INCOME TAX OFFICER NON-CORPORATE WARD-10(6), CHENNAI vs. SHRI ARUN GUPTA,, CHENNAI

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

Bench: Shri Mahavir Singh & Shri G. Manjunathaआयकर अपील सं./Ita No.: 844/Chny/2020 िनधा"रण वष" / Assessment Year: 2016-17 Income-Tax Officer, Shri. Arun Gupta, Non-Corporate Ward -10(6), V. No. 3B, Block, Lloyds Colony, Chennai – 34. Lloyds Road, Royapettah, Chennai – 600 014. [Pan: Agrpa-8340-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. Ar V Sreenivasan, Addl. Cit अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri. N.V. Balaji Advocate & Mrs. N.V. Lakshmi, Advocate सुनवाई क" तारीख/Date Of Hearing : 02.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 16.11.2022

9. We have heard both the parties, perused materials available on record and gone through orders of the authorities below. There is no dispute with regard to the fact that the assessee has sold a residential house and computed long term capital gain, after claiming deduction u/s. 54 of the Act, and also, said amount was invested in acquiring

C.ARYAMA SUNDARAM,CHENNAI vs. ACIT, CHENNAI

In the result, the appeal filed by the assessee is allowed for statistical purpose

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

139(1) of the Act but complied with the conditions u/s.54F(1) of the Act by purchasing and construction of residential property within three years from the date of transfer of original asset which is not disputed in the assessment proceedings or in appellate proceedings. The provisions of Sec. 54F are beneficial provisions and are to be considered liberally

V RAMAKRISHNAN,CHENNAI vs. DCIT CENTRAL CIRCLE III(4) , CHENNAI

In the result, the appeal for the A

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

9. At this juncture, it would be relevant to take note of the basis on which Assessing Officer proceeded. In paragraph 9.1 of the order of assessment he has, inter alia, held as follows : "The basic point revolves around the issue that whether in the block assessment period it could be considered about the income which has been hitherto being

V RAMAKRISHNAN,CHENNAI vs. DCIT CENTRAL CIRCLE III(4), CHENNAI

In the result, the appeal for the A

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

9. At this juncture, it would be relevant to take note of the basis on which Assessing Officer proceeded. In paragraph 9.1 of the order of assessment he has, inter alia, held as follows : "The basic point revolves around the issue that whether in the block assessment period it could be considered about the income which has been hitherto being

SRI K.SRIKANTH,,CHENNAI vs. ACIT,, CHENNAI

In the result, all the four appeals adjudicated by us in this order are partly allowed

Bench: Shri George Mathan & Shri Ramit Kochar

139(1) and this amount was due to the assessee as on 31.03.2001 and hence the entire amount is to be considered for computation of capital gains. But while computing capital gains and tax payable by assessee thereon , the AO took the figure of Rs. 12 cores for computing capital gains on sale of shares instead of an amount

ACIT,, CHENNAI vs. SRI. K.SRIKANTH,, CHENNAI

In the result, all the four appeals adjudicated by us in this order are partly allowed

Bench: Shri George Mathan & Shri Ramit Kochar

139(1) and this amount was due to the assessee as on 31.03.2001 and hence the entire amount is to be considered for computation of capital gains. But while computing capital gains and tax payable by assessee thereon , the AO took the figure of Rs. 12 cores for computing capital gains on sale of shares instead of an amount

SHRI K.SRIKANTH,CHENNAI vs. ACIT, CHENNAI

In the result, all the four appeals adjudicated by us in this order are partly allowed

Bench: Shri George Mathan & Shri Ramit Kochar

139(1) and this amount was due to the assessee as on 31.03.2001 and hence the entire amount is to be considered for computation of capital gains. But while computing capital gains and tax payable by assessee thereon , the AO took the figure of Rs. 12 cores for computing capital gains on sale of shares instead of an amount

SRI K.SRIKANTH,,CHENNAI vs. ACIT,, CHENNAI

In the result, all the four appeals adjudicated by us in this order are partly allowed

Bench: Shri George Mathan & Shri Ramit Kochar

139(1) and this amount was due to the assessee as on 31.03.2001 and hence the entire amount is to be considered for computation of capital gains. But while computing capital gains and tax payable by assessee thereon , the AO took the figure of Rs. 12 cores for computing capital gains on sale of shares instead of an amount

RANJIT V SRIVATSAA,CHENNAI vs. ITO, NCW-3(2), CHENNAI

In the result the appeal of the assessee is allowed

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

9. The ld.AR for the assessee assailing the action of the ld.CIT(A), submitted that the ld.CIT(A) has erred in understanding the provisions of section 54 of the Act and confirmed the action of the AO. The ld.AR submitted a paper book containing 72 pages consisting of copy of agreement for construction of new flat, copy of sale deed

ARTHUR JAGARAJ DEVAPRAGASAM,CHENNAI vs. DCIT NON CORPORATE CIRCLE 8(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunathaआयकर अपील सं./Ita No.:710/Chny/2025 िनधा"रण वष" / Assessment Year: 2017-18 Arthur Jagaraj Devapragasam, The Deputy Commissioner Of No.C-5, Marble Arch Apartments, Vs. Income Tax, No.2 Valliammal Street, Non-Corporate Circle-8(1) Vepery, Chennai-600 007. Chennai. [Pan: Acypa-9529-J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. R.Vijayaraghavan, Advocate (Virtual) ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, J.C.I.T. सुनवाई की तारीख/Date Of Hearing : 26.06.2025 घोषणा की तारीख/Date Of Pronouncement : 24.07.2025

