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

Section 50C, the prevailing jurisprudence is that, the said deeming fiction only applies to sale of land & building and not where only leasehold rights are transferred for a finite period. In this context, the Hon’ble Delhi High Court (supra) has clarified that, grant of perpetual lease is a permanent transfer and thus akin to sale. The ratio laid down

MAHINDRA RESIDENTIAL DEVELOPERS LTD.,CHENGALPUT vs. ITO, CHENNAI

Section 50C, the\nprevailing jurisprudence is that, the said deeming fiction only applies to\nsale of land & building and not where only leasehold rights are transferred\nfor a finite period. In this context, the Hon'ble Delhi High Court (supra)\nhas clarified that, grant of perpetual lease is a permanent transfer and\nthus akin to sale. The ratio laid down

SPL SHELTERS PVT. LTD.,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(4), CHENNAI

Bench: Shri George George K & Ms Padmavathy S, Am

gain computation, as made by the Assessing Officer, thus stands disapproved. The assessee gets the relief accordingly. (emphasis supplied) 14. The ratio laid down in the above decision is that the rational for holding newly inserted proviso to sub-section (1) to section 50C of the Act as curative in nature, hence, having retrospective application. In our considered view

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI vs. SPL SHELTERS PRIVATE LIMITED, CHENNAI

Bench: Shri George George K & Ms Padmavathy S, Am

gain computation, as made by the Assessing Officer, thus stands disapproved. The assessee gets the relief accordingly. (emphasis supplied) 14. The ratio laid down in the above decision is that the rational for holding newly inserted proviso to sub-section (1) to section 50C of the Act as curative in nature, hence, having retrospective application. In our considered view

DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI vs. SHRIPROP PROPERTIES PRIVATE LIMITED, BANGALORE

Bench: Shri George George K & Ms Padmavathy S, Am

gain computation, as made by the Assessing Officer, thus stands disapproved. The assessee gets the relief accordingly. (emphasis supplied) 14. The ratio laid down in the above decision is that the rational for holding newly inserted proviso to sub-section (1) to section 50C of the Act as curative in nature, hence, having retrospective application. In our considered view

M/S. AMBATTUR DEVELOPERS PVT. LTD.,CHENNAI vs. ITO, CORPORATE WARD-1(1), CHENNAI

In the result the appeal of the assessee is allowed

capital gains computation under Section 50C.\n13) The combined value of the land and the Hotel building with\nthe facilities is well worth the Rs.365.12 Crores and the total tangible\nassets Rs.470.11 Crores as taken by the Appellant and the value of\nintangible assets at Rs.26 Crores as given by Registered valuers.\nNeither the AO or the CIT(A) have

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].

2 of the assessment order under section 147 r.w. 143(3), dated 30.03.2022 and argued that the reason stated for reopening was escapement of the Income in the form of Capital Gains arising out of the sale of Land relating to M/s Baliga Lighting Company- a Partnership Firm, in which the assessee was the legal heir to the deceased partner

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\n& 2014-15 stands dismissed

Section 50C,\nthe prevailing jurisprudence is that, the said deeming fiction only applies to\nsale of land & building and not where only leasehold rights are transferred\nfor a finite period. In this context, the Hon'ble Delhi High Court (supra)\nhas clarified that, grant of perpetual lease is a permanent transfer and\nthus akin to sale. The ratio laid down

SHRIPROP PROPERTIES PVT. LTD.,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(4), CHENNAI

Accordingly.\n15. In result, appeal of both the assessees in ITA No. 1172 & 1173/Chny/2025\nare allowed and the appeal of the revenue in ITA No

gains under this anti-avoidance provision. In our humble\nunderstanding, it is a case of a curative amendment to take care of\nunintended consequences of the scheme of Section 50C. It makes\nperfect sense, and truly reflects a very pragmatic approach full of\ncompassion and fairness, that just because there is a small variation\nbetween the stated sale consideration

