PRICOL ENGINEERING INDUSTRIES LTD.,COIMBATORE vs. ACIT CORPORATE CIRCEL 2, COIMBATORE

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

capital gain chargeable to tax u/s.50B of the Act in view of the discussions above. The Assessing Officer shall give adequate opportunity of being heard to the assessee before passing the fresh Assessment order.” Aggrieved, now assessee is in appeal before Tribunal. 5. We have heard rival contentions and gone through facts and circumstances of the case. Before

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

Depreciable assets 1,03,68,211 b) Other assets: Land 47,84,126 Prepaid Expenses 14,35,954 Banked Units 1,00,67,969 Unbilled revenue 7,86,53,504 9,49,41,553 C) Less: Liabilities: Provision for expenses 14,24,593 10,38,85,171 B = a + b - c Net worth C). Capital gains

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

Capital Gains (LTCG). 2.6 With respect to building, the assessee claimed to have spent an amount of Rs.35 Lacs towards cost of construction in the year 1983-84 and worked out indexed cost of Rs.326.16 Lacs. The above cost was claimed towards 20000 sq. feets of building. However, the said claim could not be substantiated by any documentary evidences

DCIT, CHENNAI vs. M/S. INDO INTERNATIONAL LTD., CHENNAI

In the result, the appeal of the Revenue is dismissed

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.58/Mds/2011 "नधा"रण वष" / Assessment Year : 2006-07 The Deputy Commissioner Of M/S Indo International Ltd., No.18, 1St Floor, Sunkurama Street, Income Tax, V. Company Circle – Ii(3), Chennai - 600 001. Chennai - 600 034. Pan : Aaaci 2408 R (अपीलाथ"/Appellant) (""यथ"/Respondent)

capital gain. Since the assessee claimed depreciation on the business premises, the gain arising out of depreciable asset has to be necessarily

DR.E.S.KRISHNAMOORTHY,CHENNAI vs. ITO NON CORPORATE WARD 1(4), CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.2529/Chny/2017 िनधा"रण वष" /Assessment Year: 2012-13 Dr.E.S.Krishnamoorthy, V. The Income Tax Officer, No.3, South Mada Street, Non-Corporate Ward-I(4), Srinagar Colony, Saidapet, Chennai. Chennai-600 015. [Pan: Alwpk 0134 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

capital gains of Rs.93,20,300/- in the hands of the assessee. Similarly, the AO had also made additions towards credit card payment of Rs.7,15,893/- when the assessee has not offered any explanation as unexplained expenditure. The AO had also made additions towards disallowance of depreciation

PENTA MEDIA GRAPHICS LTD.,CHENNAI vs. DCIT, CHENNAI

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

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1402/Chny/2015 िनधा"रण वष"/Assessment Year: 2000-01 M/S. Penta Media Graphics Ltd., The Deputy Commissioner Of ‘Taurus’, No. 25, First Main Road, Vs. Income Tax, Media Circle I, Room No. 311, 3Rd Floor, New Block, United India Colony, Kodambakkam, Chennai 600 024. 121, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034. [Pan: Aaacp1647B] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Shri G. Baskar, Advocate & : Smt. Sree Valli Lakshmi, Advocate ""थ" की ओर से/Respondent By None [Dept. Letter Submission] : सुनवाई की तारीख/ Date Of Hearing 12.04.2023 : घोषणा की तारीख /Date Of Pronouncement : 10.05.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai Dated 30.03.2015 Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

capital gains towards transfer of goodwill. Therefore, the Assessing Officer made enquiries to the assessee to explain the position. In reply to the queries made by the assessing authority, it was informed by the assessee that the sister concern has debited the consideration under the head 'goodwill', pending allocation of the excess consideration paid over depreciation

ACIT NON CORPORATE CIRCLE 20(1), CHENNAI vs. PVP CINEMAS P. LTD., CHENNAI

In the result, appeal filed by the revenue is dismissed

Bench: Shri V.Durga Rao & Shri G. Manjunathaआयकर अपीलसं./I.T.A.No.1058/Chny/2018 ("नधा"रणवष" / Assessment Year: 2009-10) The Assistant Commissioner Of Income Vs M/S. Pvp Cinemas P.Ltd. Krm Centre, 9Th Floor, Tax Non-Corporate Circle-20(1) No.2,Harrington Road, Chennai-34. Chetpet , Chennai-600 031. Pan: Aaeca 8733H (अपीलाथ"/Appellant) (""यथ"/Respondent)

capital gain derived from sale of land cost incurred by the assessee, including cost of machinery and fittings also needs to be allowed. 9 6. We have given our thoughtful consideration to the reasons given by the Assessing Officer in light of arguments advanced by the learned AR for the assessee and we ourselves do not subscribe to the reasons

