VANITHA TEXTILES,PALLADAM vs. DCIT, CPC, BANGALORE

The appeal stands allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

TDS provisions. The assessee preferred further appeal against the same and submitted that the dues were deposited well before due date of filing of return of income u/s 139(1). However, Ld. CIT(A) upheld the disallowances in terms of amendment brought in by Finance Act, 2021 in Sec. 36(1)(va) as well as in Sec. 43B. The disallowance

M/S SREE LAKSHMI VENKATESWARA SPINNING MILLS (P) LTD.,PALLADAM vs. DCIT,CPC,, BENGALURU

The appeal stands allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

TDS provisions. The assessee preferred further appeal against the same and submitted that the dues were deposited well before due date of filing of return of income u/s 139(1). However, Ld. CIT(A) upheld the disallowances in terms of amendment brought in by Finance Act, 2021 in Sec. 36 as well as in Sec. 43B. Aggrieved, the assessee

M/S. HAMOSONS EXPORTS PVT. LTD.,,CHENNAI vs. DCIT, CORPORATE CIRCLE - 2 (2),, CHENNAI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Aby T. Varkey & Shri G. Manjunathaआयकर अपीलसं./I.T.A.No.623/Chny/2020 (िनधा"रण वष" / Assessment Year: 2015-16) M/S. Hamosons Exports P.Ltd Vs The Deputy Commissioner Of 15A, H.M. Centre, 1St Floor Income Tax, Nungambakkam High Road, Corporate Circle-2(2) Nungambakkam, Chennai. Chennai-600 034. Pan: Aaach 0874H (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ"कीओरसे/ Appellant By : Mr. N.Arjun Raj, C.A For Mr. S. Sridhar, Advocate ""थ"कीओरसे/Respondent By : Mr. D. Hema Bhupal, Jcit सुनवाईकीतारीख/Date Of Hearing 20.03.2023 : घोषणाकीतारीख /Date Of Pronouncement : 24.03.2023 आदेश / O R D E R Per Aby T. Varkey, Jm:

TDS on the repayment of interest and therefore, according to him section 40(a)(ia) of the Act is attracted, since payment has been made to M/s.Edelweiss and not to Canara Bank. Thus, he confirmed the action of the AO. Aggrieved, the assessee is now before us. 5. We have heard both the parties and perused records. We note that

BIMETAL BEARINGS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal filed by the assessee for the assessment year

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. Nos. 668, 669, 670 & 671/Chny/2015 िनधा"रण वष"/Assessment Years:2007-08 To 2010-11 M/S. Bimetal Bearings Limited, The Deputy Commissioner Of 18, Race Course Road, Vs. Income Tax, Large Taxpayer Unit, Coimbatore 641 018. 1775, Jawaharlal Nehru Inner Ring Road, Anna Nagar Western Extension, [Pan:Aaacb2036Q] Chennai 600 101. (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaraghavan, Advocate ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.07.2019 घोषणा की तारीख /Date Of Pronouncement : 29.08.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: These Four Appeals Filed By The Same Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai All Dated 30.01.2015 Relevant To The Assessment Years 2007-08, 2008-09, 2009-10 & 2010-11. Since Common Issues Have Been Raised In These Appeals, Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Brevity.

TDS for the payment of foreign commission stands deleted. 6. The next ground raised in the appeal for the assessment year 2007-08 relates to disallowance of leave encashment provision under section 43B

BIMETAL BEARINGS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal filed by the assessee for the assessment year

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. Nos. 668, 669, 670 & 671/Chny/2015 िनधा"रण वष"/Assessment Years:2007-08 To 2010-11 M/S. Bimetal Bearings Limited, The Deputy Commissioner Of 18, Race Course Road, Vs. Income Tax, Large Taxpayer Unit, Coimbatore 641 018. 1775, Jawaharlal Nehru Inner Ring Road, Anna Nagar Western Extension, [Pan:Aaacb2036Q] Chennai 600 101. (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaraghavan, Advocate ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.07.2019 घोषणा की तारीख /Date Of Pronouncement : 29.08.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: These Four Appeals Filed By The Same Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai All Dated 30.01.2015 Relevant To The Assessment Years 2007-08, 2008-09, 2009-10 & 2010-11. Since Common Issues Have Been Raised In These Appeals, Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Brevity.

