ARVIND NANDAGOPAL,CHENNAI vs. ACIT, CC-3(1),, CHENNAI

In the result, all appeals filed by the assessee are allowed

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

capital gain added in AY 2014-15 was unsustainable, since it was not based on any incriminating material found in the course of search. The Ld. AR relying upon the decisions of the Hon'ble Delhi High Court in the case of CIT vs Kabul Chawla (380 ITR 573), which has since been affirmed by the Hon'ble Supreme Court

ARVIND NANDAGOPAL,CHENNAI vs. ACIT, CC-3(1), CHENNAI

In the result, all appeals filed by the assessee are allowed

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

capital gain added in AY 2014-15 was unsustainable, since it was not based on any incriminating material found in the course of search. The Ld. AR relying upon the decisions of the Hon'ble Delhi High Court in the case of CIT vs Kabul Chawla (380 ITR 573), which has since been affirmed by the Hon'ble Supreme Court

ARVIND NANDAGOPAL,CHENNAI vs. ACIT, CC-3(1), CHENNAI

In the result, all appeals filed by the assessee are allowed

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

capital gain added in AY 2014-15 was unsustainable, since it was not based on any incriminating material found in the course of search. The Ld. AR relying upon the decisions of the Hon'ble Delhi High Court in the case of CIT vs Kabul Chawla (380 ITR 573), which has since been affirmed by the Hon'ble Supreme Court

ARVIND NANDAGOPAL,CHENNAI vs. ACIT, CC-3(1),, CHENNAI

In the result, all appeals filed by the assessee are allowed

gains, was based simply on conjectures and mistake of\nfact(s).\n15. Overall therefore, the Ld. AR contended that, there was not even an\niota of evidence or material referred to in the entire satisfaction note,\nbasis which any prudent person could have inferred that 50% of the trade\nadvances given by the companies had been received back and utilized

ST.JOSEPH'S INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST,CHENNAI vs. PCIT CENTRAL CHENNAI - 1, CHENNAI

In the result, all the three appeals filed by the assessee are allowed

gain of interest rate swap was claimed as deduction.\nHowever, we find that both these issues were duly examined by the\nAO vide Questionnaire dated 2.11.2004 (Page 1-2 of the Paper\nBook) to which replies dated 9.12.2004, 20.12.2004 and 6.1.2005\n(Page No. 3-39 of Paper Book-1) were furnished and, therefore, the\nfinding

DCIT CC 2 2 , CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

In the result, both the both the appeals filed by the Revenue and the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act from its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance

SOUTHERN AGRIFURANE INDUSTRIES PVT. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2),, CHENNAI

In the result, both the both the appeals filed by the Revenue and the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act from its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI,

153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed under Section\n153A takes the place of the original return under Section 139, for the\npurposes of all other provisions

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed under Section\n153A takes the place of the original return under Section 139, for the\npurposes of all other provisions

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, CHENNAI

In the result, all the six appeals of the Revenue are\ndismissed

153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed under Section\n153A takes the place of the original return under Section 139, for the\npurposes of all other provisions

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed under Section\n153A takes the place of the original return under Section 139, for the\npurposes of all other provisions

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed under Section\n153A takes the place of the original return under Section 139, for the\npurposes of all other provisions

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

153B and 153C are intended to\nbe a complete code for post- search assessments. Considering that the\nnon-obstante clause under Section 153A excludes the application of, inter\nalia, Section 139, it is clear that the revised return filed under Section\n153A takes the place of the original return under Section 139, for the\npurposes of all other provisions

SOUTHERN AGRIFURANE INDUSTRIES PVT. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2),, CHENNAI

In the result, both the appeals filed by the Revenue and the\nassessee are dismissed

Capital/ Reserves/Loan/\nCurrent Liabilities\nLiabilities (Credit)\nImmoveable Property/ Loans &\nAdvances/ Shares/ Bank Balance\n21. The above view of ours get bolstered from reading of Explanation 2\nappended to the fourth proviso, which defines 'asset', for the purpose of\nfourth proviso to Section 153A, to include i) immovable property, ii)\nshares and securities iii) loans and advances & iv) Deposit in bank

DCIT CC 2 2 , CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

In the result, both the appeals filed by the Revenue and the\nassessee are dismissed

Capital/ Reserves/Loan/\nCurrent Liabilities\nLiabilities (Credit)\nImmoveable Property/ Loans &\nAdvances/ Shares/ Bank Balance\n21. The above view of ours get bolstered from reading of Explanation 2\nappended to the fourth proviso, which defines 'asset', for the purpose of\nfourth proviso to Section 153A, to include i) immovable property, ii)\nshares and securities iii) loans and advances & iv) Deposit in bank

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

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

153B and section 153C, all other provisions of this Act shall apply to the assessment made under this section;\n(ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year.”\n\n2.2. It is submitted that when there

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

153B and section 153C,\nall other provisions of this Act shall apply to the assessment made under this section;\n:-12-:\nITA Nos: 2569, 2570, 2571,\n2573 to 2577/Chny/2025\n(ii) in an assessment or reassessment made in respect of an assessment year\nunder this section, the tax shall be chargeable at the rate or rates as applicable\nto such

MASILAMANI NANDAGOPAL,CHENNAI vs. ACIT, CC-3(1),, CHENNAI

In the result, appeals filed by the assessee(s) are allowed

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

capital gain on sale of shares in the hands of the assessee in AY 2014-15. Being aggrieved by the order(s) of the AO, the assessee preferred appeal before the Ld. CIT(A) who dismissed the same. Now the assessee is in appeal before us. 5. We first take up the assessee’s appeal