THE UNION COMPANY (MOTORS) PVT. LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, the appeal filed by assessee in ITA

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar"नधा'रण वष' /Assessment Year: 2002-03

capital gains or other income arising out of this property at Anna Salai, share of assessee under joint development, share of the assessee, retaining of share by developers who are associated companies and its impact on income of the assessee , treatment in books of accounts, basis of claim of depreciation

M/S. SIVANANDHA MILLS LTD.,COIMBATORE vs. DCIT, COIMBATORE

In the result, ITA No.2106/Mds/13 is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

capital gain in assessee’s hands was not justified. 29 - - ITA 1216 & 2106/13 (iv) It was held in Dhansiram Agarwala vs. CIT 217 ITR 4 (Gau) that where the genuineness and regularity of the accounts have not been challenged, the accounts are prima facie proof of the entries and the correctness thereof under section 34 of the Evidence

SIVANANDHA MILLS LIMITED,COIMBATORE vs. ACIT, COIMBATORE

In the result, ITA No.2106/Mds/13 is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

capital gain in assessee’s hands was not justified. 29 - - ITA 1216 & 2106/13 (iv) It was held in Dhansiram Agarwala vs. CIT 217 ITR 4 (Gau) that where the genuineness and regularity of the accounts have not been challenged, the accounts are prima facie proof of the entries and the correctness thereof under section 34 of the Evidence

K.R.JAYARAM,CHENNAI vs. ACIT, COIMBATORE

In the result, the appeal of the assessee is partly allowed

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

capital gains and accepted the explanation of the assessee, therefore mere change of opinion, reopening of assessment is bad in law. Further, the ld.A.R submitted that reopening of assessment u/s.147 of the Act, there should be some outside material, which could be said to have come to the knowledge of the AO after the original assessment order was passed

M/S APEX TRANSWORLD PRIVATE LIMITED,CHENNAI vs. DCIT CC-1(1), CHENNAI

In the result, appeal filed by the assessee is dismissed

Bench: Shri Mahavir Singh, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.932/Chny/2020 िनधा"रण वष" /Assessment Year: 2011-12 V. M/S.Apex Transworld Pvt. Ltd., The Dy. Commissioner Of 38, 2Nd Main Road, Income Tax, R.A. Puram, Corporate Circle-1(1), Chennai-600 028. Chennai. [Pan: Aadca 7034 L] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Mr.K. Ramesh Babu, Ca ""यथ" क" ओर से /Respondent By : Mr. Ar.V.Sreenivasan, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 03.01.2023 घोषणा क" तारीख /Date Of Pronouncement : 11.01.2023

depreciation has not been claimed, only because the claim has been made during 148 proceedings. 5. Appellate authority erred in considering case laws " Taxman 442(SC) Commissioner of income tax vs sun engineering works (p) ltd " in Supreme court and "Satyamangalam Agriculture Cooperative Marketing Society Ltd vs Income tax officer" in Madras High Court is against facts of the present

SMT. SUDHA EASHWAR,,CHENNAI vs. ITO, NCW - 14 (3),, CHENNAI

In the result, the appeal filed by the assessee in ITA

Bench: Shri George Mathan & Shri Ramit Kocharआयकर अपील सं./Ita No.2342/Chny/2019 "नधा"रण वष" /Assessment Year: 2014-15 V. Smt. Sudha Eashwar, The Income Tax Officer No.23A, P.T.Rajan Salai, Non-Corporate Ward-14(3) K.K.Nagar, Chennai Chennai-600 078. [Pan: Alxps 0601 D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : None ""यथ" क" ओर से /Respondent By : Ms.Sumathi Venkatraman, Jcit सुनवाई क" तार"ख/Date Of Hearing : 09.10.2019 घोषणा क" तार"ख /Date Of Pronouncement : 02.01.2020 आदेश / O R D E R Per Ramit Kochar:

capital gains arising on sale of said shares. The AO observed that the above sequence of events clearly reveals that assessee has manipulated entire sequence of events related to alleged purchase of aforesaid shares to introduce unaccounted income as an exempt income. The AO called for information u/s.133(6) of the Act from Bombay Stock Exchange (in short “BSE”) regarding

