M/S. BINNY LIMITED,CHENNAI vs. DCIT, TDS,CIRCLE -1(1), CHENNAI

In the result the\norder of Ld

3) The provisions of section 203A shall not apply to a person required to\ndeduct tax in accordance with the provisions of this section. Explanation.—For the purposes of\nthis section,— (a) —agricultural land means agricultural land in India, not being a land\nsituate in any area referred to in items (a) and (b) of sub-clause (iii) of clause

M/S. BINNY LIMITED,CHENNAI vs. DCIT,TDS, CIRCLE-1(1), CHENNAI

In the result the\norder of Ld

3) The provisions of section 203A shall not apply to a person required to\ndeduct tax in accordance with the provisions of this section. Explanation.—For the purposes of\nthis section,— (a) —agricultural land means agricultural land in India, not being a land\nsituate in any area referred to in items (a) and (b) of sub-clause (iii) of clause

DCIT, CHENNAI vs. SIVA VENTURES LTD., CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

194 of the Act, was deducted by SICCL. The learned CIT(A) and AO have failed to appreciate the fact that deduction of tax from payment under the Chapter- XVII of the Act, would not change the character of the receipt in the hands of the appellant. 3. Treatment of Interest earned as income from other sources 3

SIVA INDUSTRIES AND HOLDINGS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

194 of the Act, was deducted by SICCL. The learned CIT(A) and AO have failed to appreciate the fact that deduction of tax from payment under the Chapter- XVII of the Act, would not change the character of the receipt in the hands of the appellant. 3. Treatment of Interest earned as income from other sources 3

DCIT, CHENNAI vs. SIVA VENTURES LTD., CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

194 of the Act, was deducted by SICCL. The learned CIT(A) and AO have failed to appreciate the fact that deduction of tax from payment under the Chapter- XVII of the Act, would not change the character of the receipt in the hands of the appellant. 3. Treatment of Interest earned as income from other sources 3

DCIT, CHENNAI vs. SIVA VENTURES LIMITED, CHENNAI

In the result, the assessee’s appeals in ITA No 1392/2016 for the

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

194 of the Act, was deducted by SICCL. The learned CIT(A) and AO have failed to appreciate the fact that deduction of tax from payment under the Chapter- XVII of the Act, would not change the character of the receipt in the hands of the appellant. 3. Treatment of Interest earned as income from other sources 3

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 115JB of the Act. Against the said return of income, the assessment was completed by the Assistant Commissioner of Income Tax, Central Circle (i/c) Salem (hereinafter called as ‘’Assessing Officer’’) vide order dated 31.03.2016 passed u/s. 143(3) of the Income Tax Act, 1961 (for short ‘the Act’) at total income of Rs. 194,61,35,917/-, while doing

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 115JB of the Act. Against the said return of income, the assessment was completed by the Assistant Commissioner of Income Tax, Central Circle (i/c) Salem (hereinafter called as ‘’Assessing Officer’’) vide order dated 31.03.2016 passed u/s. 143(3) of the Income Tax Act, 1961 (for short ‘the Act’) at total income of Rs. 194,61,35,917/-, while doing

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 115JB of the Act. Against the said return of income, the assessment was completed by the Assistant Commissioner of Income Tax, Central Circle (i/c) Salem (hereinafter called as ‘’Assessing Officer’’) vide order dated 31.03.2016 passed u/s. 143(3) of the Income Tax Act, 1961 (for short ‘the Act’) at total income of Rs. 194,61,35,917/-, while doing

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 115JB of the Act. Against the said return of income, the assessment was completed by the Assistant Commissioner of Income Tax, Central Circle (i/c) Salem (hereinafter called as ‘’Assessing Officer’’) vide order dated 31.03.2016 passed u/s. 143(3) of the Income Tax Act, 1961 (for short ‘the Act’) at total income of Rs. 194,61,35,917/-, while doing

NARASU'S SPINNING MILLS,SALEM vs. ACIT, SALEM

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

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.957/Mds/2015 "नधा"रण वष" / Assessment Year : 2011-12 M/S Narasu’S Spinning Mills, The Assistant Commissioner Of 9-E, Gandhi Road, V. Income Tax, Salem – 636 007. Circle –I(2), 3, Gandhi Road, Salem-636 007. Pan : Aabfn 5747 L (अपीलाथ"/Appellant) (""यथ"/Respondent)

TDS certificate subsequently. Therefore, there cannot be any disallowance. The Ld.counsel placed his reliance on the decision of the Jodhpur Bench of this Tribunal in ITO v. Pearl Organic Coatings (2004) 4 SOT 755, the decision of Mumbai Bench of this Tribunal in Karwat Steel Traders v. ITO (2013) 145 ITD 370 and Delhi Bench of this Tribunal in Vijaya

VNC STEEL DISTRIBUTORS,,KARUR vs. DCIT, CIRCLE-1(1), TRICHY

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

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1937/Chny/2024 & Stay Petition No: 40/Chny/2024 [In Ita No: 1937/Chny/2024)] िनधा"रणवष" / Assessment Year: 2017-18 Vnc Steel Distributors, Deputy Commissioner Of No.2, Industrial Estate, V. Income Tax, S. Vellalapatti, Circle -1(1), Karur – 639 004. Trichy. [Pan: Aadfv-9137-E] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. Abhinov Vaidyanathan, Advocate ""यथ"क"ओरसे/Respondent By : Shri. R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 21.08.2024 घोषणा क" तारीख/Date Of Pronouncement : 14.11.2024 आदेश /O R D E R

