SMT. JAYANTHI SEEMAN,,CHENNAI vs. ITO, NCW - 1 (2),, CHENNAI

In the result the appeal of the assessee is partly allowed

Gain on sale of immovable property at T.Nagar,\nChennai\"\nThe assessment was completed and order u/s.143(3) r.w.s.147 of\nthe Act on 29.12.2017 for the A.Y. 2010-11, wherein the following\nadditions were made:\nSl.No. Details\nAmount Rs.\nIncome admitted in return of income\n2,08,400\nAdditions:\n1\nDisallowance of Rent payment\n18,00,000\n2\nDifference in cash

SMT. JAYANTHI SEEMAN,,CHENNAI vs. ITO, NCW - 1 (2),, CHENNAI

In the result the appeal of the assessee is partly allowed

Gain on sale of immovable property at T.Nagar,\nChennai\"\nThe assessment was completed and order u/s.143(3) r.w.s.147 of\nthe Act on 29.12.2017 for the A.Y. 2010-11, wherein the following\nadditions were made:\nSl.No. Details\nAmount Rs.\n1\nIncome admitted in return of income\n2,08,400\nAdditions:\n2\nDisallowance of Rent payment\n18,00,000\n3\nDifference

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI vs. M. MAHADEVAN, CHENNAI

In the result, the appeals of the Revenue are decided as under:-

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1824/Chny/2024, Assessment Years: 2013-14 आयकर अपील सं./Ita No.1825/Chny/2024, Assessment Years: 2014-15 आयकर अपील सं./Ita No.1826/Chny/2024, Assessment Years: 2019-20

capital gain on sale of shares — As regards the issue of Tax residency of the assessee, during the course of assessment proceedings, upon verification of the documents, Information obtained from the FRRO, copies of Visa and Passport etc, Ld.AO noted that Shri. Mahadevan had stayed / resided in India as per below mentioned details:- Total No. of days Total

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

In the result, the appeals of the Revenue are decided as under:-

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1824/Chny/2024, Assessment Years: 2013-14 आयकर अपील सं./Ita No.1825/Chny/2024, Assessment Years: 2014-15 आयकर अपील सं./Ita No.1826/Chny/2024, Assessment Years: 2019-20

capital gain on sale of shares — As regards the issue of Tax residency of the assessee, during the course of assessment proceedings, upon verification of the documents, Information obtained from the FRRO, copies of Visa and Passport etc, Ld.AO noted that Shri. Mahadevan had stayed / resided in India as per below mentioned details:- Total No. of days Total

ABAN OFFSHORE LIMITED,CHENNAI vs. DCIT, INTL, TAX 1(1), CHENNAI

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

Capital gains\") for—\n(i) the transfer of all or any rights (including the granting of a licence)\nin respect of a patent, invention, model, design, secret formula or\nprocess or trade mark or similar property ;\n(ii) the imparting of any information concerning the working of, or the\nuse of, a patent, invention, model, design, secret formula or process

RAJKUMAR IMPEX PRIVATE LIMITED ,CHENNAI vs. PCIT - 4, CHENAI

The appeal stand allowed in terms of our above order

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

183 Taxman 436) wherein it was held that if the view taken by Ld. AO was one of possible views, the assessment order could not be held to be prejudicial to interest of revenue and therefore, Tribunal was quite justified in setting aside revisionary order. Having heard rival submissions and upon perusal of case records including documents placed

M/S ENRICA ENTERPRISES PVT LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha. G & Shri Manomohan Das

gains were computed and the assessee requested for deduction under Section 54F of the Act, as the sale consideration received was utilized for purchase of a new flat, in which, the name of the assessee's wife was also included as a purchaser. The assessee further stated about the sale of livestock and standing crops. The assessee also stated that

