ACIT, CHENNAI vs. GREEN HOUSE PROMOTERS PRIVATE LTD., CHENNAI

In the result, the appeals of the Revenue in ITA Nos

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

438/--. Hence, the Assessing Officer invoked the provisions of section 40(a)(ia) of the Act and disallowed the same

ACIT, CHENNAI vs. GREEN HOUSE PROMOTERS PRIVATE LTD., CHENNAI

In the result, the appeals of the Revenue in ITA Nos

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

438/--. Hence, the Assessing Officer invoked the provisions of section 40(a)(ia) of the Act and disallowed the same

ACIT, CHENNAI vs. GREEN HOUSE PROMOTERS P. LTD., CHENNAI

In the result, the appeals of the Revenue in ITA Nos

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

438/--. Hence, the Assessing Officer invoked the provisions of section 40(a)(ia) of the Act and disallowed the same

ASSISTANT COMMISSIONER OF INCOME TAX LTU CIRCLE 1 CHENNAI, CHENNAI vs. E I D PARRY INDIA LIMITED, CHENNAI

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

Bench: Shri George George Kand Shri S.R. Raghunathait(Tp)A. Nos.:105, 106, 107/Chny/2024 & Ita No.3113/Chny/2024 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. E.I.D. Parry India Ltd., The Deputy Commissioner Of No. 234, Dare House, Nsc Vs. Income Tax, Bose Road, Parrys Corner, Large Taxpayer Unit -1, Chennai 600 001. Chennai. [Pan: Aaace-0702-C] (अपीलाथ"/Appellant) (""यथ"/Respondent)

disallowance under section 14A of the Act r.w Rule 8D(2)(ii) of interest expenditure should be deleted by relying upon the judgement of the Hon’ble Supreme Court in the case of South Indian Bank Ltd. v. CIT (2021) 438

M/S. EID PARRY INDIA LTD.,CHENNAI vs. DCIT, LTU-1,, CHENNAI

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes and the appeal filed by the Revenue is dismissed

Bench: Shri George George Kand Shri S.R. Raghunathait(Tp)A. Nos.:105, 106, 107/Chny/2024 & Ita No.3113/Chny/2024 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 M/S. E.I.D. Parry India Ltd., The Deputy Commissioner Of No. 234, Dare House, Nsc Vs. Income Tax, Bose Road, Parrys Corner, Large Taxpayer Unit -1, Chennai 600 001. Chennai. [Pan: Aaace-0702-C] (अपीलाथ"/Appellant) (""यथ"/Respondent)

disallowance under section 14A of the Act r.w Rule 8D(2)(ii) of interest expenditure should be deleted by relying upon the judgement of the Hon’ble Supreme Court in the case of South Indian Bank Ltd. v. CIT (2021) 438

IDFC FIRST BANK LIMITED,CHENNAI vs. DCIT, RANGE CORPORATE CIRCLE-2(2), CHENNAI

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

Bench: Shri Mahavir Singh & Shri S.R. Raghunatha

438 ITR 1 (SC), wherein it is held that shares and securities held by the bank are stock in trade and all income received on such shares and securities must be considered as business income and this is why section 14A of the Act would not get attracted to such income. The learned counsel for the assessee stated that

MAGICK WOODS EXPORTS P LTD.,CHENNAI vs. DCIT, CHENNAI

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

Bench: Shri A. Mohan Alankamony

disallowance under section 438 and is based on the decision of apex Court in the case of Commissioner Of Income

NLC INDIA LIMITED,CUDDALORE vs. DCIT, NON CORP. CIRCLE 8(1), CHENNAI, CHENNAI

In the result, the appeals of the assessee are allowed

Bench: HON’BLE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND HON’BLE SHRI S.R. RAGHUNATHA (Accountant Member)

disallowance under Section 14A could not have been made. The Assessee wishes to rely on PCIT v. Ashok Apparels (P.) Ltd., (2019 106 taxmann.com 63 (Bombay) for the above proposition. 6. Per contra the ld. CIT-DR Mr. R. Clement Ramesh Kumar, vehemently supported the impugned order of the ld. CIT(A). He further contended that ITA Nos.270 & 271 /Chny/2024

