DCIT, CENTRAL CIRCLE-2(1), CHENNAI vs. M/S HILL MAX EXPORT, COIMBATORE

In the result, appeal filed by the revenue is dismissed

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपीलसं./Ita No.: 742/Chny/2023 & Co No.: 39/Chny/2023 िनधा"रणवष" / Assessment Year: 2016-17 Deputy Commissioner Of Income M/S. Hill Max Export, Tax, V. No. 149/1, Central Circle 2(1), Pollachi Main Road, Room No. B3, Ground Floor, Kattampatti, Investigation Building, Jakkarpalayam-Vaipollachi, Chennai – 34. Coimbatore – 642 202. [Pan:Aahfh-2574-B] (अपीलाथ"/Appellant) (Respondent/Cross Objector) अपीलाथ"क"ओरसे/Appellant By : Shri. V. Nanda Kumar, Cit Respondent/Cross Objector By : Shri. M. V. Prasad, Fca सुनवाई क" तारीख/Date Of Hearing : 28.12.2023 घोषणा क" तारीख/Date Of Pronouncement : 24.01.2024

section 153C, it is held that the assumption of jurisdiction by the AO u/s 153C is unsustainable in law. Consequently, it is held that the assessment order passed u/s 144 r.w.s 153C is legally invalid. The Ground Nos. 2 to 7 and 10 are accordingly allowed. Without prejudice to this finding rendered on legal grounds, the sustainability of the addition

YUGENDIRAN VISHNUPRIYA,CHENNAI vs. ITO, WARD-2(2), CHENNAI

The appeals of the assessee are allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.3241 &3242/Chny/2024 (िनधा"रणवष" / Assessment Years: 2016-2017 & 2017-18) Yugendiran Vishnupriya Vs. Income Tax Officer, Door No.284/3, International Tax, Thiruveni Colony, Bellyarea, Ward 2(2) Anna Nagar, Chennai-600040 Chennai. [Pan: Apzpv 9903M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr. Y. Sridhar, F.C.A ""यथ" क" ओर से /Respondent By : Mr. R. Clement Ramesh Kumar, Cit सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 25.03.2025 आदेश / O R D E R Per Manu Kumar Giri ()

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year in the case of an assessee if he has reason to believe that income chargeable to tax has escaped assessment, subject to the provisions of Sections 148 to 153. A pre-condition to initiate proceedings under Section 147 is the issuance of notice under

YUGENDIRAN VISHNUPRIYA,CHENNAI vs. ITO, WARD-2(2), CHENNAI

The appeals of the assessee are allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.3241 &3242/Chny/2024 (िनधा"रणवष" / Assessment Years: 2016-2017 & 2017-18) Yugendiran Vishnupriya Vs. Income Tax Officer, Door No.284/3, International Tax, Thiruveni Colony, Bellyarea, Ward 2(2) Anna Nagar, Chennai-600040 Chennai. [Pan: Apzpv 9903M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr. Y. Sridhar, F.C.A ""यथ" क" ओर से /Respondent By : Mr. R. Clement Ramesh Kumar, Cit सुनवाई क" तार"ख/Date Of Hearing : 25.02.2025 घोषणा क" तार"ख /Date Of Pronouncement : 25.03.2025 आदेश / O R D E R Per Manu Kumar Giri ()

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year in the case of an assessee if he has reason to believe that income chargeable to tax has escaped assessment, subject to the provisions of Sections 148 to 153. A pre-condition to initiate proceedings under Section 147 is the issuance of notice under

HYUNDAI TRANSYS INC,REPUBLIC OF KOREA vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAX, CORPORATE CIRCLE 1(1), CHENNAI, CHENNAI

Appeal of the assessee is allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.338/Chny/2024 (िनधा"रणवष" / Assessment Year: 2015-2016) Hyundai Transys Inc, Vs. The Deputy Commissioner Of 105, Sindang Income Tax, 1 Ro Seongyeon, International Tax, Myeon, Corporate Circle 1(1) Seosan, Ccn 356851 Chennai. Korea.

depreciation allowance or any other allowance, as the case may be, for the concerned assessment year in the case of an assessee if he has reason to believe that income chargeable to tax has escaped assessment, subject to the provisions of Sections 148 to 153. A pre-condition to initiate proceedings under Section 147 is the issuance of notice under

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

Bench: This Tribunal.

