DURAISAMY SENTHIL KUMAR,ERODE vs. ITO, ERODE

In the result, appeal filed by the assessee is allowed

Bench: Shri Mahavir Singh, Vice- & Shri Manjunatha.Gआयकरअपीलसं./I.T.A.No.552/Chny/2023 ("नधा"रणवष" / Assessment Year: 2018-19) Shri Duraisamy Senthil Kumar Vs The Income Tax Officer, 16, Muthurangam Street, Erode. Erode-638 001. Pan: Alwps 8708C (अपीलाथ"/Appellant) (""यथ"/Respondent)

section 270A(8) of the Act without assigning proper reasons and justification. 2 3. The NFAC, Delhi failed to appreciate the levy of penalty u/s 270A of the Act for presumed mis-reporting of income was wholly unjustified and ought to have appreciated that the inadvertent mistake of treating the Selfoccupied Property as Let out Property for the purpose

M/S INNOVTIVE MICROFINANCE FOR POVERTY ALLEVIATION,CHENNAI vs. DCIT(EXEMPTIONS),CHENNAI CIRCLE, CHENNAI

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

Bench: Shri Mahavir Singhand Shri Jagadish

property held for charitable or religious purpose shall not be included in the total income of the previous year of the person in receipt of the income to be given effect in the manner as specified therein: The term 'charitable purpose' has not been defined under the statute; but for the inclusive nature of the term as specified under

UPPU KARUNASESH,CHENNAI vs. JCIT, CHENNAI

In the result, both the appeals filed by the assessee are allowed

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita Nos.978 & 979/Chny/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

house property? The genuineness of lease transaction is not in dispute. The lease rent paid by the assessee is also not in dispute. What is disputed by the Revenue is allowability of such lease rent paid by the assessee. 15. We have carefully gone through the provisions of Section

UPPU KARUNASESH,CHENNAI vs. JCIT, CHENNAI

In the result, both the appeals filed by the assessee are allowed

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita Nos.978 & 979/Chny/2015 "नधा"रण वष" / Assessment Years : 2009-10 & 2010-11

house property? The genuineness of lease transaction is not in dispute. The lease rent paid by the assessee is also not in dispute. What is disputed by the Revenue is allowability of such lease rent paid by the assessee. 15. We have carefully gone through the provisions of Section

TAMIL NADU BRICK INDUSTRIES,CHENNAI vs. ITO, CHENNAI

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.744/Chny/2017 "नधा"रण वष"/Assessment Year:2013-14 M/S. Tamilnadu Brick Industries, The Income Tax Officer, No. 47, Mangali Nagar 1St Street, Vs. Non Corporate Circle 8(1), Arumbakkam, Chennai 600 106. Chennai. [Pan: Aafft3643P] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri Vijay Kumar Punna, Jr. Standing Counsel सुनवाई क" तार"ख/ Date Of Hearing : 13.02.2018 घोषणा क" तार"ख /Date Of Pronouncement : 11.05.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, Chennai, Dated 27.02.2017 Relevant To The Assessment Year 2013-14. The Assessee Has Raised The Following Grounds: “1. The Order Of The Commissioner Of Income Tax (Appeals) 9, Chennai Dated 27.02.2017 In I.T.A.No.07/Cit(A)-9/2016-17 For The Above Mentioned Assessment Year Is Contrary To Law, Facts & In The Circumstances Of The Case.

section 53A: To qualify for the protection of the doctrine of part-performance it must be shown that there is a contract to transfer for consideration immovable property and the contract is evidenced by a writing signed by the person sought to be bound by it and from which the terms necessary to constitute the transfer can be ascertained with

DYNACON EQUIPMENTS PVT. LTD.,CHENNAI vs. ACIT CORPORATE CIRCLE 1(4), CHENNAI

In the result, the appeal filed by assessee in ITA

Bench: Shri Ramit Kochar & Shri Duvvuru R.L.Reddy

house property' is defined in Section 27 of the Act which includes certain situations where a person not actually the owner shall be treated as deemed owner of a building or part thereof. In the present case, the appellant is held to be "deemed owner" of the property in question by virtue of Section 27(iiib

DYNACON EQUIPMENTS PVT LTD.,CHENNAI vs. ACIT CORPORATE CIRCLE 1(4), CHENNAI

In the result, the appeal filed by assessee in ITA

Bench: Shri Ramit Kochar & Shri Duvvuru R.L.Reddy

house property' is defined in Section 27 of the Act which includes certain situations where a person not actually the owner shall be treated as deemed owner of a building or part thereof. In the present case, the appellant is held to be "deemed owner" of the property in question by virtue of Section 27(iiib

ACIT (OSD) CORPORATE CIRCLE 4(2), CHENNAI vs. KKA BUILDTECH PRIVATE LIMITED, CHENNAI

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

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./Ita No.1159/Chny/2019 िनधा"रण वष" /Assessment Year: 2014-15

section 22 provides that rental income from property, being building or land appurtenant thereto, of which the taxpayer is the owner is charged to tax under, the head "Income from house property". It will not make any difference whether the property held by the owner as stock in trade or otherwise. Thus, in respect of property held as stock