M/S.ENRICA ENTERPRISES PVT LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha. G & Shri Manomohan Das

gains were computed and the assessee requested for deduction under Section 54F of the Act, as the sale consideration received was utilized for purchase of a new flat, in which, the name of the assessee's wife was also included as a purchaser. The assessee further stated about the sale of livestock and standing crops. The assessee also stated that

SMT. JAYANTHI SEEMAN,,CHENNAI vs. ITO, NCW - 1 (2), , CHENNAI

In the result the appeal of the assessee is partly allowed

Gain on sale of immovable property at T.Nagar,\nChennai\"\nThe assessment was completed and order u/s.143(3) r.w.s.147 of\nthe Act on 29.12.2017 for the A.Y. 2010-11, wherein the following\nadditions were made:\nSl.No. Details\nIncome admitted in return of income\nAdditions:\nDisallowance of Rent payment\nDifference in cash flow statement treated\nas unexplained

ACIT NON CORPORATE CIRCLE 8(1)-LTU-2, , CHENNAI vs. M/S. ASHOK LEYLAND LIMITED, CHENNAI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue stands dismissed

Bench: Shri Aby T. Varkey & Shri Jagadish

capital R&D expenditure of Rs. 100,21,22,016/- u/s 35(1)(iv) of the Act, and resultantly delete disallowance to the extent of Rs.70,14,85,411/- (Rs.100,21,22,016/- minus Rs.30,06,36,605/-). This ground therefore stands partly allowed. 5. Ground Nos.7 to 15 of the assessee’s appeal and Ground No.3 of the Revenue

M/S. ASHOK LEYLAND LIMITED,CHENNAI vs. ACIT NON CORPORATE CIRCLE 8(1)-LTU-2, , CHENNAI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue stands dismissed

Bench: Shri Aby T. Varkey & Shri Jagadish

capital R&D expenditure of Rs. 100,21,22,016/- u/s 35(1)(iv) of the Act, and resultantly delete disallowance to the extent of Rs.70,14,85,411/- (Rs.100,21,22,016/- minus Rs.30,06,36,605/-). This ground therefore stands partly allowed. 5. Ground Nos.7 to 15 of the assessee’s appeal and Ground No.3 of the Revenue

KURUZU RUSSELIAN,CHENNAI vs. ITO, NCC-22(1), CHENNAI

In the result, the appeal filed by the assessee is allowed and the penalty levied u/s

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

capital gains during the course of the assessment proceedings. Upon considering the submissions and evidence furnished by the assessee, the AO completed the reassessment u/s.147 of the Act vide order dated 15.03.2023 accepting the returned income. Simultaneously, the AO initiated penalty proceedings u/s.271(1)(c) of the Act on the same date for alleged concealment of income

ASHOK LEYLAND LIMITED,,CHENNAI vs. ACIT,, CHENNAI

183 days was not\nliable to tax in India, in terms of Article 15 of DTAA between India & USA\nand therefore the disallowance made by the AO u/s 40(a)(i) for alleged\nnon-deduction of TDS was deleted.\n8.4\nThe Ld. CIT, DR however argued that, even if the assessee was of\nthe view that no TDS was deductible

SMT. JAYANTHI SEEMAN,,CHENNAI vs. ITO, NCW - 1 (2),, CHENNAI

In the result the appeal of the assessee is partly allowed

Bench: Shri Aby T. Varkey, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपील सं/.Ita Nos.: 770, 771, 772 & 773/Chny/2020 िनधा" रणवष" / Assessment Years: 2010-11, 2011-12, 2012-13 & 2013-14 Smt. Jayanthi Seeman, Income Tax Officer, C/O. Aparna Nandakumar, V. Non-Corporate Ward -1(2), Advocate & Tax Consultant, Chennai. J Nandakumar & Poojesh J (Advocates) No. 6, Ramakrishna Street, T.Nagar, Chennai – 600 017. [Pan: Acypj-0739-K] (अपीलाथ"/Assessee) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Assessee By : Shri. Y. Sridhar, Fca ""यथ"क"ओरसे/Respondent By : Shri. R. Raghupathy, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 20.02.2025 घोषणाकीतारीख/Date Of Pronouncement : 28.02.2025 आदेश/ O R D E R

