DCIT NON CORPORATE CIRCLE 1, CHENNAI vs. MUTHU DANIEL RAJAN, CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

Section 54F, and had denied the benefit of claim of exemption U/s 54F, amounting to a value of Rs 2,60,54,377/-. 3. The appellant had purchased a residential house at Besant Nagar in the Assessment Year of 2012-13; and to meet out the costs of purchase; had sold his lands at Kunnakkadu in this Assessment Year

DCIT NON CORPORATE CIRCLE 1, CHENNAI vs. MUTHU DANIEL RAJAN, CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

Section 54F, and had denied the benefit of claim of exemption U/s 54F, amounting to a value of Rs 2,60,54,377/-. 3. The appellant had purchased a residential house at Besant Nagar in the Assessment Year of 2012-13; and to meet out the costs of purchase; had sold his lands at Kunnakkadu in this Assessment Year

MUTHU DANIEL RAJAN,CHENNAI vs. CIT CORPORATE CIRCLE 1, CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1675/Chny/2019 िनधा"रण वष" /Assessment Year: 2013-14 Mr.Muthu Daniel Rajan, V. The Asst. Commissioner- No.10, Appar Street, Of Income Tax, Kalakshetra Colony, Non-Corporate Circle-1(1), Besant Nagar, Chennai. Chennai-600 090. [Pan: Aadpd 9713 A] (अपीलाथ"/Appellant) (""यथ"/Respondent)

Section 54F, and had denied the benefit of claim of exemption U/s 54F, amounting to a value of Rs 2,60,54,377/-. 3. The appellant had purchased a residential house at Besant Nagar in the Assessment Year of 2012-13; and to meet out the costs of purchase; had sold his lands at Kunnakkadu in this Assessment Year

DCIT, CORPORATE CIRCLE - 1 (1),, CHENNAI vs. M/S. AMPA HOUSING DEVELOPMENT PVT. LTD.,, CHENNAI

In the result, all the appeals filed by the Revenue are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.2202, 2203, 2204 & 2205/Chny/2019 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Ampa Housing Development (P) Income Tax, Corporate Circle 1(1), Limited, No. 19, Raman Street, Chennai 600 034. T. Nagar, Chennai 600 017. [Pan:Aacca7430R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. I.P. Roopa Jcit ""थ" की ओर से/Respondent By : Shri B. Ramakrishnan, Ca सुनवाई की तारीख/ Date Of Hearing : 06.01.2022 घोषणा की तारीख /Date Of Pronouncement : 23.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Revenue Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai Dated 15.03.2019 Relevant To The Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15. The Only Common Effective Ground Raised By The Revenue For All The Assessment Years Relates To Apportioning The Intermingled Common Expenditure With Relation To Business Income & Let Out Property Income In The Ratio Of 50:50 Without Valid Basis.

10,81,52,783/- and income from business a loss of ₹.9,43,28,803/-. While computing the 3 I.T.A. Nos. 2202-2205/Chny/19 income the assessee company has apportioned expenditure in the ratio of 50:50 based on the area. However, on verifying the turnover from house property and business income, the Assessing Officer determined the ratio

DCIT, CORPORATE CIRCLE - 1 (1),, CHENNAI vs. M/S. AMPA HOUSING DEVELOPMENT PVT. LTD.,, CHENNAI

In the result, all the appeals filed by the Revenue are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.2202, 2203, 2204 & 2205/Chny/2019 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Ampa Housing Development (P) Income Tax, Corporate Circle 1(1), Limited, No. 19, Raman Street, Chennai 600 034. T. Nagar, Chennai 600 017. [Pan:Aacca7430R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. I.P. Roopa Jcit ""थ" की ओर से/Respondent By : Shri B. Ramakrishnan, Ca सुनवाई की तारीख/ Date Of Hearing : 06.01.2022 घोषणा की तारीख /Date Of Pronouncement : 23.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Revenue Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai Dated 15.03.2019 Relevant To The Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15. The Only Common Effective Ground Raised By The Revenue For All The Assessment Years Relates To Apportioning The Intermingled Common Expenditure With Relation To Business Income & Let Out Property Income In The Ratio Of 50:50 Without Valid Basis.