9. The ld. AR for the assessee submitted that both the AO and ld.CIT(A) have incorrectly interpreted the provisions of section 54(2) of the Act and its proviso. He argued that their conclusion that the failure to purchase a residential property within 2 years or to construct within 3 years automatically renders the entire net sale consideration

AMMAPURAM RAJARAMAN RAJESH,TRICHY vs. DCIT, NCC-17(1), CHENNAI

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

Bench: Shri Ss Viswanethra Ravi & Shri Jagadishआयकर अपील सं./Ita No.813/Chny/2025 िनधा:रण वष: /Assessment Year: 2019-20

Gains, the return of loss has to be filed within the time allowed under section 139(1). 10. Thus, a bare reading of these provisions gives an infallible impression that to be entitled to carry forward the business loss or capital loss, the assessee is required to file the return under section 139(1) of the Act. Section

RAM KRISHAN KULWANT RAI,CHENNAI vs. ACIT CENTRAL CIRCLE 2(3), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita No.1047/Chny/2018 "नधा"रण वष" / Assessment Year : 2009-10

139 of the Act, the Assessing Officer is bound to initiate proceeding under Section 153C of the Act. Having dropped the proceeding under Section 153C of the Act, according to the Ld. counsel, the Assessing Officer cannot initiate any proceeding for reopening of assessment under Section 147 of the Act. The Ld.counsel placed his reliance on the decision of Amritsar

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

gains" that would arise in the hands of the Appellant. 8. The Ld. CIT(A) has erred failed to appreciate that the Appellant never received any sum other than the repayment of its own share of capital balances. 9. The Appellant submits that each ground of appeal is without prejudice to one another. Abusha Investment & Management Services

K.K.SRINIVASAN,SALEM vs. ITO, SALEM

In the result, appeal of the assessee is allowed

Bench: Shri Abraham P. George]

Capital Gain Scheme should have been made prior to due date under section 139(1) is untenable (259 CTR 388 P&H) - Copy enclosed. (b) Investment under section 54 B can be made within the period prescribed by Section 139(4) - 172 TTJ 412 Jp, 173 TTJ 634 Chd, 125 DTR 314 Chd. Assessee had specifically relied on the judgment

ITO, CHENNAI vs. RETTANAI GOVINDAN MUNUSWAMY, CHENNAI

In the result, the appeal of the Revenue in ITA

Bench: Shri A.Mohan Alankamony & Shri. G. Pavan Kumarआयकर अपील सं./I.T.A. No. 1085/Mds/2016 "नधा"रण वष" /Assessment Year : 2011-2012

capital gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45: [Provided that nothing contained in this sub-section shall apply where— (a) the assessee,— (i) owns more than one residential house, other than the new asset, on the date of transfer of the original asset

M.K.VITHYA,THIRUVANNAMALAI vs. ITO WARD 1, THIRUVANNAMALAI

In the result, the appeal of the assessee is allowed for 5

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. No. 2739/Mds/2017 "नधा"रण वष" /Assessment Year : 2014-2015

section is not utilised wholly or partly for the purchase or construction of the new asset within the period specified in sub-s. (1), then,— (i) the amount by which- (a) the amount of capital gain arising from the transfer of the original asset not charged under s. 45 on the basis of the cost of the new asset

AADARSH SURANA, CHENNAI,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI, CHENNAI

In the result, the appeal of the assessee is allowed

9. Thus, considering these aspects, we are of the view that the learned Tribunal rightly allowed the assessee's appeal on the said issue. This Court had an occasion to consider a somewhat similar issue in the case of Pr. CIT v. Sukhdham Infrastructures LLP, in [ITAT No. 164 of 2023, dated 14-8- 2023]. In the said case

PENTA MEDIA GRAPHICS LTD.,CHENNAI vs. DCIT, CHENNAI

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

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1402/Chny/2015 िनधा"रण वष"/Assessment Year: 2000-01 M/S. Penta Media Graphics Ltd., The Deputy Commissioner Of ‘Taurus’, No. 25, First Main Road, Vs. Income Tax, Media Circle I, Room No. 311, 3Rd Floor, New Block, United India Colony, Kodambakkam, Chennai 600 024. 121, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034. [Pan: Aaacp1647B] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Shri G. Baskar, Advocate & : Smt. Sree Valli Lakshmi, Advocate ""थ" की ओर से/Respondent By None [Dept. Letter Submission] : सुनवाई की तारीख/ Date Of Hearing 12.04.2023 : घोषणा की तारीख /Date Of Pronouncement : 10.05.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai Dated 30.03.2015 Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

9. Aggrieved, the assessee carried the matter in appeal before the ld. CIT(A). The assessee has raised following grounds before the ld. CIT(A): 4. Aggrieved on the penalty order, the appellant preferred this appeal raising the following grounds of appeal: 1. The order of the ld. AO is contrary to law, facts and circumstances of the case