IL&FS TAMILNADU POWER COMPANY LTD,CHENNAI vs. DCIT CORP CIRCLE 1(1), CHENNAI

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

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1332/Chny/2024, Assessment Years: 2018-19 आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Il & Fs Tamil Nadu Power Company Deputy Commissioner Of Income Limited, Tax, Old No.21, New No.2, Kpr Tower, Corporate Circle-1(1), 4Th Floor, Greams Road, Chennai S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Deputy Commissioner Of Income Il & Fs Tamil Nadu Power Company Tax, Limited, Corporate Circle-1(1), Old No.21, New No.2, Kpr Tower, Chennai 4Th Floor, Greams Road, S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri.Ashwin, Ca प्रत्यर्थी की ओर से /Revenue By : Shri Shivanand K Kalakeri, Cit सुनवाई की तारीख/Date Of Hearing : 26.03.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

forward exchange contracts in line with statutory provisions of Income Tax Act, standard guidelines published by the Central Board of Direct Taxes under Income Computation and disclosure standards (ICDS) dated 29.09.2016 operative from AY-2017- 18 onwards, decision of Hon’ble Apex Court in Sutlej Cotton Company Limited, Tata Locomotive and Engineering Company supra and Garden Silk Mills

ASSISTANT COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 1 1, CHENNAI vs. IL AND FS TAMILNADU POWER COMPANY LIMITED, CHENNAI

In the result, the appeal of the revenue is partly allowed for\nstatistical purposes

forward exchange contracts in line with\nstatutory provisions of Income Tax Act, standard guidelines published by\nthe Central Board of Direct Taxes under Income Computation and\ndisclosure standards (ICDS) dated 29.09.2016 operative from AY-2017-\n18 onwards, decision of Hon'ble Apex Court in Sutlej Cotton Company\nLimited, Tata Locomotive and Engineering Company supra and Garden\nSilk Mills

DEPUTY COMMISSIONER OF INCOME-TAX, MADURAI vs. SRI JAYAJOTHI AND COMPANY PRIVATE LIMITED, RAJAPALAYAM

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

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

carry forward the loss as detailed below: 1. Depreciation loss Rs.10,14,15,896/- 2. Long term capital loss Rs. 6,12,89,666/- (after adjustment of Rs.68,14,437/- i.e. long-term capital gain

RAGHAVAN RAMANATHAN,CHENNAI vs. JCIT NON CORP CIRCLE 7(1), CHENNAI

Appeal of the assessee is allowed in terms of our above order

Bench: Shri Manu Kumar Giri & Shri Amitabh Shukla

carry forward of any STC Loss. In view of the above, as the STC Loss claimed by the Appellant for AY 2018-19 for set off with the capital Gain

M/S. TRIVITRON HEALTHCARE PVT. LTD.,CHENNAI vs. PCIT, , CHENNAI-3

In the result, the appeal filed by the assessee is partly\nallowed

carried forward and brought forward\nloss was very much available to the assessee thereby negating the\npresumption of any prejudice to the revenue. Therefore, the\npresumption of lack enquiry with respect to the quantification of\ncarried forward loss / depreciation loss is wrong, incorrect,\nerroneous, invalid, unjustified and not sustainable both on facts and\nin law.\n11.\nOn the other hand

ACIT CIRCLE 1, TRICHY vs. DALMIA CEMENT BHARAT LTD., DALMIAPURAM

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2013-14] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue Cross Objection No.63/Chny/2018 (Arising Out Of Ita No.3157/Chny2017) [Assessment Year: 2013-14] M/S Dalmia Cement Bharat Ltd. The Assistant Commissioner Of Dalmiapuram, Income Tax, Circle-1, Tamilnadu-621651 Vs Williams Road, Cantonment, Trichy, Tamil Nadu-620001 Pan- Aadca9414C Assessee Revenue [Assessment Year: 2014-15] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue

Gains of Business or Profession(Not being a loss sustained in speculation Loss is only mentioned. THE LOSS SUCH AS LOSS ON HOUSE PROPERTY/LOSS ON CAPITAL IS NOT INCLUDED. 5.2) Further in the Sec.74 dealing with capital loss, carry forward/set off of capital loss by the amalgamating company/amalgamated company is not discussed and the applicability of the Section is subject