10,81,52,783/- and income from business a loss of ₹.9,43,28,803/-. While computing the 3 I.T.A. Nos. 2202-2205/Chny/19 income the assessee company has apportioned expenditure in the ratio of 50:50 based on the area. However, on verifying the turnover from house property and business income, the Assessing Officer determined the ratio

DCIT, CORPORATE CIRCLE - 1 (1),, CHENNAI vs. M/S. AMPA HOUSING DEVELOPMENT PVT. LTD.,, CHENNAI

In the result, all the appeals filed by the Revenue are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.2202, 2203, 2204 & 2205/Chny/2019 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Ampa Housing Development (P) Income Tax, Corporate Circle 1(1), Limited, No. 19, Raman Street, Chennai 600 034. T. Nagar, Chennai 600 017. [Pan:Aacca7430R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. I.P. Roopa Jcit ""थ" की ओर से/Respondent By : Shri B. Ramakrishnan, Ca सुनवाई की तारीख/ Date Of Hearing : 06.01.2022 घोषणा की तारीख /Date Of Pronouncement : 23.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Revenue Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai Dated 15.03.2019 Relevant To The Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15. The Only Common Effective Ground Raised By The Revenue For All The Assessment Years Relates To Apportioning The Intermingled Common Expenditure With Relation To Business Income & Let Out Property Income In The Ratio Of 50:50 Without Valid Basis.

10,81,52,783/- and income from business a loss of ₹.9,43,28,803/-. While computing the 3 I.T.A. Nos. 2202-2205/Chny/19 income the assessee company has apportioned expenditure in the ratio of 50:50 based on the area. However, on verifying the turnover from house property and business income, the Assessing Officer determined the ratio

DCIT, CORPORATE CIRCLE - 1 (1),, CHENNAI vs. M/S. AMPA HOUSING DEVELOPMENT PVT. LTD.,, CHENNAI

In the result, all the appeals filed by the Revenue are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos.2202, 2203, 2204 & 2205/Chny/2019 िनधा"रण वष"/Assessment Years: 2011-12, 2012-13, 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Ampa Housing Development (P) Income Tax, Corporate Circle 1(1), Limited, No. 19, Raman Street, Chennai 600 034. T. Nagar, Chennai 600 017. [Pan:Aacca7430R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Dr. I.P. Roopa Jcit ""थ" की ओर से/Respondent By : Shri B. Ramakrishnan, Ca सुनवाई की तारीख/ Date Of Hearing : 06.01.2022 घोषणा की तारीख /Date Of Pronouncement : 23.02.2022 आदेश /O R D E R Per V. Durga Rao: These Four Appeals Filed By The Revenue Are Directed Against The Common Order Of The Ld. Commissioner Of Income Tax (Appeals) 1, Chennai Dated 15.03.2019 Relevant To The Assessment Years 2011-12, 2012-13, 2013-14 & 2014-15. The Only Common Effective Ground Raised By The Revenue For All The Assessment Years Relates To Apportioning The Intermingled Common Expenditure With Relation To Business Income & Let Out Property Income In The Ratio Of 50:50 Without Valid Basis.

10,81,52,783/- and income from business a loss of ₹.9,43,28,803/-. While computing the 3 I.T.A. Nos. 2202-2205/Chny/19 income the assessee company has apportioned expenditure in the ratio of 50:50 based on the area. However, on verifying the turnover from house property and business income, the Assessing Officer determined the ratio

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

Bench: This Tribunal.

Section 142(2A) of IT Act, 1961. You are requested to file your response on or before 16.12.2019 failing which it will be construed that you have no objection for the same.” 9. The assessee vide response dated 16.12.2019 had expressed no objection to the proposal to refer the pending assessment for special audit u/s.142(2A) of the Act. 10

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-:

House Property by following the procedure laid down under the Act at para 6.4.6., had confirmed the addition of Rs.1,38,70,048/- made as deemed dividend u/s.2(22)(e) of the Act at para 6.5.3 and confirmed the addition of Rs.92,95,305/- made u/s.56(2)(viii)(c) of the Act at para 6.6.5 of the impugned order

