MOSBACHER INDIA LLC,CHENNAI vs. ADDL. DIT, CHENNAI

In the result, the appeal is partly allowed in the terms indicated above

5 of 21 liable to be taxed as business income under section 44(2)(b). He also held that in terms of the provisions of Section 44(2)(b) and the explanations given by CBDT, vide circular no. 772 dated 23rd December 1998, these amounts cannot be taxed as capital gains

ACIT, CHENNAI vs. KANNAN SANTHANAM, CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri D.S. Sunder Singhआयकर अपील सं./Ita No.636/Mds/2016 "नधा"रण वष" / Assessment Year : 2011-12 The Assistant Commissioner Of Shri Kannan Santhanam, Income Tax, V. 401-A Laures 59-60, Non Corporate Circle 16, C.P. Ramasamy Road, Alwarpet, Chennai - 600 034. Chennai - 600 018. Pan : Aahps 1094 F (अपीलाथ"/Appellant) (""यथ"/Respondent)

Section 254(2) of the Act. When the assessee deposited money, according to the Ld. 5 I.T.A. No.636/Mds/16 representative, the capital gain

SHRI RAMALINGAM NAGARAJAN,CHENNAI vs. ITO, NCW - 21 (3),, CHENNAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Ble

section 54 of the Act, the technical violation of not utilizing the exempted capital gains through the prescribed capital gains account to the extent quantified in the assessment order would not negate the claim for tax exemption as per the computation forming part of the return of income filed for the assessment year under consideration. 5

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

5. Being aggrieved by the assessment order, the assessee preferred appeal before the CIT(A). Before the CIT(A), the assessee has filed a detailed written submission on the issue and contended that the assessee has satisfied conditions prescribed u/s. 54 of the Act, including depositing unutilized amount of capital gain into capital gain deposit account

JAGANNATHAN SAILAJA CHITTA,CHENNAI vs. ITO, CHENNAI

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

Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.1207/Mds/2017 "नधा"रण वष"/Assessment Year:2012-13 Smt. Jagannathan Sailaja Chitta, The Income Tax Officer, New No. 4, Old No. 33, Vs. International Taxation 2(2), Krishna Street, T. Nagar, Chennai 34. Chennai – 17. [Pan:Biqps3751R] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri B. Ramakrishnan, C.A. ""यथ" क" ओर से/Respondent By : Shri A. Srinivasan, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 13.07.2017 घोषणा क" तार"ख /Date Of Pronouncement : 27.09.2017 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) 16, Chennai, Dated 27.03.2017 Relevant To The Assessment Year 2012-13, Wherein, Besides The Ld. Cit(A) Has Not Adjudicated The Additional Ground Raised By The Assessee With Regard To The Claim Of Exemption Under Section 54F Of The Income Tax Act, 1961 [“Act” In Short], The Ld. Cit(A) Has Erred In Confirming Various Disallowances Made Under Section 50C Of The Act, Confirming Disallowance

5. We have heard both sides, perused the materials available on record and gone through the orders of authorities below. During the financial year 2011-12, the assessee sold lands at Sholinganallur village and also house property at Vijayaraghavachari Road, T. Nagar and admitted capital gains after claiming indexation on cost of purchase. The assessee claimed deduction under section

ANNIRUTHA RAGHUVEER,CHENNAI vs. ITO, NCW-1(1), CHENNAI

In the result, appeal filed by the assessee is allow

Bench: Shri Aby T. Varkey & Shrimanoj Kumar Aggarwal

section 54 of the Act barring the deposit of the sale proceeds in the "capital gain scheme account". Moreover, the facts reveal that th scheme account". Moreover, the facts reveal that the assessee had deposited the e assessee had deposited the entire sale proceeds in his savings bank account maintained with nationalized entire sale proceeds in his savings bank account