PLR TEXTILES LTD.,CHENNAI vs. THE ACIT ,CORPORATE CIRCLE-5(2), CHENNAI

In the result the appeal of the assessee is partly allowed

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकरअपीलसं./Ita No.: 133/Chny/2021 िनधा"रणवष" / Assessment Year: 2005-06 Plr Textiles Ltd., The Acit, 8K, Century Plaza, V. Corporate Circle -5(2), 560-562, Mount Road, Chennai – 641 034. Chennai – 600 018. [Pan: Aaacp-6536-D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ"कीओरसे/Appellant By : Mr. R. Vijayaraghavan, Advocate ""थ"कीओरसे/Respondent By : Ms. Anitha, Addl. Cit सुनवाई की तारीख/Date Of Hearing : 06.02.2025 घोषणा की तारीख/Date Of Pronouncement : 27.03.2025 आदेश /O R D E R Per S. R. Raghunatha: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals)-3, Chennai, Vide Ita No.153/Cit(A)-3/2018-19For The Assessment Year 2005-06, Dated 13.03.2020. 2. At The Outset, We Find That There Is A Delay Of 346 Days In Appeal Filed By The Assessee, For Which Petition For Condonation Of Delay Along With Reasons For Delay Has Been Filed. After Considering The Petition Filed By The Assessee, Reason For Delay In Filing The Appeal Was Due To Covid-19 Pandemic & Also Hearing Both The :-2-:

capital gain on building as the depreciation has been claimed on building and accordingly we direct the AO to re-compute

RAMANATHAN ADAIKALAVAN,COIMBATORE, TAMIL NADU vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSESSMENT CENTRE, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./ Ita No.557/Chny/2024 निर्ाारण वर्ा /Assessment Years: 2014-15 Ramanathan Adaikalavan, Deputy Commissioner Of Income Tax, No.80, Ansari Street, Ram Nagar, Non-Corporate Circle-2, Coimbatore-641009. Coimbatore [Pan: Aanpa6846P] (प्रत्यर्थी/Respondent) (अपीलार्थी/Appellant) अपीलार्थी की ओर से/ Assessee By : Shri P.M.Kathir, Advocate. प्रत्यर्थी की ओर से /Revenue By : Ms.Gouthami Manivasagam, Jcit सुिवाई की तारीख/Date Of Hearing : 05.11.2024 घोर्णा की तारीख /Date Of Pronouncement : 06.12.2024 आदेश / O R D E R Per Amitabh Shukla, A.M :

capital gains. While doing so, it was concluded that the asset sold was depreciable asset on which depreciation was claimed

DCIT, CHENNAI vs. B.V.REDDY ENTERPRISES PVT LTD., CHENNAI

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

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.1914/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 The Deputy Commissioner Of Vs. M/S. B.V. Reddy Enterprises Pvt. Ltd., Income Tax, New No. 21/Old No. 10A, First Floor, Corporate Circle 1(2), Umayal Road, Kilpauk, Chennai 600 034. Chennai 600 010. [Pan:Aaccn2252L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Johnson, Addl. Cit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 15.09.2022 घोषणा की तारीख /Date Of Pronouncement 04.11.2022 : आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai, Dated 29.03.2019 Relevant To The Assessment Year 2010-11. 2. Facts Are, In Brief, That The Assessee Filed Its Return Of Income For The Assessment Year 2010-11 On 13.10.2010 Admitting Total Income Of ₹.15,50,25,060/-. The Assessing Officer Has Completed The Assessment Under Section 143(3) Of The Income Tax Act, 1961 [“Act” In Short] Dated

Capital Gains" and hence need not be considered while determining the net income from interest receipts. B) Expenditure general in nature: The following expenses claimed in the P&L a/c are general in nature and are mainly incurred for the purpose of maintaining assessee company and has little or no Connection with the interest receipts from banks and sisters concerns

ACIT CORPORATE CIRCLE 4(1), CHENNAI vs. MANGAL TIRTH ESTATE LTD., CHENNAI

In the result, appeal filed by the revenue is dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.: 1965/Chny/2018 िनधा"रण वष" / Assessment Year: 2014-15 Assistant Commissioner Of M/S. Mangal Tirth Estate Ltd., Income-Tax, V. No. 769, Spencer Plaza, Corporate Circle-4(1), Anna Salai, Chennai – 600 002. Chennai. [Pan: Aaacm-4614-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. P. Sajit Kumar, Jcit ""यथ" क" ओर से/Respondent By : Shri. N.V. Balaji, Advocate सुनवाई क" तारीख/Date Of Hearing : 29.11.2022 घोषणा क" तारीख/Date Of Pronouncement : 31.01.2023

gain. 6. Though the assessee company in reply dt.28.11.2016 has stated that the assessee company had been consistently following completed contract method of accumulating the cost including all overheads relevant to phase-II of the plaza incurred during the year ending 31.3.1996 to 31.3.1999 but has furnished different value of cost per sq.ft. in various letter furnished to the Department

TEXMO INDUSTRIES,COIMBATORE vs. ACIT-4, COIMBATORE

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

capital gain arising out of sale of land and building being depreciable asset be assessed as Short Term Capital Gain