NLC INDIA LIMITED,CUDDALORE vs. DCIT, NON CORP. CIRCLE 8(1), CHENNAI

In the result, the appeals of the assessee are allowed

Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI S.R. RAGHUNATHA (Accountant Member)

disallowance under Section 14A could not have been made. The Assessee wishes to rely on PCIT v. Ashok Apparels (P.) Ltd., (2019 106 taxmann.com 63 (Bombay) for the above proposition. 6. Per contra the ld. CIT-DR Mr. R. Clement Ramesh Kumar, vehemently supported the impugned order of the ld. CIT(A). He further contended that ITA Nos.270 & 271 /Chny/2024

DCIT CORPORATE CIRCLE 1, COIMBATORE vs. INDO SHELL MOULD LIMITED, COIMBATORE

In the result, the Revenue’s appeal is dismissed

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकरअपीलसं/.I.T.A. No. 3091/Chny/2017 "नधा"रणवष"/Assessment Year : 2013-14

disallowance can be made u/s. 43B and accordingly deleted the addition made by the AO. 3. Aggrieved, the Revenue filed this appeal with the following grounds of appeal: “1.The order of the ld. CIT(A), Coimbatore is against the facts and circumstances of the case and is erroneous by law. 2. Whether on the facts and circumstances of the case

DCIT CENTRAL CIRCLE 1(1), CHENNAI vs. M/S ORCHID PHARMA LTD (FORMERLY KNOWS AS M/S ORCHID CHEMICALS & PHARMACEUTICALS LTD), CHENNAI

In the result, the Revenue’s appeal in ITA No

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं/.I.T.A. Nos. 650 & 651/Chny/2018 "नधा"रण वष"/Assessment Years : 2013-14 & 2014-15 Deputy Commissioner Of Income M/S. Orchid Pharma Ltd., Tax, Vs. (Formerly Known As M/S. Orchid Central Circle – 1(1), Chemicals & Pharmaceuticals Ltd.,) Chennai . 313, Orchid Towers, Valluvar Kottam High Road, Nungambakkam, Chennai – 600 034. [Pan: Aaaco 0402B] (&'यथ(/Respondent) (अपीलाथ"/Appellant)

disallowance made u/s 36(1)(va) relying on decisions of various Hon’ble High Courts, which held that all contributions to ESI/PF made within the due date u/s 139(1) of the IT Act is deductible u/s 438(b) of the IT Act, when the deduction on account of remittance of employee’s contribution to welfare funds is governed

DCIT CENTRAL CIRCLE 1(1), CHENNAI vs. M/S ORCHID PHARMA LTD (FORMERLY KNOWS AS M/S ORCHID CHEMICALS & PHARMACEUTICALS LTD), CHENNAI

In the result, the Revenue’s appeal in ITA No

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं/.I.T.A. Nos. 650 & 651/Chny/2018 "नधा"रण वष"/Assessment Years : 2013-14 & 2014-15 Deputy Commissioner Of Income M/S. Orchid Pharma Ltd., Tax, Vs. (Formerly Known As M/S. Orchid Central Circle – 1(1), Chemicals & Pharmaceuticals Ltd.,) Chennai . 313, Orchid Towers, Valluvar Kottam High Road, Nungambakkam, Chennai – 600 034. [Pan: Aaaco 0402B] (&'यथ(/Respondent) (अपीलाथ"/Appellant)

disallowance made u/s 36(1)(va) relying on decisions of various Hon’ble High Courts, which held that all contributions to ESI/PF made within the due date u/s 139(1) of the IT Act is deductible u/s 438(b) of the IT Act, when the deduction on account of remittance of employee’s contribution to welfare funds is governed

