V RAMAKRISHNAN,CHENNAI vs. DCIT CENTRAL CIRCLE III(4), CHENNAI

In the result, the appeal for the A

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

set off is governed by Sections 70 to 74. What the Appellant has suffered is a loss of capital which is separate from a loss under the head capital gains

V RAMAKRISHNAN,CHENNAI vs. DCIT CENTRAL CIRCLE III(4) , CHENNAI

In the result, the appeal for the A

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

set off is governed by Sections 70 to 74. What the Appellant has suffered is a loss of capital which is separate from a loss under the head capital gains

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

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

set aside. 14. The Ld CIT(A) and the Ld AO erred in not appreciating that the re- classification of income as 'business income' taxable at 42.23 percent as opposed to 'capital gains' taxable at 21.115 percent amounts to a variation in the income returned, which is prejudicial to the interest of the Appellant. Levy of interest under section 234B

SHRI RAMASWAMY SHIVARAMAN,,CHENNAI vs. ACIT, CC - 1 (1),, CHENNAI

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकरअपीलसं./Ita No.571/Chny/2020 िनधा"रणवष"/Assessment Year: 2016-17

set off of short term capital loss against long term capital gains and further exemption claimed u/s.54F of the Income

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

set off of capital loss against :-3-: ITA. No:1596/Chny/2019 capital gain. In response, the assessee submitted that, on 14.08.2013 he had transferred

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

gain / loss enters into the computation only on actual sale, which in this case, is in the AY 2015-16. The sale consideration arrived at upon actual transfer in AY 2015-16 is also supported by valuation report from an independent Chartered Accountant. The assessee has computed the FMV as on date of conversion as the sale consideration for computation

LAKSHMANAN,,CHENNAI vs. ITO, NCW - 1 (3),, CHENNAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.2882/Chny/2018 & नि◌धा"रण वष" /Assessment Year: 2015-16 V. Mr.Lakshmanan, The Income Tax Officer, No.7/2, 1St Floor, Akm Nest, Non-Corporate Ward-1(3), Jawaharlal Nehru Street, T.Nagar, Chennai. Chennai-600 017. [Pan: Aabpl 4326 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

set off of brought forward capital loss against short term capital gains, the AO has denied brought forward capital loss

LAKSHMANAN,CHENNAI vs. ITO N.C.W 1(3), CHENNAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.2882/Chny/2018 & नि◌धा"रण वष" /Assessment Year: 2015-16 V. Mr.Lakshmanan, The Income Tax Officer, No.7/2, 1St Floor, Akm Nest, Non-Corporate Ward-1(3), Jawaharlal Nehru Street, T.Nagar, Chennai. Chennai-600 017. [Pan: Aabpl 4326 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

set off of brought forward capital loss against short term capital gains, the AO has denied brought forward capital loss

LAKSHMANAN REVATHI,CHENNAI vs. ITO N.C.W 1(3), CHENNAI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.2882/Chny/2018 & नि◌धा"रण वष" /Assessment Year: 2015-16 V. Mr.Lakshmanan, The Income Tax Officer, No.7/2, 1St Floor, Akm Nest, Non-Corporate Ward-1(3), Jawaharlal Nehru Street, T.Nagar, Chennai. Chennai-600 017. [Pan: Aabpl 4326 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

set off of brought forward capital loss against short term capital gains, the AO has denied brought forward capital loss

IL&FS TAMILNADU POWER COMPANY LTD,CHENNAI vs. DCIT CORP CIRCLE 1(1), CHENNAI

In the result, the appeal of the revenue is partly allowed for statistical purposes

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.1332/Chny/2024, Assessment Years: 2018-19 आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Il & Fs Tamil Nadu Power Company Deputy Commissioner Of Income Limited, Tax, Old No.21, New No.2, Kpr Tower, Corporate Circle-1(1), 4Th Floor, Greams Road, Chennai S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] आयकर अपील सं./Ita No.1694/Chny/2024, Assessment Years: 2018-19 Deputy Commissioner Of Income Il & Fs Tamil Nadu Power Company Tax, Limited, Corporate Circle-1(1), Old No.21, New No.2, Kpr Tower, Chennai 4Th Floor, Greams Road, S.O, Nungambakkam Chennai-600 006. [Pan: Aabcf1176A] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri.Ashwin, Ca प्रत्यर्थी की ओर से /Revenue By : Shri Shivanand K Kalakeri, Cit सुनवाई की तारीख/Date Of Hearing : 26.03.2025 घोषणा की तारीख /Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

capital account or on revenue account irrespective of whether it results in more tax or not. Consequently, the transaction entered by the assessee would fall in the nature of revenue receipt. We are therefore of the considered view that there is no case for any interference to the order of the Ld.CIT(A) at this stage. Accordingly, all the grounds

DCIT, CHENNAI vs. ACCEL LIMITED, CHENNAI

In the result, the appeal of the assessee is allowed for 38

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

gains' - Assessment year 1975-76 - Whether loss incurred by assessee on an unrealised deposit could not be termed as a capital loss under section 45 as same had not arisen by transfer of any capital asset, which was a pre- condition for loss to be treated as capital loss, thus, such a loss could not be carried forward and set

ACCEL LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal of the assessee is allowed for 38