ACIT, NCC - 11 (1),, CHENNAI vs. SHRI ANIL KUMAR SHANTICHAND MEHTA,, CHENNAI

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

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.302/Chny/2020 िनधा"रण वष"/Assessment Year: 2016-17 The Assistant Commissioner Of Vs. Shri Anil Kumar Shantichand Mehta, Income Tax, No. 196, Govindappa Naicken Street, Non Corporate Circle 11(1), George Town, Chennai 600 001. Chennai 600 006. [Pan:Aavps4928E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri D. Anand, Advdocate सुनवाई की तारीख/ Date Of Hearing : 02.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.09.2022 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) 13, Chennai, Dated 21.11.2019 Relevant To The Assessment Year 2016-17. The Revenue Has Raised The Following Grounds: 1. The Order Of The Learned Cit (A) Is Contrary To Facts & Circumstances Of The Case. 2. The Cit(A) Erroneously Held That The Assessee Had Not Claimed Exemption U/S.10(37) [P.8.2] Though The Assessee, Vide His Letter Dated 26-12-2018 Stated "The Compensation Of Rs.7,62,40,126/- Received Was Claimed Exempt U/S.10(37), However, It Was Erroneously Omitted To Be Mentioned In The Return Of Income Filed."

section 10(37) of the Act. The Assessing Officer further observed that since the land was not an agricultural land or was not used by the assessee for agricultural purposes two years preceding the date of acquisition, the assessee is not eligible to claim exemption. It was further noted that since the Government commenced construction of 400 feet road

SHRI PREMKUMAR MENON,,CHENNAI vs. ACIT, NCC-17(1),, CHENNAI

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita No.3070/Chny/2019 िनधा"रण वष" /Assessment Year: 2016-17 Shri Premkumar Menon, The Asst. Commissioner Of “Menon Eternity Building” Vs. Income Tax, (10Th Floor), No.165, Non Corporate Circle-17(1), St. Mary’S Road, Alwarpet, Chennai. Chennai – 600 018. [Pan: Aiapp-7309-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri R. Vijayaraghavan, Advocate ""यथ" क" ओर से /Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 05.09.2022 घोषणा क" तारीख /Date Of Pronouncement : 21.09.2022

37,98,900 The assessee as well as A.O has not disputed the above facts. 4. The A.O relying on the judgment of Hon’ble Punjab & Haryana High Court in the case of Sunil Kumar Gupta Vs. ACIT 389 ITR 38 (P&H) considered the maintenance charges as received by the assessee from the premise of rent agreement as “income

ASTORIA LEATHERS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

37(1) of the Act. Thus, we 11 I.T.A. Nos.2548-2553 & 2673-2674/M/14 find no infirmity in the order passed by the ld. CIT(A) on this issue. Accordingly, the ground raised by the assessee is dismissed. 9. The next grounds raised in the appeal of the assessee for the assessment year 2009-10 is with regard to confirmation

ASTORIA LEATHERS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

37(1) of the Act. Thus, we 11 I.T.A. Nos.2548-2553 & 2673-2674/M/14 find no infirmity in the order passed by the ld. CIT(A) on this issue. Accordingly, the ground raised by the assessee is dismissed. 9. The next grounds raised in the appeal of the assessee for the assessment year 2009-10 is with regard to confirmation

ASTORIA LEATHERS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

37(1) of the Act. Thus, we 11 I.T.A. Nos.2548-2553 & 2673-2674/M/14 find no infirmity in the order passed by the ld. CIT(A) on this issue. Accordingly, the ground raised by the assessee is dismissed. 9. The next grounds raised in the appeal of the assessee for the assessment year 2009-10 is with regard to confirmation

ASTORIA LEATHERS,CHENNAI vs. ITO, CHENNAI

In the result, the appeals filed by the assessee in I

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

37(1) of the Act. Thus, we 11 I.T.A. Nos.2548-2553 & 2673-2674/M/14 find no infirmity in the order passed by the ld. CIT(A) on this issue. Accordingly, the ground raised by the assessee is dismissed. 9. The next grounds raised in the appeal of the assessee for the assessment year 2009-10 is with regard to confirmation