TDS for the payment of foreign commission stands deleted. 6. The next ground raised in the appeal for the assessment year 2007-08 relates to disallowance of leave encashment provision under section 43B

BIMETAL BEARINGS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal filed by the assessee for the assessment year

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. Nos. 668, 669, 670 & 671/Chny/2015 िनधा"रण वष"/Assessment Years:2007-08 To 2010-11 M/S. Bimetal Bearings Limited, The Deputy Commissioner Of 18, Race Course Road, Vs. Income Tax, Large Taxpayer Unit, Coimbatore 641 018. 1775, Jawaharlal Nehru Inner Ring Road, Anna Nagar Western Extension, [Pan:Aaacb2036Q] Chennai 600 101. (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaraghavan, Advocate ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.07.2019 घोषणा की तारीख /Date Of Pronouncement : 29.08.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: These Four Appeals Filed By The Same Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai All Dated 30.01.2015 Relevant To The Assessment Years 2007-08, 2008-09, 2009-10 & 2010-11. Since Common Issues Have Been Raised In These Appeals, Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Brevity.

TDS for the payment of foreign commission stands deleted. 6. The next ground raised in the appeal for the assessment year 2007-08 relates to disallowance of leave encashment provision under section 43B

BIMETAL BEARINGS LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal filed by the assessee for the assessment year

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. Nos. 668, 669, 670 & 671/Chny/2015 िनधा"रण वष"/Assessment Years:2007-08 To 2010-11 M/S. Bimetal Bearings Limited, The Deputy Commissioner Of 18, Race Course Road, Vs. Income Tax, Large Taxpayer Unit, Coimbatore 641 018. 1775, Jawaharlal Nehru Inner Ring Road, Anna Nagar Western Extension, [Pan:Aaacb2036Q] Chennai 600 101. (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Vijayaraghavan, Advocate ""थ" की ओर से/Respondent By : Shri Ar.V. Sreenivasan, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.07.2019 घोषणा की तारीख /Date Of Pronouncement : 29.08.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: These Four Appeals Filed By The Same Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals) 17, Chennai All Dated 30.01.2015 Relevant To The Assessment Years 2007-08, 2008-09, 2009-10 & 2010-11. Since Common Issues Have Been Raised In These Appeals, Heard Together & Are Being Disposed Of By This Common Order For The Sake Of Brevity.

TDS for the payment of foreign commission stands deleted. 6. The next ground raised in the appeal for the assessment year 2007-08 relates to disallowance of leave encashment provision under section 43B

GUARDIAN INDIA OPERATIONS PRIVATE LIMITED,CHENNAI vs. PCIT 1, CHENNAI

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

Bench: HON’BLE SHRI MANU KUMAR GIRI (Judicial Member), SHRI S.R. RAGHUNATHA (Accountant Member)

TDS return acknowledgement for 106 Form 240, 26Q, and 27Q for all the 4 Quarters (Annexure 2) Show Cause Notice ("SCN") under 118 section 263 of the Act dated January 11, 2024 issued by the Ld. Principal Commissioner of Income-Tax ("Ld. PCTT") 9 Response to SCN dated January 24, 121 2024, filed with the Ld. PCIT 5. After culmination

ACIT, CHENNAI vs. TAMIL NADU SMALL INDUSTRIES CORPORATION LTD., CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

TDS of ₹.62,67,646/- has been claimed pertain to the period 01.04.2009 to 31.03.2010 and hence the said receipts have accrued and received by the assessee during the year under consideration. Therefore, in view of the provisions of the section 199 of the Act, an amount of ₹.10,79,10,239/- was required to be brought to tax. However

ACIT, CHENNAI vs. TAMILNADU SMALL IDNUSTRIES CORPORATION LTD., CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

TDS of ₹.62,67,646/- has been claimed pertain to the period 01.04.2009 to 31.03.2010 and hence the said receipts have accrued and received by the assessee during the year under consideration. Therefore, in view of the provisions of the section 199 of the Act, an amount of ₹.10,79,10,239/- was required to be brought to tax. However

