NARENDRA MAHENDRA KOTHARI,CHENNAI vs. ITO NON CORPORATE WARD 5(2), CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.1006/Chny/2019 िनधा"रण वष"/Assessment Year: 2014-15 V. Shri Narendra Mahendra- The Income Tax Officer, Kothari, Non-Corporate Ward-5(2), No.76, Osian Heights, Chennai. Basin Bridge Road, Mint, Chennai-600 079. [Pan: Amopk 2535 Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Shri D. Anand, Advocate : ""यथ" क" ओर से /Respondent By Shri Arv Sreenivasan, Addl.Cit : सुनवाईक"तारीख/Date Of Hearing 05.02.2024 घोषणाक"तारीख /Date Of : 14.02.2024 Pronouncement

Short Term Capital Gain’, the question of allowing deduction u/s.54F of the Act, does not arise, and thus, in our considered view, there is no error in the reasons given by the AO and the Ld.CIT(A) to reject deduction claimed u/s.54/54F of the Act. Thus, we are inclined to uphold the findings of the Ld.CIT(A) and reject

INCOME TAX OFFICER, CHENNAI vs. ROHITKUMAR NEMCHAND PIPARIA, CHENNAI

The appeal stand allowed in terms of our above order

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1344/Chny/2023 (िनधा*रण वष* / Assessment Year: 2008-09) Ito Shri Rohitkumar Nemchand Piparia बनाम International Taxation Ward-2(1) #34 (Old #77), Meddox Street, / Vs. Chennai. Choolai, Chennai-600 112. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Akzpp-0661-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri T. Banusekar & Ms. Samyuktha Banusekar (Advocates) - Ld. Ars " थ"कीओरसे/Revenue By : Shri Nilay Baran Som (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 07-10-2024 घोषणाकीतारीख /Date Of Pronouncement : 31-12-2024 आदेश / O R D E R

Short Term Capital Gains in the hands of the assessee. It could also be seen that initially the assessee has not computed gains on this transaction and never offered the same in the return of income. The same is ostensibly on the assumption that whatever tax was deducted at source by the bank was final tax liability for the assessee

TAMIL NADU BRICK INDUSTRIES,CHENNAI vs. ITO, CHENNAI

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.744/Chny/2017 "नधा"रण वष"/Assessment Year:2013-14 M/S. Tamilnadu Brick Industries, The Income Tax Officer, No. 47, Mangali Nagar 1St Street, Vs. Non Corporate Circle 8(1), Arumbakkam, Chennai 600 106. Chennai. [Pan: Aafft3643P] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri Vijay Kumar Punna, Jr. Standing Counsel सुनवाई क" तार"ख/ Date Of Hearing : 13.02.2018 घोषणा क" तार"ख /Date Of Pronouncement : 11.05.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, Chennai, Dated 27.02.2017 Relevant To The Assessment Year 2013-14. The Assessee Has Raised The Following Grounds: “1. The Order Of The Commissioner Of Income Tax (Appeals) 9, Chennai Dated 27.02.2017 In I.T.A.No.07/Cit(A)-9/2016-17 For The Above Mentioned Assessment Year Is Contrary To Law, Facts & In The Circumstances Of The Case.

short) or business income. Only the assessment year in which the income is chargeable to tax is the issue. The large residential housing project launched in the heart of the Chennai city, is estimated to make gross earnings close to about Rs.1500 crores in the next five years, involving big contribution to the exchequer

ACIT, CHENNAI vs. BHAVANI DISTILLERIES AND CHEMICALS LTD., CHENNAI

In the result the Revenue’s appeal in ITA No

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

short-term capital gain’ as held by the Ld.CIT(A). It is ordered accordingly. Thus Ground No.4.1 A(i) is disposed off. 6 Ground No.4.1 A(ii) : Treating the amount of expenditure of Rs.3,51,945/- incurred towards farming as the income of the assessee :- Since in the ground No.4.1 A(i), we have held that relief should be granted

JCIT (OSD), CHENNAI vs. BHAVANI DISTILLERIES & CHEMICALS PVT LTD., CHENNAI

In the result the Revenue’s appeal in ITA No

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

short-term capital gain’ as held by the Ld.CIT(A). It is ordered accordingly. Thus Ground No.4.1 A(i) is disposed off. 6 Ground No.4.1 A(ii) : Treating the amount of expenditure of Rs.3,51,945/- incurred towards farming as the income of the assessee :- Since in the ground No.4.1 A(i), we have held that relief should be granted