SENTHIL KUMAR (HUF),TUTICORIN CHENNAI vs. ITO, WARD 4, , TUTICORIN CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 653/Chny/2023 िनधा"रण वष" / Assessment Year: 2015-16 Senthil Kumar (Huf) Ito, 34B/4, Briyant Nagar, V. Ward-4, 4Th Street Middle, Tuticorin. Bryant Nagar, Tuticorin – 628 008 . [Pan: Abahs-1591-K] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. N. Arjun Raj, Ca ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 03.08.2023 घोषणा क" तारीख/Date Of Pronouncement : 11.08.2023

37,500/-. According to the Assessing Officer, for the purpose of deduction u/s. 54F of the Act, the assessee needs to invest full value of consideration accrued as a result of transfer of property. 10. We find that the Assessing Officer completely misconstrued the provisions of section 50C and section 54F of the Act, even though both provisions are operates

GANESAN KALEESWARAN,,CHENNAI vs. ITO, NCW - 23 (4),, CHENNAI

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

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 10 of the Act and thereby he disallowed the claim of assessee. The CIT(A) finally held that the AO has rightly recomputed the salary by making addition of Rs.5,86,872/- as under reported by claiming expenses of personal nature. Accordingly he confirmed the addition. 7. After hearing ld. Senior DR and going through the facts

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1674, 1675, 1759 & 1676/Chny/2011 "नधा"रण वष" / Assessment Years : 2003-04, 2004-05, 2006-07 & 2007-08 आयकर अपील सं./Ita No.40/Chny/2009 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No.1366/Chny/2013 "नधा"रण वष" / Assessment Year : 2008-09 & आयकर अपील सं./Ita No.2372/Chny/2014 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of M/S Cholamandalam Ms General Income Tax, V. Insurance Co. Ltd., Dare House, No.2, The Assistant Commissioner Of Nsc Bose Road, Income Tax. Chennai - 600 001. Large Taxpayer Unit, Chennai - 600 101. Pan : Aabcc 6633 K (अपीलाथ"/Appellant) (""यथ"/Respondent)

House, v. The DCIT, LTU, Chennai. No.2, NSC Bose Road, Chennai - 600 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) 2 I.T.A. Nos.1674 to 1676 & 1759/Chny/11 I.T.A. No.40/Chny/09 I.T.A. Nos.1366 & 1350/Chny/13 I.T.A. Nos.2372 & 2276/Chny/14 I.T.A. Nos.1618 to 1621/Chny/11 I.T.A. No.2146/Chny/08 राज"व क" ओर से /Revenue by : Shri M. Swaminathan, Sr.Standing Counsel Ms. V. Pushpa, Jr. Standing Counsel "नधा"रती क" ओर से

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1674, 1675, 1759 & 1676/Chny/2011 "नधा"रण वष" / Assessment Years : 2003-04, 2004-05, 2006-07 & 2007-08 आयकर अपील सं./Ita No.40/Chny/2009 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No.1366/Chny/2013 "नधा"रण वष" / Assessment Year : 2008-09 & आयकर अपील सं./Ita No.2372/Chny/2014 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of M/S Cholamandalam Ms General Income Tax, V. Insurance Co. Ltd., Dare House, No.2, The Assistant Commissioner Of Nsc Bose Road, Income Tax. Chennai - 600 001. Large Taxpayer Unit, Chennai - 600 101. Pan : Aabcc 6633 K (अपीलाथ"/Appellant) (""यथ"/Respondent)

House, v. The DCIT, LTU, Chennai. No.2, NSC Bose Road, Chennai - 600 001. (अपीलाथ"/Appellant) (""यथ"/Respondent) 2 I.T.A. Nos.1674 to 1676 & 1759/Chny/11 I.T.A. No.40/Chny/09 I.T.A. Nos.1366 & 1350/Chny/13 I.T.A. Nos.2372 & 2276/Chny/14 I.T.A. Nos.1618 to 1621/Chny/11 I.T.A. No.2146/Chny/08 राज"व क" ओर से /Revenue by : Shri M. Swaminathan, Sr.Standing Counsel Ms. V. Pushpa, Jr. Standing Counsel "नधा"रती क" ओर से