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

gains' - Assessment year 1975-76 - Whether loss incurred by assessee on an unrealised deposit could not be termed as a capital loss under section 45 as same had not arisen by transfer of any capital asset, which was a pre- condition for loss to be treated as capital loss, thus, such a loss could not be carried forward and set

ACCEL LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal of the assessee is allowed for 38

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

gains' - Assessment year 1975-76 - Whether loss incurred by assessee on an unrealised deposit could not be termed as a capital loss under section 45 as same had not arisen by transfer of any capital asset, which was a pre- condition for loss to be treated as capital loss, thus, such a loss could not be carried forward and set

ACIT, CHENNAI vs. M/S. TVS MOTOR COMPANY LIMITED, CHENNAI

In the result, appeal of the revenue is dismissed

Bench: S/Shri Shri Chandra Mohan Garg, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2008-09 The The Asst. Asst. Commissioner Commissioner Of Of Vs. M/S. Tvs Motor Company Ltd., M/S. Tvs Motor Company Ltd., Income Tax, Company Circle Income Tax, Company Circle- Jayalakshmi Estates, 29 (Old Jayalakshmi Estates, 29 (Old Iii(2), New Block, 4Th Floor, 121, Iii(2), New Block, 4 No.8), Haddows Road, Chennai No.8), Haddows Road, Chennai Mahatma Mahatma Gandhi Gandhi Road, Road, Nungambakkam, Chennai Nungambakkam, Chennai Pan/Gir No.Aaacs 7032 B Aaacs 7032 B (Appellant) (Appellant .. ( Respondent Respondent) Assessee By : Shri Vikram Vijayaraghavan, Vikram Vijayaraghavan, Ar Revenue By : Dr. S.Palanikumar, Cit ( Cit (Dr) Date Of Hearing : 24 /2/ 2022 2 Date Of Pronouncement : 13/4/20 /2022 O R D E R Per C.M.Garg, Jm , Jm

set off the loss against the income available in view of the provisions of sec. 70 of the Act. Losses in respect of any source of income under any head of income, other than under the head capital gains

ASSISTANT COMMISSIONER OF INCOME TAX CORPORATE CIRCLE 1 1, CHENNAI vs. IL AND FS TAMILNADU POWER COMPANY LIMITED, CHENNAI

In the result, the appeal of the revenue is partly allowed for\nstatistical purposes

capital account or on revenue account\nirrespective of whether it results in more tax or not. Consequently, the\ntransaction entered by the assessee would fall in the nature of revenue\nreceipt. We are therefore of the considered view that there is no case\nfor any interference to the order of the Ld.CIT(A) at this stage.\nAccordingly, all the grounds

VIMALARANI BRITTO,CHENNAI vs. ACIT CENTRAL CIRCLE 2(4), CHENNAI

In the result, appeal filed by the assessee is treated as

Bench: Shri V.Durga Rao & Shri G.Manjunathaआयकरअपीलसं./I.T.A.No.2992/Chny/2019 ("नधा"रणवष" / Assessment Year: 2011-12) Smt. Vimalarani Britto Vs Assistant Commissioner Of 13, Kasturba Nagar, Income Tax, 3Rd Main Road, Adyar, Central Circle-2(4) Chennai-600 020. Chennai. Pan: Aadpv 8816C (अपीलाथ"/Appellant) (""यथ"/Respondent)

loss from any head of income other than ‘capital gains’ and ‘business or profession’ against income from another head of income including capital gains in the same assessment year. Although, there is no precedence of set

PADMA VASHI SHEWARAMANI,CHENNAI vs. ADIT, CHENNAI

In the result, the impugned is set aside and the appeal of the

Bench: Shri A. Mohan Alankamony & Shri Vikas Awasthyआयकर अपील सं./Ita No.2281/Mds/2014 "नधा"रण वष" /Assessment Year : 2007-08 Smt. Padma Vashi Shewaramani, The Assistant Director Of No.73, Janki Bhawan, V. Income Tax, Sardar Patel Road, International Taxation, Guindy, Chennai - 600 032. Chennai - 600 034. Pan : Aayps 4687 D (अपीलाथ"/Appellant) (""यथ"/Respondent)

setting off of short term capital loss against short term capital gains, the Ld. A.R. contended that the loss on sale

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

capital gains, did not give a clear finding as to whether the building was taxed at the appropriate rates or not. From the table mentioned in para.4, it is clear that provisions of section SOC of the Act ought to have been invoked, which the AO had carried out correctly, but the impugned assessment order is :-6-: ITA. No:1490/Chny/2023

DCIT, CHENNAI vs. TVS INVESTMENTS LRD.,, CHENNAI

In the result, the Revenue's appeal as well as the assessee's Cross Objection are allowed for statistical purposes

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.262/Chny/2017 (िनधा*रण वष* / Assessment Year: 2010-11) Dcit M/S. Tvs Capital Funds (P) Limited (Formerly Known As Tvs Investments Limited) Corporate Circle-3(1) बनाम/ Jayalakshmi Estates, Chennai-600 034. Vs. No.29, (Old No.8), Haddows Road Chennai-600 006. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaact-1154-H (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. D. Praveen (Jcit) -Ld. Dr " थ"कीओरसे/Respondent By : Shri R. Vijayaraghavan, (Advocate)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 15-05-2024 घोषणाकीतारीख /Date Of Pronouncement : 11-06-2024 आदेश / O R D E R

set off the capital loss arising out of the sale of shares against the capital gains arising out of the sale