ACIT, CHENNAI vs. M/S. BHAVANI DISTILLERIES AND CHEMICALS LTD., CHENNAI

In the result the Revenue’s appeal in ITA No

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

short-term capital gain’ as held by the Ld.CIT(A). It is ordered accordingly. Thus Ground No.4.1 A(i) is disposed off. 6 Ground No.4.1 A(ii) : Treating the amount of expenditure of Rs.3,51,945/- incurred towards farming as the income of the assessee :- Since in the ground No.4.1 A(i), we have held that relief should be granted

ACIT, CHENNAI vs. M/S. BHAVANI DISTILLERIES & CHEMICALS LTD., CHENNAI

In the result the Revenue’s appeal in ITA No

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

short-term capital gain’ as held by the Ld.CIT(A). It is ordered accordingly. Thus Ground No.4.1 A(i) is disposed off. 6 Ground No.4.1 A(ii) : Treating the amount of expenditure of Rs.3,51,945/- incurred towards farming as the income of the assessee :- Since in the ground No.4.1 A(i), we have held that relief should be granted

BHAVANI DISTILLERIS AND CHEMICALS LTD.,CHENNAI vs. ACIT, CHENNAI

In the result the Revenue’s appeal in ITA No

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

short-term capital gain’ as held by the Ld.CIT(A). It is ordered accordingly. Thus Ground No.4.1 A(i) is disposed off. 6 Ground No.4.1 A(ii) : Treating the amount of expenditure of Rs.3,51,945/- incurred towards farming as the income of the assessee :- Since in the ground No.4.1 A(i), we have held that relief should be granted

ACIT, CHENNAI vs. M/S. BHAVANI DISTILLERIES AND CHEMICALS LIMITED, CHENNAI

In the result the Revenue’s appeal in ITA No

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

short-term capital gain’ as held by the Ld.CIT(A). It is ordered accordingly. Thus Ground No.4.1 A(i) is disposed off. 6 Ground No.4.1 A(ii) : Treating the amount of expenditure of Rs.3,51,945/- incurred towards farming as the income of the assessee :- Since in the ground No.4.1 A(i), we have held that relief should be granted

ARTHI BALIGA,CHENNAI vs. ACIT, NFAC, , DELHI

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

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1559/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Arthi Baliga, Vs. The Principal Commissioner Of No. 15, Flat No. 3-C, Coral Woods Income Tax, Chennai-4, Apartment, Sri Ram Nagar, South Chennai. Street, Alwarpet, Chennai 600 018. [Pan:Bkjpb5416P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Ravi Kannan, Advocate & Shri Varun Ranganathan, Advocate ""थ" की ओर से/Respondent By : Shri Nilay Baran Som, Cit सुनवाई की तारीख/ Date Of Hearing : 05.12.2024 घोषणा की तारीख /Date Of Pronouncement : 28.02.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.03.2024 Passed By The Ld. Principal Commissioner Of Income Tax, Chennai-4, Chennai For The Assessment Year 2017-18 Under Section 263 Of The Income Tax Act, 1961 [“Act” In Short].

short]. 2. We find that this appeal is filed with a delay of 4 days. The assessee filed an affidavit for condonation of delay stating the reasons. Upon hearing both the parties and on examination of the said affidavit, we find 2 I.T.A. No.1559/Chny/24 the reasons stated by the assessee are bonafide, which really prevented in filing the appeal

CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeal of the Revenue in ITA

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

Gains claimed by the assessee "2,04,45,542/-. 8.3 We have considered the facts and submissions made by the ld. Authorised Representative and Departmental Representative, were similar issue was adjudicated by us for the assessment year 2006-07 in ITA No.1181/Mds/2014 at para 5.18, we partly allow the ground of the assessee. 8.4. The last ground raised

DCIT, CHENNAI vs. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, CHENNAI

In the result, the appeal of the Revenue in ITA

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

Gains claimed by the assessee "2,04,45,542/-. 8.3 We have considered the facts and submissions made by the ld. Authorised Representative and Departmental Representative, were similar issue was adjudicated by us for the assessment year 2006-07 in ITA No.1181/Mds/2014 at para 5.18, we partly allow the ground of the assessee. 8.4. The last ground raised

THE DEPUTY COMMISSIONER OF INCOME TAX, , CHENNAI vs. SHRI MOHAMMED DAWOOD SULTAN ABDUL KADAR, 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.25/Chny/2021 िनधा"रण वष"/Assessment Year: 2016-17 The Deputy Commissioner Of Vs. Shri Mohamed Dawood Sultan Abdul Income Tax, Circle 2, Kader, Kolikalpalayam, Thiruvarur, Trichy. Tamil Nadu 610 001. [Pan:Brdps5653L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Hema Bhupal, Jcit ""थ" की ओर से/Respondent By : Shri S. Sankaralingam, Cit (Retd.) सुनवाई की तारीख/ Date Of Hearing : 29.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 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) 1, Trichy, Dated 23.09.2020 Relevant To The Assessment Year 2016-17. The Only Issue Involved In This Appeal Is Relating To The Land Acquisition Compensation Under Compulsory Acquisition By The Government Is Exempt Or Not.