153C, all other provisions of this Act shall apply to the assessment made under this section; (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year.” 2.2. It is submitted that when there is a search initiated

JOTHI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-2(2), CHENNAI

153C, all other provisions of this Act shall apply to the assessment made under this section;\n(ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year.”\n\n2.2. It is submitted that when there is a search

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

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

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

153C, all other provisions of this Act shall apply to the assessment made under this section; :-13-: ITA Nos: 2569, 2570, 2571, 2573 to 2577/Chny/2025 (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

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

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

153C, all other provisions of this Act shall apply to the assessment made under this section; :-13-: ITA Nos: 2569, 2570, 2571, 2573 to 2577/Chny/2025 (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

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

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

153C, all other provisions of this Act shall apply to the assessment made under this section; :-13-: ITA Nos: 2569, 2570, 2571, 2573 to 2577/Chny/2025 (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

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

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

153C, all other provisions of this Act shall apply to the assessment made under this section; :-13-: ITA Nos: 2569, 2570, 2571, 2573 to 2577/Chny/2025 (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

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

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

153C, all other provisions of this Act shall apply to the assessment made under this section; :-13-: ITA Nos: 2569, 2570, 2571, 2573 to 2577/Chny/2025 (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year

THANUSHKODI NARAYANAN,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(2), CHENNAI

Bench: This Tribunal. 2. Since, The Facts Are The Identical Across All The Appeals / For All The Assessment Years, Except For The Nature Of The Additions / Disallowances Varying In Few Of The Assessment Year(S) Before This Tribunal In The Present Batch Of 6 Appeals, The Appeal Arising From The A.Y. 2012-13 Is Being Taken Up As The Lead Case With The Consent Of The Both The Ld. Ar As Well As The Departmental Representatives. 3. The Brief Fact Of The Present Case Is That The Assessee, Shri Thanushkodi Narayanan, Is The Managing Director Of M/S.Annai Builders Real Estates Pvt Ltd. The Assessee Filed His Original Return Of Income For The A.Y. 2012-13 On 27.09.2012 In Declaring A Total Income Of Rs.24,87,430/-. 4. A Search & Seizure Operation Was Carried Out In Terms Of Section 132 Of The Act On 04.10.2017 In The Residential Premises Of The Assessee & Also In The Premises Of M/S.Annai Builders Real Estates Pvt. Ltd. In Which The Assessee Is The Managing Director. 5. Thereafter, A Notice U/S.153A Of The Act For The A.Y.2012-13 Was Issued On 25.09.2018 To The Assessee By The Assessing Officer (In Short “Ao”) & In Response To The Same, The Assessee Had Filed E-Return Of Income For The A.Y. 2012-13 On 17.08.2019 In Declaring Total Income Of Rs.14,53,440/-. :-3-:

153C, all other provisions of this Act shall apply to the assessment made under this section; :-12-: ITA Nos: 2569, 2570, 2571, 2573 to 2577/Chny/2025 (ii) in an assessment or reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year

RABBIT BUILDERS,KARAIKAL vs. ACIT, THANJAVUR

In the result, the assessee’s appeals are allowed for statistical

Bench: Shri Chandra Poojari & Shri V. Durga Raoआयकर अपील सं./ I.T.A. Nos.1377, 1378 & 1379/Mds/2013 ("नधा"रण वष" / Assessment Years : 2004-05, 2005-06 & 2007-2008)

153C r.w.s. 148 of the Act. The Assessing Officer has a jurisdiction for assessment or re- assessment proceedings for all the six years to compute the total income of the assessee including undisclosed income where action have been taken against the assessee u/s.132(1) of the Act. Proceeding initiated u/s. 153A/153C for all six years shall become a subject matter

RABBIT BUILDERS,KARAIKAL vs. ACIT, THANJAVUR

In the result, the assessee’s appeals are allowed for statistical

Bench: Shri Chandra Poojari & Shri V. Durga Raoआयकर अपील सं./ I.T.A. Nos.1377, 1378 & 1379/Mds/2013 ("नधा"रण वष" / Assessment Years : 2004-05, 2005-06 & 2007-2008)

153C r.w.s. 148 of the Act. The Assessing Officer has a jurisdiction for assessment or re- assessment proceedings for all the six years to compute the total income of the assessee including undisclosed income where action have been taken against the assessee u/s.132(1) of the Act. Proceeding initiated u/s. 153A/153C for all six years shall become a subject matter

RABBIT BUILDERS,KARAIKAL vs. ACIT, THANJAVUR

In the result, the assessee’s appeals are allowed for statistical

Bench: Shri Chandra Poojari & Shri V. Durga Raoआयकर अपील सं./ I.T.A. Nos.1377, 1378 & 1379/Mds/2013 ("नधा"रण वष" / Assessment Years : 2004-05, 2005-06 & 2007-2008)