ASSISTANT COMMISSIONER OF INCOME TAX NCC3(1) CHENNAI, NUNGAMBAKKAM vs. SHRI VENKATESH MEGHRAJ KATHARE , ALWARPET

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

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.:974/Chny/2024 िनधा"रण वष"/Assessment Year:2014-15 The Assistant Commissioner Shri Venkatesh Meghraj Kathare, Of Income Tax, Vs. New No.205, Old No.128, Non-Corporate Circle 3(1), St. Mary Road, Chennai. Chennai – 600 018. Pan: Aadpk 5251E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. R. Anita, Addl.Cit ""यथ" क" ओर से/Respondent By : Shri G. Seetharaman, C.A. सुनवाई क" तारीख/Date Of Hearing : 18.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 20.09.2024 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre In Order No.Itba/Nfac/S/250/2023-24/1061041943(1) Dated 16.02.2024. The Assessment Was Framed By The Assistant Commissioner Of Income-Tax, Non-Corporate Circle 3, Chennai For The Assessment Year 2014-15 U/S. 143(3) Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 30.12.2016. 2. The First Issue In This Appeal Of Revenue Is Against The Order Of Cit(A) Treating The Sale Of Land At Tiruvottiyur High Road As Long Term Capital Gain As Against Assessed By Ao As Short Term Capital Gain. For This, Revenue Has Raised The Following Grounds:- 1) The Cit(A) Has Erred On The Facts Of The Case In Treating The Capital Gains On Sale Of Land At Tiruvottiyur High Road As Long Term Capital Gain Instead Of Short Term Capital Gain Without Appreciating That :

50C of the Act on the sale of land situated at Seevaram without appreciating that the provisions of section 46(2) itself provide that the capital gain

RAMDOSS RAMVIJAY KUMAR,,CHENNAI vs. ITO, NCW - 14(5),, CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.: 3096/Chny/2019 िनधा"रण वष" / Assessment Year: 2006-07

capital gain by adopting full value consideration in terms of provisions of section 50C(1) of the Act, but fact remains that the assessee has raised his objection for adopting full value of consideration in terms of provisions of section 50C(2

TIRUCHANGODU RAMASAMY KHANNAIYANN SARASUWATHI,COIMBATORE vs. DCIT, CENTRAL CIRCLE-1,, COIMBATORE

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunatha

section 50C(2) and renders the assessment legally unsustainable as being contrary to the principles of natural justice. In the present case, though the Assessing Officer did make the reference, he failed to await the DVO’s determination and instead proceeded to compute capital gains

SMT. MURALI VIDHYA,,NAGAPATTINAM vs. ITO, WARD-2,, KUMBAKONAM

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

Bench: Shri Mahavir Singh & Shri G. Manjunathaआयकर अपील सं./Ita No.: 610/Chny/2020 िनधा"रण वष" / Assessment Year: 2014-15 Smt. Murali Vidhya, Income Tax Officer, No. 51, Subramaniyapuram, V. Ward -2, Mayiladuthurai, Kumbakonam – 612 001. Nagapattinam – 609 001. [Pan: Aohpv-4251-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.: 611/Chny/2020 िनधा"रण वष" / Assessment Year: 2014-15 Shri. Pondian Murali, Income Tax Officer, No. 51, Subramaniyapuram, V. Ward -2, Mayiladuthurai, Kumbakonam – 612 001. Nagapattinam – 609 001. [Pan: Bqbpm-8040-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate : Shri. D. Hema Bhupal, Jcit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 10.01.2023 घोषणा क" तारीख/Date Of Pronouncement : 18.01.2023 आदेश /O R D E R

section 50C of the Act and computed long term capital gains derived from sale of property at Rs. 2,18,38,612/-, after

