANGAL

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Singh & Shri Manjunatha.G

section 147 of the Act. It is also seen that the reopening is done only on the basis that the assessee has not deducted TDS

MANIPAL FINANCIAL SERVICES,CHENNAI vs. ITO, BUSINESS WARD XV(4), CHENNAI

In the result, the appeal filed by the assessee is allowed

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.:947/Chny/2024 िनधा"रण वष"/Assessment Year:2005-06 Manipal Financial Services, The Income Tax Officer, 328, Plaza Centre, Business Ward Xv(4), Vs. 129 Gn Chetty Road, Chennai. Chennai – 600 006. Pan: Aakfm 7449R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms. R.Anita, Jcit सुनवाई क" तारीख/Date Of Hearing : 10.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.09.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi In Order No.Itba/Nfac/S/250/2023-24/ 1061661390(1) Dated 28.02.2024. The Assessment Was Framed By The Income Tax Officer, Business Ward Xv(4), Chennai For The Assessment Year 2005-06 U/S.147 R.W.S. 143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 25.03.2013. 2. The First Issue In This Appeal Of Assessee Is As Regards To The Order Of Cit(A)-Nfac Confirming The Action Of The Ao In Assuming Jurisdiction U/S.147 Of The Act & Consequently Confirmed The Reassessment Order.

section 147 of the Act. The ld.counsel stated that during original assessment proceedings, the assessee has filed return of income in Form No.2B wherein assessee has enclosed the following three details:- 1) Statement of Income 2) TDS

N.BALADANDAYUDAM, REP BY POWER HOLDER R.RAVICHANDRAN ,ERODE vs. ITO NON CORPORATE WARD 5(2) , COIMBATORE

In the result, appeals of the assessee for the assessment year 2010-2011 is allowed whereas as those for assessment years

Bench: Shri Abraham P. George]

TDS of Rs.60,318/- has been deducted. On verification in ITO, it is seen that assessee has failed to file his return of income for the A. Y.2010-11. The source for the investment in share transactions wherein the transactions have been made to the tune of Rs.2,04,56,948/- as well as the salary income have to be brought

N.BALADANDAYUDAM, REP BY POWER HOLDER R.RAVICHANDRAN ,ERODE vs. ITO NON CORPORATE WARD 5(2) , COIMBATORE

In the result, appeals of the assessee for the assessment year 2010-2011 is allowed whereas as those for assessment years

Bench: Shri Abraham P. George]

TDS of Rs.60,318/- has been deducted. On verification in ITO, it is seen that assessee has failed to file his return of income for the A. Y.2010-11. The source for the investment in share transactions wherein the transactions have been made to the tune of Rs.2,04,56,948/- as well as the salary income have to be brought

SUNDARAM FASTENERS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal filed by the assessee in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 147. 2.1 The Commissioner of Income Tax (Appeals) ought to have found that assessment completed u/s.143(3) cannot be reopened beyond four years unless there is failure on the part of the assessee to disclose fully and truly all material facts for completing the assessment. 2.2 The Commissioner of Income Tax (Appeals) should have found that reopening of Assessment

DCIT, CORPORATE CIRCLE 6(2), CHENNAI vs. SUNDARAM FASTENERS LTD, CHENNAI

In the result, the appeal filed by the assessee in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 147. 2.1 The Commissioner of Income Tax (Appeals) ought to have found that assessment completed u/s.143(3) cannot be reopened beyond four years unless there is failure on the part of the assessee to disclose fully and truly all material facts for completing the assessment. 2.2 The Commissioner of Income Tax (Appeals) should have found that reopening of Assessment

ACIT, CENT CIRCLE-1, TRICHY vs. M/S MANGAL & MANGAL, TRICHY

In the result, appeal filed by the revenue is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 511/Chny/2022 िनधा"रण वष" / Assessment Year: 2012-13 The Assistant Commissioner Of M/S. Mangal & Mangal, Income Tax, V. 25, N.S.B. Road, Teppakulam, Central Circle -2, Trichy – 620 002. No. 44, Williams Road, [Pan: Aaifm-3378-B] Cantonment, Trichy – 620 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate : Shri. Nlay Baran Som, Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 06.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 09.04.2024 आदेश /O R D E R

section 147 and reopening of assessment was justified". 2.8 The Ld. CIT(A) failed to consider the decision of Hon'ble Madras High Court in the case of Cairn India Ltd reported in 130 taxmann.com 167 (2021) wherein the Court has held that, "Where assessment was sought to be reopened in the case of assessee on ground that assessee

DCIT,CC-2(1), CHENNAI vs. M/S, JAN DE NUL DREDGING (I)(P)LTD, CHENNAI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.870/Chny/2020 िनधा"रण वष"/Assessment Year: 2011-12 The Deputy Commissioner Of Vs. M/S. Jan De Nul Dredging (I)(P) Ltd., “Capital”, 10Th Floor, No. 554/555, Income Tax, Corporate Circle 2(1), Room No. 511, 5Th Floor, Wanaparthy Mount Road, Chennai 600 018. Block, No. 121, M.G. Road, Chennai 600 034. [Pan:Aaacj6482G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Hema Bhupal, Jcit ""थ" की ओर से/Respondent By : Shri Ashik Shah, C.A. & Ms. C. Sowndarya, C.A. सुनवाई की तारीख/ Date Of Hearing : 02.02.2023 घोषणा की तारीख /Date Of Pronouncement : 08.02.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 6, Chennai, Dated 26.08.2020 Relevant To The Assessment Year 2011-12. 2. Facts Are, In Brief, That The Assessee Is Engaged In The Business Of Dredging Services & Filed Its Return Of Income For The Assessment Year 2011-12 On 30.11.2011 Admitting Total Income Of ₹.3,86,20,850/-. The Return Filed By The Assessee Was Initially Processed Under Section 143(1)

TDS provisions. Thus, it is amply clear that on the basis of very same materials furnished by the assessee, the Assessing Officer issued the notice under section 148 of the Act and reopened the assessment under section 147

M/S. GLOBAL TRADING CO.,CHENNAI vs. ITO, NON CORPORATE WARD-3(1), CHENNAI

In the result, the appeal filed by the assessee is allowed

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 147 of I.T. Act does not give the appellant immunity from reopening u/s 147 / issue of notice u/s 148 is considered valid and the re-assessment is upheld. The additional grounds raised are rejected and the other grounds are taken up on merit.” Aggrieved, now assessee is in appeal before the Tribunal. 5. We have heard the ld.Senior