T.L.SRITHARAN,CHENNAI vs. ACIT NON CORPORATE CIRCLE-14, CHENNAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 1596/Chny/2019 िनधा"रण वष" / Assessment Year: 2014-15 T.L. Sritharan, The Assistant Commissioner Of New No. 13, (Old No. 1), V. Income Tax, Swaminathan Street, Non-Corporate Circle -14, West Mambalam, Chennai – 600 034. Chennai – 600 033. [Pan: Aepps-6766-J] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. R. Vijayaraghavan, Advocate & Shri. Saroj Kumar Parida, Advocate ""यथ" क" ओर से/Respondent By : Shri. Ar.V. Sreenivasan, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 22.12.2022 घोषणा क" तारीख/Date Of Pronouncement : 04.01.2023 आदेश /O R D E R

section 50C and has adopted :-15-: ITA. No:1596/Chny/2019 guideline value of the property as on the date of transfer. Further, the AO has allowed cost of acquisition in accordance with law and has arrived net capital gains in respect of both the properties. In our considered view, the method adopted by the AO is in accordance with

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.

capital gain will be charged to tax as there was a transfer under the provisions of section 2(47)(v) of the Act. The value of the property was determined as on the date of execution of JDA by adopting the guideline value at ₹.5

ADHI KUMARA GURU,CHENNAI vs. DCIT, NCC-22(1), CHENNAI

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

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaमाननीय "ी मनु कुमार िग"र, "ाियक सद" एवं माननीय "ी अिमताभ शु"ा, लेखा सद" के सम"

Capital Gain'. It is also seen that rental income under the head 'income from house property' in respect of 3 properties other than a self 'income from house property' in respect of 3 properties other than a self 'income from house property' in respect of 3 properties other than a self- occupied property is offered in occupied property is offered

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].

5) Nothing in this section shall affect the provisions of sub-section (6) of section 159. 11. He argued that even as per section 45(4) r.w.s 189, the capital gains

ACIT, LTU-2,, CHENNAI vs. ASHOK LEYLAND LIMITED, CHENNAI

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

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

sections 4, 5 and 9 of the Income-tax Act.” 8.5 In view of the above decision (supra), the contention raised by the Ld. CIT, DR fails. For the reasons as afore-stated, we hold that the assessee was not required to deduct tax at source u/s.195 of the Act on the impugned payment, and therefore, the disallowance made

P. ANANTHRAM,COIMBATORE vs. ACIT, NON-CORPORATE CIRCLE-2, COMBATORE MAIN BUILDING, 63, RACE COURSE ROAD, COIMBATORE

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.155/Chny/2021 िनधा"रण वष" /Assessment Year: 2016-17 P. Ananth Ram, The Asst. Commissioner Of 36, West Venkataswamy Road, Vs. Income Tax, R.S. Puram, Non Corporate Circle-2, Coimbtore – 641 002. Coimbatore. [Pan: Anxpa-6262-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Respondent By : Shri S. Marudhu Pandyan, Cit सुनवाई क" तारीख/Date Of Hearing : 21.12.2022 घोषणा क" तारीख /Date Of Pronouncement : 21.12.2022

5 -: “2. Annexure to computation of Capital Gains on sale of shares, as per the return of income, is enclosed herewith along with Fair market value calculation as on 1.4.1981. Copy of share transfer Form SH 4 for transfer of 7200 shares is enclosed. In this Form SH 4, the total sale consideration is shown

M/S. MAHINDRA RESIDENTIAL DEVELOPERS LTD.,,KANCHIPURAM vs. ITO, CORPORATE WARD - 4 (1),, CHENNAI

In the result, the appeals of the assessee for AYs 2012-13, 2013-14

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.870/Chny/2017 िनधा"रणवष"/Assessment Year: 2012-13 & आयकर अपील सं./Ita Nos.338 & 339/Chny/2020 िनधा"रणवष"/Assessment Years: 2013-14 & 2014-15

gains can be computed? The High Court opined that the right conferred on the lessee under the lease deed was also a capital asset in the hands of the assessee-lessor. By giving a liberal meaning to the word "transfer" in section 2(47) of the Act the High Court held that there was a transfer of capital asset

