M/S ENRIA ENTERPRISES PVT. LTD,CHENNAI vs. DCIT. CENTRAL CIRCLE - 3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha. G & Shri Manomohan Das

6) to section 270A while levying penalty by invoking sub section (9) of section 270(A). 9. The learned CIT(A) ought to have seen that appellant has admitted a consolidated sum of Rs.113.99 Crores over the Financial Years and accordingly allocated the admitted sum over a period of 5 years on adhoc basis and the same has been assessing

M/S ENRICE ENTERPRISES PVT. LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha. G & Shri Manomohan Das

6) to section 270A while levying penalty by invoking sub section (9) of section 270(A). 9. The learned CIT(A) ought to have seen that appellant has admitted a consolidated sum of Rs.113.99 Crores over the Financial Years and accordingly allocated the admitted sum over a period of 5 years on adhoc basis and the same has been assessing

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

disallowance of\nproportionate marketing expenses. The additional income has\nbeen quantified by the Revenue on the basis of estimated\ndisallowance of marketing expenses and such estimation is ad\nhoc without there being any specific findings with regard to year\nfor which the assessee has inflated expenditure. In absence of any\nfindings as to quantification of inflated expenditure qua each

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

disallowance of\nproportionate marketing expenses. The additional income has\nbeen quantified by the Revenue on the basis of estimated\ndisallowance of marketing expenses and such estimation is ad\nhoc without there being any specific findings with regard to year\nfor which the assessee has inflated expenditure. In absence of any\nfindings as to quantification of inflated expenditure qua each

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI,

disallowance of\nproportionate marketing expenses. The additional income has\nbeen quantified by the Revenue on the basis of estimated\ndisallowance of marketing expenses and such estimation is ad\nhoc without there being any specific findings with regard to year\nfor which the assessee has inflated expenditure. In absence of any\nfindings as to quantification of inflated expenditure qua each

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

disallowance of\nproportionate marketing expenses. The additional income has\nbeen quantified by the Revenue on the basis of estimated\ndisallowance of marketing expenses and such estimation is ad\nhoc without there being any specific findings with regard to year\nfor which the assessee has inflated expenditure. In absence of any\nfindings as to quantification of inflated expenditure qua each

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, CHENNAI

In the result, all the six appeals of the Revenue are\ndismissed

disallowance of\nproportionate marketing expenses. The additional income has\nbeen quantified by the Revenue on the basis of estimated\ndisallowance of marketing expenses and such estimation is ad\nhoc without there being any specific findings with regard to year\nfor which the assessee has inflated expenditure. In absence of any\nfindings as to quantification of inflated expenditure qua each

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

disallowance of\nproportionate marketing expenses. The additional income has\nbeen quantified by the Revenue on the basis of estimated\ndisallowance of marketing expenses and such estimation is ad\nhoc without there being any specific findings with regard to year\nfor which the assessee has inflated expenditure. In absence of any\nfindings as to quantification of inflated expenditure qua each

ARUSUVAI FOOD PROCESSORS PVT. LTD.,SALEM vs. DCIT, CIRCLE-1(1), SALEM

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

6 March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner.” 7. This Court is of the opinion that the only addition in the assessment order framed by Respondent No.1 is in respect of disallowance under section

N. VIJAY KUMAR, ACIT, CHENNAI vs. RAJAH MUTHIAH CHETTIAR CHARITABLE AND EDUCATIONAL TRUST, CHENNAI

In the result, appeals filed by the Revenue & CO of assessee are

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

6 March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner.” 7. This Court is of the opinion that the only addition in the assessment order framed by Respondent No.1 is in respect of disallowance under section

KAWARILAL,CHENNAI vs. ACIT CENTRAL CIRCLE 1(2), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwal

6 March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner.” 7. This Court is of the opinion that the only addition in the assessment order framed by Respondent No.1 is in respect of disallowance under section

KAWARILAL,CHENNAI vs. ACIT, CENTRAL CRICLE-1(2) CHENNAI, CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Manoj Kumar Aggarwal

6 March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner.” 7. This Court is of the opinion that the only addition in the assessment order framed by Respondent No.1 is in respect of disallowance under section

JAYASAKTHI KNIT WEAR,TIRUPPUR vs. ITO, WARD-1(4), TIRUPPUR

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

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1758/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 V. Jayasakthi Knit Wear, The Ito, 3/95, Thanneerpandal Colony, Ward-1(4), Cheyur Road, Tirupur. Karukkampalayam B.O. Avinashi, Tirupur-641 654. [Pan: Aaffj 4343 J] (अपीलाथ"/Appellant) (""यथ"/Respondent)

