ACIT, TRICHY vs. GRAMA VIDIYAL TRUST, TRICHY

In the result, appeal of Revenue in 345/2013 is partly allowed for

Bench: Shri Chandra Poojari & Shri G.Pavan Kumar

iv) The Grama Vidiyal Trust is doing the charitable and non microfinance activities from January 2008 onwards. v) Before January 2008 Grama Vidiyal Trust has availed loan from various banking and financial institutions for their microfinance activities. vi) The Grama Vidiyal Trust stated to have passed one resolution in the executive board meeting stating all lending activities carried

INVESTOR FINANCIAL EDUCATION ACADEMY,CHENNAI vs. ITO (EXEMPTION) - 4, CHENNAI

In the result, the appeal filed by the assessee is allowed and the substantial questions of law framed for consideration, are answered in favour of the assessee

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.3006 & 3007/Chny/2018 िनधा"रण वष"/Assessment Years: 2018-19 M/S. Investor Financial Education Vs. The Income Tax Officer Academy, 5A, 5Th Floor, Kences Tower, (Exemption) - 4, No. 1, Ramakrishnan Street, T. Nagar, Chennai 600 034. Chennai 600 017. [Pan:Aacci5911R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Sivaraman, Advocate ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 08.02.2022 घोषणा की तारीख /Date Of Pronouncement : 12.04.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Exemptions), Chennai Both Dated 28.09.2018 Passed Under Section 80G(5)(Vi) As Well As 12Aa Of The Income Tax Act, 1961 Relevant To The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Originally Filed The Application In Form No. 10A For Registration Under Section 12Aa Of The 2

80G(5)(vi) as well as 12AA of the Income Tax Act, 1961 relevant to the assessment year 2018-19. 2. Brief facts of the case are that the assessee originally filed the application in Form No. 10A for registration under section 12AA of the 2 I.T.A. Nos. 3006 & 3007/Chny/18 Act on 02.03.2017. The ld. CIT(E), vide his order

INVESTOR FINANCIAL EDUCATION ACADEMY,CHENNAI vs. ITO (EXEMPTION) - 4, CHENNAI

In the result, the appeal filed by the assessee is allowed and the substantial questions of law framed for consideration, are answered in favour of the assessee

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.3006 & 3007/Chny/2018 िनधा"रण वष"/Assessment Years: 2018-19 M/S. Investor Financial Education Vs. The Income Tax Officer Academy, 5A, 5Th Floor, Kences Tower, (Exemption) - 4, No. 1, Ramakrishnan Street, T. Nagar, Chennai 600 034. Chennai 600 017. [Pan:Aacci5911R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Sivaraman, Advocate ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 08.02.2022 घोषणा की तारीख /Date Of Pronouncement : 12.04.2022 आदेश /O R D E R Per V. Durga Rao: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Exemptions), Chennai Both Dated 28.09.2018 Passed Under Section 80G(5)(Vi) As Well As 12Aa Of The Income Tax Act, 1961 Relevant To The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee Originally Filed The Application In Form No. 10A For Registration Under Section 12Aa Of The 2

80G(5)(vi) as well as 12AA of the Income Tax Act, 1961 relevant to the assessment year 2018-19. 2. Brief facts of the case are that the assessee originally filed the application in Form No. 10A for registration under section 12AA of the 2 I.T.A. Nos. 3006 & 3007/Chny/18 Act on 02.03.2017. The ld. CIT(E), vide his order

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

Section 80-IA(8) of the Act. According to us, the sale price cannot further be segregated by imputing price attributable to marketing and R&D efforts for the simple reason that there is no such provision contained in law. We agree with the Ld. AR that, the method of computation to be adopted by the assessee, in line with

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

Section 80-IA(8)\nof the Act. According to us, the sale price cannot further be segregated\nby imputing price attributable to marketing and R&D efforts for the\nsimple reason that there is no such provision contained in law. We agree\nwith the Ld. AR that, the method of computation to be adopted by the\nassessee, in line with

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

M/S AVM CHARITIES,CHENNAI vs. ITO,EXEMPTION WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

5. Consequent to survey u/s.133A of the Act, the assessment for AYs 2012-13 to 2016-17, have been re-opened u/s.147 of the Act, for reasons ITA Nos.1632 to 1638/Chny/2023 :: 6 :: recorded, as per which, any income chargeable to tax had been escaped assessment on account of under assessment of rental income from letting out of property to M/s.CFD

AVM CHARITIES,CHENNAI vs. ITO, EXEMPTION WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