Gain on sale of immovable property at T.Nagar, Chennai" :-3-: ITA. Nos: 770 to 773/Chny/2020 The assessment was completed and order u/s.143(3) r.w.s.147 of the Act on 29.12.2017 for the A.Y. 2010-11, wherein the following additions were made: Sl.No. Details Amount Rs. Income admitted in return of income 2,08,400 Additions: 1 Disallowance of Rent payment

HYUNDAI TRANSYS INC,REPUBLIC OF KOREA vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAX, CORPORATE CIRCLE 1(1), CHENNAI, CHENNAI

Appeal of the assessee is allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.338/Chny/2024 (िनधा"रणवष" / Assessment Year: 2015-2016) Hyundai Transys Inc, Vs. The Deputy Commissioner Of 105, Sindang Income Tax, 1 Ro Seongyeon, International Tax, Myeon, Corporate Circle 1(1) Seosan, Ccn 356851 Chennai. Korea.

capital gains tax would be reconsidered by the Tribunal in case it comes to the conclusion that the notice dated 13/11/2000 is a notice within jurisdiction of the Assessing Officer’’. 11. Therefore, in the light of above settled position of law and respectfully following the Hon’ble Supreme Court and Hon’ble High Courts judgments referred supra , we admit

LOTUS FOOTWEAR ENTERPRISES LIMITED-INDIA BRANCH,TIRUVANNAMALAI vs. DCIT, INTERNATIONAL TAX 1(2), CHENNAI

In the result all the four appeals of the assessee are allowed

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

183% c. Increase in no of employees of the existing unit LU1 has become – 107% d. Investments in existing unit LU1 has become 135% 35. Further, the ld.AR stated that there is not even a reduction in anyone parameter. At any rate, section 10AA(4) of the Act is an anti-avoidance provision which should be strictly construed and when

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI vs. ASHOK LEYLAND LIMITED, CHENNAI

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

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

gainfully refer to the decision of the Hon'ble Apex Court in the case of NTPC v. CIT (229 ITR 383) wherein it was held that, if a claim is available in law which had not been raised ITA Nos.1402 & 1663/Chny/2024 (AY 2019-20) M/s. Ashok Leyland Ltd. :: 25 :: inadvertently or on account of erroneous plea of complex comp legal

ASHOK LEYLAND LIMITED,CHENNAI vs. DCIT NON CORP CIRCLE 8(1) LTU - II, CHENNAI

Bench: SHRI ABY T. VARKEY (Judicial Member), SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER\nआयकर अपील सं./ITA No.1402/Chny/2024\nनिर्धारण वर्ष/Assessment Year: 2019-20\nM/s. Ashok Leyland Ltd.,\nNo.1, Sardar Patel Road,\nGuindy, Chennai-600 032.\n[PAN: AAAСА 4651 L]\n(अपीलार्थी/Appellant)\nv.\nThe DCIT,\nNCC-8(1),\nLTU-II,\nChennai.\n(प्रत्यर्थी/Respondent)\nआयकर अपील सं./ITA No.1663/Chny/2024\nनिर्धारण वर्ष/Assessment Year: 2019-20\nThe DCIT,\nNCC-8,\nChennai.\n(अपीलार्थी/Appellant)\nv.\nM/s. Ashok Leyl

gainfully refer to the decision of the Hon'ble\nApex Court in the case of NTPC v. CIT (229 ITR 383) wherein it was\nheld that, if a claim is available in law which had not been raised\nITA Nos.1402 & 1663/Chny/2024 (AY 2019-20)\nM/s. Ashok Leyland Ltd.\n:: 25 ::\ninadvertently or on account of erroneous plea of complex comp