TDS was deducted and net amount of ₹.4,67,65,534/- has been received by the assessee. Out of this amount, the assessee has deposited ₹.2,00,00,000/- into capital gain deposit scheme. The Assessing Officer has held that the asset is short term

ITO (IT), WARD 2(1), CHENNAI, CHENNAI vs. ROHITKUMAR NEMCHAND PIPARIA, CHENNAI

The appeal stands allowed for statistical purposes

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1326/Chny/2023 (िनधा*रण वष* / Assessment Year: 2008-09) Income Tax Officer Shri Rohitkumar Nemchand Piparia बनाम International Taxation Ward-2(1), #34 (Old #77), Meddox Street, / Vs. Chennai. Choolai, Chennai-600 112. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Akzpp-0661-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri T. Banusekar & Ms.Samyuktha Banusekar (Advocates) - Ld. Ars " थ"कीओरसे/Revenue By : Shri Nilay Baran Som (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 07-10-2024 घोषणाकीतारीख /Date Of Pronouncement : 31-12-2024 आदेश / O R D E R

Short Term Capital Gains was on the remitter banker. As a non-resident of more than 40 years, the assessee reasonably presumed that the entire TDS

DCIT NON CORPORATE CIRCLE 1, CHENNAI vs. MUTHU DANIEL RAJAN, CHENNAI

In the result, appeal filed by the Revenue in ITA No

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

short term capital gains’ and thus, we are inclined to uphold the findings of the Ld.CIT(A) and reject the ground taken by the Revenue. 9. In the result, appeals filed by the assessee in ITA No.1675/Chny/2019 for the AY 2013-14 is allowed & appeal filed by the Revenue in ITA No.1727/Chny/2019 is dismissed. ITA No.1632/Chny/2019

MUTHU DANIEL RAJAN,CHENNAI vs. CIT CORPORATE CIRCLE 1, CHENNAI

In the result, appeal filed by the Revenue in ITA No

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

short term capital gains’ and thus, we are inclined to uphold the findings of the Ld.CIT(A) and reject the ground taken by the Revenue. 9. In the result, appeals filed by the assessee in ITA No.1675/Chny/2019 for the AY 2013-14 is allowed & appeal filed by the Revenue in ITA No.1727/Chny/2019 is dismissed. ITA No.1632/Chny/2019

DCIT NON CORPORATE CIRCLE 1, CHENNAI vs. MUTHU DANIEL RAJAN, CHENNAI

In the result, appeal filed by the Revenue in ITA No

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

short term capital gains’ and thus, we are inclined to uphold the findings of the Ld.CIT(A) and reject the ground taken by the Revenue. 9. In the result, appeals filed by the assessee in ITA No.1675/Chny/2019 for the AY 2013-14 is allowed & appeal filed by the Revenue in ITA No.1727/Chny/2019 is dismissed. ITA No.1632/Chny/2019

MUTHUSAMY SHANMUGAM,CHENNAI vs. ITO, INTERNATIONAL TAXATION WARD-2(2), CHENNAI

In the result, the appeal of the assessee is allowed

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./Ita No.362/Chny/2023 िनधा(रण वष( /Assessment Year: 2013-14 Muthusamy Shanmugam, The Income Tax Officer, C/O.Ramesh & Ramachandran, Cas Vs. Ward-2(2), New No.39, Old No.29/3, Chennai. Viswanathapuram Main Road, Kodambakkam, Chennai – 600 024. [Pan: Dghps-7897-P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Y. Sridhar, F.C.A ""यथ" क" ओर से /Respondent By : Shri V. Nandakumar, Cit सुनवाई क" तारीख/Date Of Hearing : 21.09.2023 घोषणा क" तारीख /Date Of Pronouncement : 30.11.2023 आदेश / O R D E R

TDS amounting to Rs.8,40,34,976/- and refund of Rs. 3,54,77,480/-. Tax :- 5 -: was computed as per section 115E i.e. Tax on investment income and LTCG. 4. The ld. AO, thereafter, issued show-cause notice dated 26-03- 2022 to the assessee as under: “Reason: Bogus long term capital gains/ short