3) r.w.s. 263 of the Act by disallowing certain expenditure claimed by the assessee u/s.40(a)(ia) of the Act without accepting the submissions made by the assessee as TDS provisions are not applicable to these expenditures by presenting various facts and case laws in support of the same as detailed below: 4.6.1 Expenditure on account

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, TRICHY, TRICHY vs. NEELARAJ VINOTH, PERAMBALUR

In the result, the appeal of the assessee is dismissed

iii) The TDS deducted clearly finds place in the Form 26AS of the\nappellant for this year,\n(iv) The appellant had filed his ROI 27.10.2017 declaring income of\nRs.16,91,070/- and claiming total refund of Rs.14,00,520/- as he\nhad deducted TDS of Rs.18,31,395/- inclusive of TDS of Rs.\n17,00,989/-.\n(v) After

ITO, CORPORATE WARD -1 (1),, CHENNAI vs. M/S. ASSR INFRASTRUCTURE PVT. LTD.,, CHENNAI

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

Bench: Shri Mahavir Singh & Shri G. Manjunathaआयकर अपील सं./Ita No.: 3325/Chny/2019 िनधा"रण वष" / Assessment Year: 2015-16 Income Tax Officer, M/S. Assr Infrastructure Pvt Corporate Ward -1(1), V. Ltd., Chennai – 600 034. No. 6, Padmanabha Nagar, 2Nd Street, Adayar, Chennai – 600 020. [Pan: Aajca 5333J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Ar V Sreenivasan, Addl. Cit ""यथ" क" ओर से/Respondent By : Shri. V R Vasanthanarayanan, Fca सुनवाई क" तार"ख/Date Of Hearing : 09.11.2021 घोषणा क" तार"ख/Date Of Pronouncement : 30.11.2021 आदेश /O R D E R

3+2ITR605Y (SC) provided valuable touchstones for determining the admissibility of interest on borrowed capital. Under Section 36(i)(iii) of the I.T. Act, |any amount paid on account of interest becomes an admissible deduction if the interest was paid on :-8-: ITA. No: 3325/Chny/2019 the capital borrowed by the appellant and this: borrowing was for the purpose

RAMASAMI PALANISAMY,TIRUPUR vs. ITO, WARD-2(1), ERODE

In the result, appeal filed by the assessee is allowed

iii) Assessment order passed by the AO u/s.143(3) dated 30.12.2018\nin the case of Mr.TSRK [refer Page Nos.27-42 of the PB]\n(iv) Acknowledged Letter withdrawing the grounds raised by Mr. TSRK\nbefore the Ld. CIT(A) [refer Page Nos.42-43 of the PB].\n(iv) Copy of the assessment order passed u/s.153A of the Act dated\n10.08.2021

ROCA BATHROOM PRODUCTS PRIVATE LIMITED,CHENNAI vs. JCIT, CHENNAI

In the result, I.T.A. Nos

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.586/Mds/2014 & आयकर अपील सं./Ita No.610/Mds/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

III to section 194C; (v) “rent” shall have the same meaning as in clause (i) to the Explanation to section 194-I; (vi) “royalty” shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9;” Therefore, section 40(a)(ia) enables the assessing officer to disallow any payment towards interest, commission

DCIT, CHENNAI vs. PARRYWARE ROCA PVT. LTD., CHENNAI

In the result, I.T.A. Nos

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.586/Mds/2014 & आयकर अपील सं./Ita No.610/Mds/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

III to section 194C; (v) “rent” shall have the same meaning as in clause (i) to the Explanation to section 194-I; (vi) “royalty” shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9;” Therefore, section 40(a)(ia) enables the assessing officer to disallow any payment towards interest, commission

NEELARAJ VINOTH,PERAMBALUR vs. ACIT, CC-2, , TRICHY

In the result, the appeal of the revenue is dismissed and the CO filed by the assessee is dismissed

Bench: Shri George George K, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1982/Chny/2024 & C.O.No. 60/Chny/2024 िनधा"रण वष" / Assessment Year: 2017-18 Assistant Commissioner Of Neelaraj Vinoth, Income Tax, V. 274-C, Thuraiyur Road, Central Circle -2, Perambalur – 621 212, Trichy. Tamilnadu. [Pan: Ajupv-3588-M] (अपीलाथ"/Appellant) (Respondent/Cross Objector) आयकर अपील सं./Ita No.: 2119/Chny/2024 िनधा"रण वष" / Assessment Year: 2017-18 Neelaraj Vinoth, Assistant Commissioner Of 274-C, Thuraiyur Road, V. Income Tax, Perambalur – 621 212, Central Circle -2, Tamilnadu. Trichy. [Pan: Ajupv-3588-M] (अपीलाथ"/Appellant) (""यथ"/Respondent)

iii) Thus on examination of the bank statement of the Appellant, which is in the name of his concern viz. M/s. Dhanalakshmi Srinivasan Agencies made available before the undersigned, it is observed that once the auction was cancelled and the refund amount was credited to the Appellant's account, the loan amounts were again repaid to the creditors