153C r.w.s. 148 of the Act. The Assessing Officer has a jurisdiction for assessment or re- assessment proceedings for all the six years to compute the total income of the assessee including undisclosed income where action have been taken against the assessee u/s.132(1) of the Act. Proceeding initiated u/s. 153A/153C for all six years shall become a subject matter

SHRI RAJU P. MEHTA,,CHENNAI vs. DCIT, CENTRAL CIRCLE - II (1),, CHENNAI

In the result, appeals filed by assessee for assessment

Bench: Shri Duvvuru Rl Reddy & Shri G.Manjunathaआयकरअपीलसं./I.T.A Nos. 168 To 173/Chny/2020 ("नधा"रणवष" / Assessment Years: 1999-2000, 2001-02, 2002-03, 2003-04, 2004-05 & 2005-06) Mr. Raju P.Mehta, Vs The Deputy Commissioner Of 40, Barnaby Road, Income Tax, Kilpauk, Central Circle Ii(1), Chennai-600 010. Chennai-600 034. Pan : Aafpm 1912N (अपीलाथ"/Appellant) ""यथ"/Respondent/

153C within two weeks from 11.12.2006 (i.e. before 09.01.2007). Statements have been furnished to the assessee on 05.01.2007. The High Court has directed the assessee to file the return of income within four weeks from receipt of the above statements. The assessee has filed return of income on 30.03-2007. He must have filed the return on or before

SHRI RAJU P. MEHTA,,CHENNAI vs. DCIT, CENTRAL CIRCLE - II (1),, CHENNAI

In the result, appeals filed by assessee for assessment

Bench: Shri Duvvuru Rl Reddy & Shri G.Manjunathaआयकरअपीलसं./I.T.A Nos. 168 To 173/Chny/2020 ("नधा"रणवष" / Assessment Years: 1999-2000, 2001-02, 2002-03, 2003-04, 2004-05 & 2005-06) Mr. Raju P.Mehta, Vs The Deputy Commissioner Of 40, Barnaby Road, Income Tax, Kilpauk, Central Circle Ii(1), Chennai-600 010. Chennai-600 034. Pan : Aafpm 1912N (अपीलाथ"/Appellant) ""यथ"/Respondent/

153C within two weeks from 11.12.2006 (i.e. before 09.01.2007). Statements have been furnished to the assessee on 05.01.2007. The High Court has directed the assessee to file the return of income within four weeks from receipt of the above statements. The assessee has filed return of income on 30.03-2007. He must have filed the return on or before

SHRI RAJU P. MEHTA,,CHENNAI vs. DCIT, CENTRAL CIRCLE - II (1),, CHENNAI

In the result, appeals filed by assessee for assessment

Bench: Shri Duvvuru Rl Reddy & Shri G.Manjunathaआयकरअपीलसं./I.T.A Nos. 168 To 173/Chny/2020 ("नधा"रणवष" / Assessment Years: 1999-2000, 2001-02, 2002-03, 2003-04, 2004-05 & 2005-06) Mr. Raju P.Mehta, Vs The Deputy Commissioner Of 40, Barnaby Road, Income Tax, Kilpauk, Central Circle Ii(1), Chennai-600 010. Chennai-600 034. Pan : Aafpm 1912N (अपीलाथ"/Appellant) ""यथ"/Respondent/

153C within two weeks from 11.12.2006 (i.e. before 09.01.2007). Statements have been furnished to the assessee on 05.01.2007. The High Court has directed the assessee to file the return of income within four weeks from receipt of the above statements. The assessee has filed return of income on 30.03-2007. He must have filed the return on or before

SHRI RAJU P. MEHTA,,CHENNAI vs. DCIT, CENTRAL CIRCLE - II (1),, CHENNAI

In the result, appeals filed by assessee for assessment

Bench: Shri Duvvuru Rl Reddy & Shri G.Manjunathaआयकरअपीलसं./I.T.A Nos. 168 To 173/Chny/2020 ("नधा"रणवष" / Assessment Years: 1999-2000, 2001-02, 2002-03, 2003-04, 2004-05 & 2005-06) Mr. Raju P.Mehta, Vs The Deputy Commissioner Of 40, Barnaby Road, Income Tax, Kilpauk, Central Circle Ii(1), Chennai-600 010. Chennai-600 034. Pan : Aafpm 1912N (अपीलाथ"/Appellant) ""यथ"/Respondent/

153C within two weeks from 11.12.2006 (i.e. before 09.01.2007). Statements have been furnished to the assessee on 05.01.2007. The High Court has directed the assessee to file the return of income within four weeks from receipt of the above statements. The assessee has filed return of income on 30.03-2007. He must have filed the return on or before