TAMIL NADU SMALL INDUSTRIES CORPORATION LTD.,,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

TDS of ₹.62,67,646/- has been claimed pertain to the period 01.04.2009 to 31.03.2010 and hence the said receipts have accrued and received by the assessee during the year under consideration. Therefore, in view of the provisions of the section 199 of the Act, an amount of ₹.10,79,10,239/- was required to be brought to tax. However

TAMIL NADU SMALL INDUSTRIES CORPORATION LTD.,,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

TDS of ₹.62,67,646/- has been claimed pertain to the period 01.04.2009 to 31.03.2010 and hence the said receipts have accrued and received by the assessee during the year under consideration. Therefore, in view of the provisions of the section 199 of the Act, an amount of ₹.10,79,10,239/- was required to be brought to tax. However

TAMIL NADU SMALL INDUSTRIES CORPORATION LTD.,,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

TDS of ₹.62,67,646/- has been claimed pertain to the period 01.04.2009 to 31.03.2010 and hence the said receipts have accrued and received by the assessee during the year under consideration. Therefore, in view of the provisions of the section 199 of the Act, an amount of ₹.10,79,10,239/- was required to be brought to tax. However

TAMILNADU SMALL INDUSTRIES CORPORATION LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

TDS of ₹.62,67,646/- has been claimed pertain to the period 01.04.2009 to 31.03.2010 and hence the said receipts have accrued and received by the assessee during the year under consideration. Therefore, in view of the provisions of the section 199 of the Act, an amount of ₹.10,79,10,239/- was required to be brought to tax. However

ACIT, CHENNAI vs. TAMILNADU SMALL IDNUSTRIES CORPORATION LTD., CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

TDS of ₹.62,67,646/- has been claimed pertain to the period 01.04.2009 to 31.03.2010 and hence the said receipts have accrued and received by the assessee during the year under consideration. Therefore, in view of the provisions of the section 199 of the Act, an amount of ₹.10,79,10,239/- was required to be brought to tax. However

MAGICK WOODS EXPORTS P LTD.,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri A. Mohan Alankamony

43B of the Act makes it clear that deduction will be allowable if the remittance is made with in the due date of filing the return of income. For the above stated reasons I do not find any infirmity in the order of the Ld. Revenue Authorities. Accordingly, I confirm the Order of the Revenue Authorities on this issue

THE INDIA CEMENTS LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 2(1) CHENNAI, CHENNAI

43B which is\napplicable for computing income under the head 'Profits & Gains of\nBusiness' cannot be imported into the computation mechanism set out in\nExplanation (1) to Section 115JB of the Act. Rather, the AO is required to\nascertain whether the impugned provision can be added back or not,\nunder any of the specified clauses set out in Explanation

AMPO VALVES INDIA PVT LTD.,COIMBATORE vs. DCIT CORPORATE CIRCLE 2, COIMBATORE

In the result the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

TDS on professional fees paid to non-resident M/s. AMPO, Spain by invoking the provisions of Section 40(a)(ia) of the Act. 3. The brief facts of the case are that the assessee is a private limited company engaged in the business of manufacture and sale of industrial valves, filed its return of income for the assessment year

GREENPECE LUXURY HOMES LLP,,KANCHEEPURAM vs. ITO, NON-CORPORATE WARD-22(1), CHENNAI

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

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.163/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Greenpeace Luxury Homes Llp, Vs. The Income Tax Officer, No. 41, Vandalur Kelambakkam Road, Non Corporate Ward 22(1), Pudhupakkam, Kancheepuram, Tambaram. Tamil Nadu 603 103. [Pan: Aalfg6842P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P.M. Kathir, Advocate ""थ" की ओर से/Respondent By : Ms. R. Anita, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 12.11.2024 घोषणा की तारीख /Date Of Pronouncement : 27.11.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.01.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. Ground No. 1 Raised By The Assessee Is General In Nature & Requires No Adjudication.

section 43B of the Act does not attracted to the TDS amount deducted, but not deposited to Government account. The ld. AR drew