ORDAIN HEALTH CARE GLOBAL PVT LTD,CHENNAI vs. DCIT, CORPORATE CIRCLE -5(1), CHENNAI

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकर अपील सं./Ita No.: 211/Chny/2018 िनधा"रण वष" / Assessment Year: 2014-15 M/S. Ordain Health Care The Dcit, Global Pvt. Ltd., V. Corporate Circle – 5(1), Khivraj Complex Ii, Fourth Floor Chennai - 34 No.480, Anna Salai, Nandanam, Chennai – 600 035. Pan: Aabco5860A (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri R. Sandeep Bagmar, Advocate ""यथ" क" ओर से/Respondent By : Ms. R. Anitha,Jcit सुनवाई क" तार"ख/Date Of Hearing : 10.11.2020 घोषणा क" तार"ख/Date Of Pronouncement : 02.12.2020

section 271(1 )(c) of the Act without appreciating that there was no failure on the part of the Appellant in complying with notices during the course of assessment proceedings or any attempt to conceal income / furnish inaccurate particulars of income. 6. Relief 6.1 The Appellant craves leave to add, alter, amend and/Or withdraw the above ground of appeal

SUJATHA PUGAZENDHI,CHENNAI vs. ADIT CPC, BANGALORE

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

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 113/Chny/2023 िनधा"रण वष" / Assessment Year: 2018-19 Sujatha Pugazendhi, Assistant Commissioner Of No. 275D (Old 249), J.J. Road, V. Income Tax, Kasthuri Estate, Teynampet, Non-Corporate Ward 3(3), Chennai – 600 018. No. 121, Mahatma Gandhi [Pan: Bidps-3602-L] Road, Chennai 600 034.. (अपीलाथ"/Appellant) (""यथ"/Respondent)

438 - Held, yes - Whether non obstante clause under section 431 could not apply in case of amounts which were held in trust as was case of employee': contribution which were deducted from their income and was not part assessee-employer': income, thus, said clause would not absolve assessee-employer from its liability to deposit employee's contribution on or before

M/S EMPEE DISTILLERIES LTD.,CHENNAI vs. PCIT-1, CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.716/Chny/2023 िनधा"रण वष"/Assessment Year: 2018-19 V. M/S.Empee Distilleries Ltd., The Pcit, 72, Greams Road, Chennai. Thousand Lights, Chennai-600 006. [Pan: Aaace 1687 N] (अपीलाथ"/Appellant) (""यथ"/Respondent) : अपीलाथ" क" ओर से/ Appellant By Shri M.Karunakaran, Adv. : ""यथ" क" ओर से /Respondent By Shri V. Nandakumar, Cit : सुनवाईक"तारीख/Date Of Hearing 06.06.2024 : घोषणाक"तारीख /Date Of Pronouncement 21.06.2024

section 438 which (h) was not Paid on or before the due date for furnishing the return ITA No.716 /Chny/2023 (AY 2018-19) M/s.Empee Distilleries Ltd. :: 8 :: Disallowance

SELVA GOLD COVERING PVT. LTD.,COIMBATORE vs. DCIT, COIMBATORE

In the result, the Revenue's appeal is dismissed

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar"नधा(रण वष( /Assessment Year: 2013-14

Section 43B of the 1961 Act , by holding as under: “8. On the disallowance of PF & ESI: The AO disallowed Rs. 7,10,666/- employees contribution & ESI Rs. 73,244/- which was remitted to Government before the due date and filed return u/s. 139(1). The CIT(A) held as under: "22. I have carefully perused the facts in issue

NARESH PRASAD AGARWAL,CHENNAI vs. DCIT, CHENNAI

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

Section 68 of the Act, from sales accounted by the assessee. As mentioned by us at para 53 and 54 above, it is an undisputed position that credits in bullion margin money account were generally transferred to sales account. Addition of credit in bullion margin money account has been sustained by us, only to the extent not transferred/accounted

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

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

Section 68 of the Act, from sales accounted by the assessee. As mentioned by us at para 53 and 54 above, it is an undisputed position that credits in bullion margin money account were generally transferred to sales account. Addition of credit in bullion margin money account has been sustained by us, only to the extent not transferred/accounted