5. Consequent to survey u/s.133A of the Act, the assessment for AYs 2012-13 to 2016-17, have been re-opened u/s.147 of the Act, for reasons ITA Nos.1632 to 1638/Chny/2023 :: 6 :: recorded, as per which, any income chargeable to tax had been escaped assessment on account of under assessment of rental income from letting out of property to M/s.CFD

M/S AVM CHARITIES ,CHENNAI vs. ITO,EXEMPTIONS WARD-1, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

5. Consequent to survey u/s.133A of the Act, the assessment for AYs 2012-13 to 2016-17, have been re-opened u/s.147 of the Act, for reasons ITA Nos.1632 to 1638/Chny/2023 :: 6 :: recorded, as per which, any income chargeable to tax had been escaped assessment on account of under assessment of rental income from letting out of property to M/s.CFD

M/S AVM CHARITIES,CHENNAI vs. ITO, EXEMPTIONS WARD-1, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

5. Consequent to survey u/s.133A of the Act, the assessment for AYs 2012-13 to 2016-17, have been re-opened u/s.147 of the Act, for reasons ITA Nos.1632 to 1638/Chny/2023 :: 6 :: recorded, as per which, any income chargeable to tax had been escaped assessment on account of under assessment of rental income from letting out of property to M/s.CFD

M/S AVM CHARITIES,CHENNAI vs. ITO, EXEMPTION WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

5. Consequent to survey u/s.133A of the Act, the assessment for AYs 2012-13 to 2016-17, have been re-opened u/s.147 of the Act, for reasons ITA Nos.1632 to 1638/Chny/2023 :: 6 :: recorded, as per which, any income chargeable to tax had been escaped assessment on account of under assessment of rental income from letting out of property to M/s.CFD

M/S. A V M CHARITIES,CHENNAI vs. ITO, EXEMPTIONS WARD-1, CHENNAI, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

5. Consequent to survey u/s.133A of the Act, the assessment for AYs 2012-13 to 2016-17, have been re-opened u/s.147 of the Act, for reasons ITA Nos.1632 to 1638/Chny/2023 :: 6 :: recorded, as per which, any income chargeable to tax had been escaped assessment on account of under assessment of rental income from letting out of property to M/s.CFD

AVM CHARITIES,CHENNAI vs. ITO, EXEMPTIONS WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

5. Consequent to survey u/s.133A of the Act, the assessment for AYs 2012-13 to 2016-17, have been re-opened u/s.147 of the Act, for reasons ITA Nos.1632 to 1638/Chny/2023 :: 6 :: recorded, as per which, any income chargeable to tax had been escaped assessment on account of under assessment of rental income from letting out of property to M/s.CFD

ACIT, CHENNAI vs. NARESH PRASAD AGARWAL, CHENNAI

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George]

iv) The assessee has not explained as to how there can be negative balance in the customers’ advance account. E.g on 11-11-2010 it shows a negative balance of 54.93 lakhs and it goes up to 7.42 crore negative balance on 25-11-2010’’. 14. Nevertheless, ld. Assessing Officer allowed telescoping such peak credits with the suppression in sales

NARESH PRASAD AGARWAL,CHENNAI vs. DCIT, CHENNAI

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George]

iv) The assessee has not explained as to how there can be negative balance in the customers’ advance account. E.g on 11-11-2010 it shows a negative balance of 54.93 lakhs and it goes up to 7.42 crore negative balance on 25-11-2010’’. 14. Nevertheless, ld. Assessing Officer allowed telescoping such peak credits with the suppression in sales

SAHAI & SONS (I) LTD.,CHENNAI vs. DCIT, CHENNAI

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George]

iv) The assessee has not explained as to how there can be negative balance in the customers’ advance account. E.g on 11-11-2010 it shows a negative balance of 54.93 lakhs and it goes up to 7.42 crore negative balance on 25-11-2010’’. 14. Nevertheless, ld. Assessing Officer allowed telescoping such peak credits with the suppression in sales

ACIT CENTRAL CIRCLE 3(1), CHENNAI vs. SHIV SAHAI & SONS (INDIA) LTD., CHENNAI

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George]

iv) The assessee has not explained as to how there can be negative balance in the customers’ advance account. E.g on 11-11-2010 it shows a negative balance of 54.93 lakhs and it goes up to 7.42 crore negative balance on 25-11-2010’’. 14. Nevertheless, ld. Assessing Officer allowed telescoping such peak credits with the suppression in sales