ACIT CIRCLE 1, TRICHY vs. DALMIA CEMENT BHARAT LTD., DALMIAPURAM

Bench: Ms. Madhumita Roy & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2013-14] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue Cross Objection No.63/Chny/2018 (Arising Out Of Ita No.3157/Chny2017) [Assessment Year: 2013-14] M/S Dalmia Cement Bharat Ltd. The Assistant Commissioner Of Dalmiapuram, Income Tax, Circle-1, Tamilnadu-621651 Vs Williams Road, Cantonment, Trichy, Tamil Nadu-620001 Pan- Aadca9414C Assessee Revenue [Assessment Year: 2014-15] The Assistant Commissioner Of M/S Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Dalmiapuram, Williams Road, Vs Tamilnadu, 621651 Cantonment, Trichy, Tamil Nadu-620001 Pan-Aadca9414C Assessee Revenue

Gains of Business or Profession(Not being a loss sustained in speculation Loss is only mentioned. THE LOSS SUCH AS LOSS ON HOUSE PROPERTY/LOSS ON CAPITAL IS NOT INCLUDED. 5.2) Further in the Sec.74 dealing with capital loss, carry forward/set off of capital loss by the amalgamating company/amalgamated company is not discussed and the applicability of the Section is subject

M/S MERCANTILE VENTURES LIMITED,CHENNAI vs. ACIT, CORPORATE CIRCLE-4(1), CHENNAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.623/Chny/2022 िनधा"रण वष"/Assessment Year: 2017-18 V. M/S.Mercantile Ventures Ltd., The Asst. Commissioner Of- No.88, Spic House, Income Tax, Mount Road, Corporate Circle-4(1), Guindy, Chennai-600 032. Chennai. [Pan: Aaicm 6095 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Shri P.V.Sudhakar, Advocate : ""यथ" क" ओर से /Respondent By Shri V. Nandakumar, Cit : सुनवाईक"तारीख/Date Of Hearing 02.01.2024 घोषणाक"तारीख /Date Of : 14.02.2024 Pronouncement

forward to subsequent year. The case was selected for scrutiny and the assessment has been completed u/s.143(3) of the Act on 21.12.2019 and accepted the income declared by the assessee. :: 5 :: 6. The case has been, subsequently, taken up for revision proceedings and accordingly, show cause notice u/s.263 of the Act, dated 01.12.2022 was served on the assessee

TITAN COMPANY LIMITED,HOSUR vs. ASSISTANT COMMISSIONER OF INCOME TAX - LTU 2 (IC), CHENNAI

In the result the appeal raised by the assessee is partly allowed

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1742/Chny/2024 निर्धारण वर्ा /Assessment Years: 2011-12 Titan Company Limited, Assistant Commissioner Of No.3, Sipcot Industrial Complex, Income Tax, Hosur, Krishnagiri, Ltu-2, Tamil Nadu-635126 Chennai [Pan: Aaact5131A] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Abhay Kumar, C.A अपीलार्थी की ओर से/ Assessee By : Ms.Komali Krishna, Cit प्रत्यर्थी की ओर से /Revenue By सुनवाई की तारीख/Date Of Hearing : 10.09.2024 घोषणा की तारीख /Date Of Pronouncement : 04.12.2024

gains in a year in the deduction is claimed. Section 80-IA(5) of the Act seeks to regard the eligible unit as a separate source of income so as to separately determine the carry forward and set off of losses in the hands of that unit. Such an interpretation is not in our opinion contrary to the scheme

ABUSHA INVESTMENT & MANAGEMENT SERVICES LLP,CHENNAI vs. DCIT NON CORPORATE CIRCLE 7(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwal

Capital Gains’ and allowed carry forward loss from Business of Rs. -25,23,550/-. Aggrieved by the said order the assessee

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), CHENNAI vs. M. MAHADEVAN, CHENNAI

In the result, the appeals of the Revenue are decided as under:-\nITA Nos\nAssessment\nResult\nYear\nPartly allowed

gains and its deletion by the Ld.CIT(A). The Ld.\nAO has discussed the issue in para 12.1 to 12.14 of his order. The\nLd.DR explained the following brief factual matrix of the case. The\nassessee had claimed in its return of income loss on account of sale of\nshares of Rs.2,60,11,810/-. The Ld. AO had noted

DCIT, CHENNAI vs. TVS INVESTMENTS LRD.,, CHENNAI

In the result, the Revenue's appeal as well as the assessee's Cross Objection are allowed for statistical purposes