SHRI PONDIAN MURALI,,NAGAPATTINAM vs. ITO, WARD - 2, , KUMBAKONAM

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

Bench: Shri Mahavir Singh & Shri G. Manjunathaआयकर अपील सं./Ita No.: 610/Chny/2020 िनधा"रण वष" / Assessment Year: 2014-15 Smt. Murali Vidhya, Income Tax Officer, No. 51, Subramaniyapuram, V. Ward -2, Mayiladuthurai, Kumbakonam – 612 001. Nagapattinam – 609 001. [Pan: Aohpv-4251-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकर अपील सं./Ita No.: 611/Chny/2020 िनधा"रण वष" / Assessment Year: 2014-15 Shri. Pondian Murali, Income Tax Officer, No. 51, Subramaniyapuram, V. Ward -2, Mayiladuthurai, Kumbakonam – 612 001. Nagapattinam – 609 001. [Pan: Bqbpm-8040-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. S. Sridhar, Advocate : Shri. D. Hema Bhupal, Jcit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 10.01.2023 घोषणा क" तारीख/Date Of Pronouncement : 18.01.2023 आदेश /O R D E R

section 50C of the Act and computed long term capital gains derived from sale of property at Rs. 2,18,38,612/-, after

PENUPETRUNI CHINNA RAO,CHENNAI vs. ITO, INTERNATIONAL TAXATION, WARD-1(1), CHENNAI

In the result, the appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.401/Chny/2022 (िनधा*रण वष* / Assessment Year: 2016-17) Mr. Penupatruni Chinna Rao Ito बनाम 8, Pughs Road, Sundaram Salai, International Taxation, / Vs. R.A. Puram, Chennai-600 028. Ward-1(1), Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aecpc-1481-R (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms. N.V. Lakshmi (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Shri D. Hema Bhupal (Jcit)- Ld. Sr. Dr सुनवाईकीतारीख/Date Of Final Hearing : 04-03-2024 घोषणाकीतारीख /Date Of Pronouncement : 25-04-2024 आदेश / O R D E R

2(47)(v) r.w.s.53A of the Transfer of Property Act, 1882, notwithstanding the fact that the assessee has wrongly offered the capital gain in the impugned AY. F. The learned CIT(A) should have gone by the departmental principle declared in CBDT Circular No.14(XL-35) of 1955 dated 11.04.1955 that Officers of the department must not take advantage

NATARAJ RAMAIAH,CHENNAI vs. ITO INTERNATIONAL TAX ATION WARD 2(1), CHENNAI

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 849/Chny/2024 िनधा"रणवष" / Assessment Year: 2015-16 Income Tax Officer, Nataraj Ramaiah, V. International Taxation No. 25, Kothari Road, Ward -2(1), Nungambakkam – 600 034. Chennai – 600 034. [Pan: Aaapr-5280-R] (अपीलाथ"/Assessee) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Assessee By : None ""यथ"क"ओरसे/Respondent By : Shri. G. Suresh, Jcit सुनवाई क" तारीख/Date Of Hearing : 09.07.2024 घोषणा क" तारीख/Date Of Pronouncement : 18.09.2024 आदेश /O R D E R Per S. R. Raghunatha:

gains arising there from to tax by invoking provisions of Section 50C.” 4. The facts as submitted to the Assessing Officer u/s.147 proceedings are as under: (i) During the financial year 2014-15, relevant to the AY 2015-16 i.e. on 25.02.15 the assessee sold 0.77 acres of agricultural land comprised in S.No.252/3 of Aryaperumbakkam Village to M/s. Indo

PREMA,CHENGALPATTU vs. ITO, NCW-22(1), TAMBARAM

In the result, appeal filed by the assessee in ITA

Bench: Shri Aby T. Varkey & Shri Jagadish

2. The main grievance of the assessee is against the action of the Ld.CIT(A) confirming the action of the AO making Short Term Capital Gain [STCG] addition of Rs.74,36,863/-. 3. Brief facts are that the AO has re-opened the assessment for AY 2016-17 based on the information that assessee [Smt. Prema] in the relevant assessment

PREMA,CHENGALPATTU vs. ITO, NCW-22(1), TAMBARAM

In the result, appeal filed by the assessee in ITA

Bench: Shri Aby T. Varkey & Shri Jagadish

2. The main grievance of the assessee is against the action of the Ld.CIT(A) confirming the action of the AO making Short Term Capital Gain [STCG] addition of Rs.74,36,863/-. 3. Brief facts are that the AO has re-opened the assessment for AY 2016-17 based on the information that assessee [Smt. Prema] in the relevant assessment