ASSISTANT COMMISSIONER OF INCOME TAX, CHENNAI vs. MANIKANDAN, CHENNAI

The appeal of the Revenue is dismissed

gains in the\nhands of the assessee. Aggrieved, the assessee filed further appeal before the\nCIT(A).\n3. The CIT(A) gave relief to the assessee by placing reliance on the\ndecision of the Coordinate Bench in the case of another partner of CRLC Mr.\nGokulakrishna vs. DCIT in ITA No.1088/Chny/2025 dated 17.06.2025. The\nrevenue is in appeal before

PALANISAMY RANI,ERODE vs. PCIT-1, COIMBATORE, COIMBATORE

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1490/Chny/2023 िनधा"रणवष" / Assessment Year: 2017-18 Principal Commissioner Of Palanisamy Rani, V. Income Tax, 38, Emm Road-2, Chennimalai Coimbatore. Road, Erode – 638 001. [Pan:Biqpr-2991-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. T. Vasudevan, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nandakumar, Cit सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 10.07.2024 आदेश /O R D E R

Section 263 of the Act, considered the order of assessment passed by AO, U/s.143(3) dated 28/12/2019 as erroneous and prejudicial to the interest of revenue and issued a show cause notice dated 10/03/2022 by fixing the hearing date as 15/03/2022 and passed an exparte order U/s.263 of the Act on 23/03/2022. Aggrieved by the order U/s.263 of the Ld.PCIT

LATE S. YOGARATHINAM, REP. BY L/H Y. SHANMUGA DURAI,CHENNAI vs. ACIT, CIRCLE-1(2), CHENNAI

In the result the appeal of the assessee is allowed

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.:626/Chny/2024 िनधा"रण वष"/Assessment Year:2010-11 Shri Y. Shanmuga Durai, L/H Of Acit Late S.Yogarathinam Vs. Circle -1(2) Old No.24, No.14, Chennai. 17/24, Ramanathan Street, T.Nagar, Chennai-600 017. Pan: Aakpy-9845-P (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Mr. N. Arjun Raj, Advocate ""यथ"क"ओरसे/Respondent By : Mr. Ar.V. Sreenivasan, Cit सुनवाई क" तारीख/Date Of Hearing : 06.03.2025 घोषणा क" तारीख/Date Of Pronouncement : 17.03.2025

5. The CIT (Appeals) -18, Chennai failed to appreciate that settlement deed dated 05.03.2010 entered between the late appellant and his brother, Mr. Rajarathinam for the mutual exchange of 30 properties for 55 properties respectively wrongly construed as transfer of property / extinguishment of rights on such immovable properties for the purpose of computing Capital Gains on such transfer, the consequential

CHANDRA BHAVANI SANKAR,CHENNAI vs. ITO, NON CORP WARD 16(2), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.101/Chny/2024 िनधा"रण वष"/Assessment Year: 2012-13 V. Shri Chandra Bhavani Sankar, The Ito, 1/3A, Vinayakar Koil Street, Ncw-16(2), Thalambur, Chennai. Chennai-600 130. [Pan: Aeypb 1764 J] (अपीलाथ"/Appellant) (""यथ"/Respondent)

5 :: in Tax Case Appeal No.520 of 2017 dated 06.08.2018, wherein, the Hon’ble Madras High Court on similar issues has held as under: 14. Under Section 54(1) of the said Act, the capital gain

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

capital gain account scheme and relied on the Mumbai High Court and Tribunal decision, has excluded the purchase of land in 2007 at Jorbarg as it does not fall within the construction provisions of section 54 of the Act and made addition to the Returned income and passed Assessment Order under 143(3) dated 27.03.2013. 4. Aggrieved by the order