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.262/Chny/2017 (िनधा*रण वष* / Assessment Year: 2010-11) Dcit M/S. Tvs Capital Funds (P) Limited (Formerly Known As Tvs Investments Limited) Corporate Circle-3(1) बनाम/ Jayalakshmi Estates, Chennai-600 034. Vs. No.29, (Old No.8), Haddows Road Chennai-600 006. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaact-1154-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. D. Praveen (Jcit) -Ld. Dr " थ"कीओरसे/Respondent By : Shri R. Vijayaraghavan, (Advocate)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 15-05-2024 घोषणाकीतारीख /Date Of Pronouncement : 11-06-2024 आदेश / O R D E R

capital loss shown by the assessee is there not at all. The only material to support the conclusion of the AO is that either the purchase of shares by the assessee was at Rs. 31.19 per share or the assessee has sold the shares to the sister concern, TVS e-Access Pvt. Ltd. at a cost of Rs. one paise

DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE, MADURAI vs. M/S RAMCO SYSTEMS LIMITED, RAJAPALAYAM

In the result, appeal filed by the Revenue is dismissed

capital gain of\nRs.1,78,70,186/- and which was set off against the total available carried\nforward depreciation from AYs 2000-01 to 2008-09 amounting to\nRs.33,55,50,604/-. Assessment u/s.143(3) of the Act was completed on\n28.11.2011 making additions resulting in total income of\nRs.36,43,61,360/- [without considering the carried forward business loss

SINDYA SECURITIES AND INVESTMENTS PRIVATE LIMITED,CHENNAI vs. ACIT,CORP.CIRCLE-6[2], CHENNAI

The appeal stand allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.438/Chny/2022 (िनधा*रण वष* / Assessment Year: 2017-18) M/S. Sindya Securities & Investments Pvt. Ltd. Acit बनाम/ No.609, Lakshi Bavan, V Floor Corporate Circle 6(2) Sundaram Avenue, Mount Road Chennai Vs. Nungambakkam, Chennai-600 006. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aalcs-3297-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri T. Banusekar (Ca) & Shri Vishwa Padmanabhan,(Ca) - Ld.Ars " थ"कीओरसे/Respondent By : Dr. S. Senthil Kumaran (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 03-08-2023 घोषणाकीतारीख /Date Of Pronouncement : 08-09-2023 आदेश / O R D E R

carrying out of any activity in relation to any business or profession. Neither there was a bar on the assessee to purchase further shares of Aircel Ltd. Therefore, the provisions of Sec. 28(va) would not apply. The termination of the call option merely relinquishes the right of the assessee company to buy shares of Aircel Ltd. There

TITAN COMPANY LIMITED 9EARSTWHILE KNOWN AS TITAN INDUSTRIES LIMITED),KRISHNAGIRI vs. ACIT LTU 1, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Amitabh Shukla

carried on by such person outside India or making or earning any income from any source Outside India. g. In the present case, the Appellant's United States ('US) branch has paid these amounts to the consultants in the US for the purpose of increasing the sales of the US boutique. Therefore, the source of income derived from these payments

TITAN COMPANY LIMITED 9EARSTWHILE KNOWN AS TITAN INDUSTRIES LIMITED),KRISHNAGIRI vs. ACIT LTU 1, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Amitabh Shukla

carried on by such person outside India or making or earning any income from any source Outside India. g. In the present case, the Appellant's United States ('US) branch has paid these amounts to the consultants in the US for the purpose of increasing the sales of the US boutique. Therefore, the source of income derived from these payments

TITAN COMPANY LIMITED 9EARSTWHILE KNOWN AS TITAN INDUSTRIES LIMITED),KRISHNAGIRI vs. ACIT LTU 1, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Amitabh Shukla

carried on by such person outside India or making or earning any income from any source Outside India. g. In the present case, the Appellant's United States ('US) branch has paid these amounts to the consultants in the US for the purpose of increasing the sales of the US boutique. Therefore, the source of income derived from these payments

TITAN COMPANY LIMITED 9EARSTWHILE KNOWN AS TITAN INDUSTRIES LIMITED),KRISHNAGIRI vs. ACIT LTU 1, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Amitabh Shukla

carried on by such person outside India or making or earning any income from any source Outside India. g. In the present case, the Appellant's United States ('US) branch has paid these amounts to the consultants in the US for the purpose of increasing the sales of the US boutique. Therefore, the source of income derived from these payments