6 March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner.” 7. This Court is of the opinion that the only addition in the assessment order framed by Respondent No.1 is in respect of disallowance under section

MELAKANDY PUTHALATH FAROOK,CHENNAI vs. ACIT, CORPORATE CIRCLE-2(1), CHENNAI

The appeal stands partly allowed in terms of our above order

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1890/Chny/2024 (िनधा*रणवष* / Assessment Year: 2017-18) Shri Melekandy Puthalath Farook Acit बनाम/ Faraz No.9 Sbi Colony, Corporate Circle-2(1) Vs. Sastri Nagar, Adyar, Chennai-600 020. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaapf-2644-P (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri D. Anand (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Ms. R. Anita (Addl.Cit) -Ld. Sr. Dr

6 March, 2022 passed by Respondent No.1 under Section 270AA (4) of the Act is set aside and Respondent No.1 is directed to grant immunity under Section 270AA of the Act to the Petitioner.” 7. This Court is of the opinion that the only addition in the assessment order framed by Respondent No.1 is in respect of disallowance under section

M/S. AVM PRODUCTIONS,CHENNAI vs. ACIT, NON CORPORATE CIRCLE-20(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Ms. Padmavathy. S

section 270A was issued to the assessee on 25.10.2019 asking the assessee to show cause as to why an order imposing penalty u/s. 270A should not be passed for mis- reporting of income Another show cause notice u/s. 274 r.w.s 270A was issued to the assessee on 13.02.2024 giving one more opportunity to present his case. In response

KAG INDIA PRIVATE LIMITED,CHENNAI vs. PCIT CENTRAL CIRCLE -2, CHENNAI

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.: 1366/Chny/2024 िनधा"रणवष" / Assessment Year: 2020-21 The Pcit (Central), M/S. Kag India Pvt Ltd., V. Chennai -2. No. 264/15-1, Sathiyanathan Complex, Velachery Road, East Tambaram, Chennai – 600 059. [Pan: Aadck-5381-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. Y. Sridhar, Fca ""यथ"क"ओरसे/Respondent By : Shri. Nilay Baran Som, Cit सुनवाई क" तार"ख/Date Of Hearing : 21.11.2024 घोषणा क" तार"ख/Date Of Pronouncement : 11.12.2024 आदेश /O R D E R

6) or sub- section (7), where under-reported income is in consequence of any misreporting thereof by any person, the penalty referred to in sub- section (1) shall be equal to two hundred per cent of the amount of tax payable on under-reported income. (9)The cases of misreporting of income referred to in sub-section (8) shall

CHENNIAPPAN RAMADURAI,ERODE vs. DCIT, CENTRAL CIRCLE-2, COIMBATORE

In the result the appeal is dismissed

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.1337/Chny/2023 & Ita Nos.1340/Chny/2023 निर्धारण वर्ा /Assessment Years: 2018-19 & Ay-2019-20 Shri Chenniappan Ramadurai, Dy. Commissioner Of Income Tax, No.56, Nms Compound, Erode, Central Circle-2, Coimbatore. Tamil Nadu-638001. [Pan: Aelpr2706M] & Ita Nos.1343/Chny/2023 For Ay 2019-20 Smt. Ramadurai Amutha, No.56, Nms Compound, Erode, Dy. Commissioner Of Income Tax, Tamil Nadu-638001. Central Circle-2, Coimbatore. [Pan: Afvpa4816L] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.S.Sridhar, Advocate प्रत्यर्थी की ओर से /Respondent By : Shri Arv Srinivasan, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 30.05.2024 घोषणा की तारीख /Date Of Pronouncement : 12.06.2024

disallowance; (d) the amount of under-reported income represented by any addition made in conformity with the arm‘s length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction

DCIT, CHENNAI vs. JAGATHRAKSKAN SRINISHA, CHENNAI

6,92,80,886/- requires no\ninterference. According, to the Revenue the presumption is that, the jewellery belongs\nto the person, in whose premises it was found at the time of search. It is pertinent to\nstate that the jewellery was never found in the premises of the assessee. Rather, it was\nfound at the premises of assessee's father

TNCP LLP.,COIMBATORE vs. ITO, NCW-1(1), COIMBATORE

In the result, the quantum\nNo

disallowed by the CPC, Bengaluru while processing the return of income\nfiled for the assessment year under consideration in the intimation order passed\nin terms of Section 143(1) of the Act dated 01.10.2019.\n:-4-:\nITA. Nos:2602 & 2603/Chny/2025\n11. The said scrutiny assessment order was passed in determining the\ntaxable total income at Rs.2