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 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

SMT. LINGAMMAL RAMARAJU SHASTRA PRATHISHTA TRUST,RAJAPALAYAM vs. ACIT (EXEMPTIONS), COIMBATORE

In the result, the appeal stands allowed

House. This Tribunal held this activity to be a GPU\nobject and as the assessee had not complied with the proviso to sec\n2(15), the exemption was denied. In Murasoli Trust (supra) also, the trust\nwas found carrying on the business of publishing a newspaper on\ncommercial lines and thus falling foul of the proviso to sec 2(15

RAMAKRISHNAN PRABHU JYOTHI,,COIMBATORE vs. ACOT, NCC-5, , COIMBATORE

In the result the appeal is dismissed

house property measuring land\narea of 20.945 grounds with an old residential building situated at\nSundar Mahal, Gopalapuram, Chennai for a consideration of\nRs.141,25,00,000/-: The enter consideration paid to M/s Jeypore Sugar\nMills Limited was through RTGS from his bank accounts. On the basis of\nthe above agreement and settlement of Rs.114.25 crores towards\nresidential property

NEURO UPDATE CHENNAI,CHENNAI vs. ITO, EXEMPTION WARD-1, CHENNAI

In the result, the appeal of the assessee is allowed

Bench: Shri Aby T Varkey & Shri S.R.Raghunatha

15) of section 2 of IT. Act. Since, sec. 11 will not operate in the assessee's case, the taxable income of the assessee is determined in a commercial sense, as envisaged by Board's Circular No.5P dated 19.6.1968. For better clarity, the relevant part of the Circular, for the purpose of the issue-in-hand, is given below: "Where

D.A.V. EDUCATIONAL TRUST,CHENNAI vs. ITO, EXEMPTION WARD-2, CHENNAI

In the result, the appeals filed by the assessee for AY 2014-15,\n2017-18 & 2018-19 are allowed and the appeal for AY 2015-16 is partly\nallowed

15) of the Act.\n40. Heard both the parties and perused the material available on\nrecords. On perusal of the assessment order, it is noted that the\nAssessing Officer reopened the assessment by issuing a notice dated\n23.09.2019 u/s 148 of the Act and by issuing notices under sections\n143(2) and 142(1) of the Act sought details

MRS. RAJYASHREE SHYAM,,CHENNAI vs. ACIT, CORPORATE CIRCLE - 18 (1),, CHENNAI

In the result, the appeal filed by the assessee stands

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. No.2114/Chny/2019 "नधा"रण वष" /Assessment Year : 2016-2017. Rajyashree Shyam, Vs. The Assistant Commissioner No.A-1405, Of Income Tax, Radiance Mandarin, Corporate Circle 18(1) No.1, Pallavaram Chennai 600 034. Thioraipakkam Raidal Road, Chennai 600 097. [Pan Agcps 0649F] (अपीलाथ"/Appellant) (""यथ"/Respondent)

house property in her Name. (ii) The Property was sold in April 2015 and utilization of sale proceedsfor purchase of new property was made from January 2016, onwards. Total amount of Rs.1.55 crs was paid to the builder for the acquisition of the new property. (iii) An amount of Rs.22 lacs was deposited into the Capital Gain Account Scheme (CGAS

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

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

House Property\n1. Commercial property at Ponniamman Koil Street, Madipakkam Rs. 48,000 Less 30% standard Deduction Rs. 14,400 Rs.23,600\n2. Residential Property at Selaiyur Rs. 1,20,000 Less 30% standard Deduction Rs. 36,000 Rs.84,000\n3. Navin Building, Madipakkam Rs. 1,20,000 Less 30% standard Deduction Rs. 36,000 Rs.84,000\n4. Sadasivam Nagar

M/S COUNCIL FOR LEATHER EXPORTS,CHENNAI vs. DCIT, CHENNAI CIRCLECHENNAI, CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 948/Chny/2023 िनधा"रणवष" / Assessment Year: 2016-17 The Deputy Commissioner Of M/S. Council For Leather V. Income Tax (Exemption), Exports, Chennai Circle, No.1, Sivaganga Road, Chennai-34. Nungambakkam, Chennai – 600 034. [Pan: Aaacc-4697-G] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ"क"ओरसे/Respondent By : Shri. Krishnan Ramaswamy, Jcit सुनवाई क" तारीख/Date Of Hearing : 30.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 07.08.2024 आदेश /O R D E R

15) of section 2 become applicable in the case of such person in the said previous year". 8.4. Since, sec.11 will not operate in the assessee's case, the taxable income of the assessee is determined in a commercial sense, as envisaged by Board's Circular No.5P dated 19.6.1968. For better clarity, the relevant part of the Circular