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

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.

200 ITR 131, the ld. CIT(A) has observed that the activity of the assessee falls under the ambit of business by holding that the block of assets of the assessee consists of building, furniture & electrical fittings, equipment & vehicle and computer. With regard to the building, furniture & electrical fittings, which form an integral part of the building, the assessee

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.

200 ITR 131, the ld. CIT(A) has observed that the activity of the assessee falls under the ambit of business by holding that the block of assets of the assessee consists of building, furniture & electrical fittings, equipment & vehicle and computer. With regard to the building, furniture & electrical fittings, which form an integral part of the building, the assessee

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.

200 ITR 131, the ld. CIT(A) has observed that the activity of the assessee falls under the ambit of business by holding that the block of assets of the assessee consists of building, furniture & electrical fittings, equipment & vehicle and computer. With regard to the building, furniture & electrical fittings, which form an integral part of the building, the assessee

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.

200 ITR 131, the ld. CIT(A) has observed that the activity of the assessee falls under the ambit of business by holding that the block of assets of the assessee consists of building, furniture & electrical fittings, equipment & vehicle and computer. With regard to the building, furniture & electrical fittings, which form an integral part of the building, the assessee

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

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

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

section 9 and partly under some other provision. There is no basis for this apprehension. Herein we are not considering any abstract proposition of law. We are only laying down the law applicable to the facts found.” :- 14 -: 13. The Ld. counsel also relied on the decision of Hon’ble Madras High Court in the case of A.R. Complex

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

House Property u/s.24 of the I.T. Act, reworked by the Assessing Officer on the basis of assumptions and not the evidences provided. 3 2) Excess expenses claimed u/s.10 of the I.T. Act, Bank statements submitted was not considered. Oral and documentary evidences regarding also was not taken into account. 4. First, we will deal with the issue of expenses claimed

JUSTICE N.KANNADASAN,CHENNAI vs. ITO NON CORPORATE WARD 15(3), CHENNAI

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 54F, proviso (a)(ii) of the Act, which reads as under:- 54F (1) (a) (ii) purchases any residential house, other than the new asset, within a period of one year after the date of transfer of the original asset; or According to him this property is purchased i.e., any other residential house, other than the new asset, within

ACIT NON CORPORATE CIRCLE 15, CHENNAI vs. JUSTICE N.KANNADASAN, CHENNAI

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 54F, proviso (a)(ii) of the Act, which reads as under:- 54F (1) (a) (ii) purchases any residential house, other than the new asset, within a period of one year after the date of transfer of the original asset; or According to him this property is purchased i.e., any other residential house, other than the new asset, within

JUSTICE N.KANNADASAN,CHENNAI vs. ITO NON CORPORATE WARD 15(3), CHENNAI

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 54F, proviso (a)(ii) of the Act, which reads as under:- 54F (1) (a) (ii) purchases any residential house, other than the new asset, within a period of one year after the date of transfer of the original asset; or According to him this property is purchased i.e., any other residential house, other than the new asset, within

VUMMIDI BARATH,CHENNAI vs. ITO, CHENNAI

In the result, the appeal was allowed

Bench: Shri A. Mohan Alankamony

200/- under the head ‘income from other sources’ instead of ‘income from house property’ and thereby denied the benefit of deduction U/s.24 of the Act. 3. The brief facts of the case are that the assessee is an individual, filed his return of income for the assessment year 2009-10 electronically on 06.02.2010, admitting total income of Rs.4

RANJIT V SRIVATSAA,CHENNAI vs. ITO, NCW-3(2), CHENNAI

In the result the appeal of the assessee is allowed

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

section 54F. 7. The Learned CIT(A) in the event of holding that the construction was not completed within the stipulated time, ought to have allowed the claim of the appellant U/s 54 based on amount utilised by assessee out of sale consideration towards construction of new house property. 8. The Learned CIT(A) failed to see that when

DEPUTY COMMISSIONER OF INCOME-TAX, NON-CORPORATE CIRCLE 7(1), CHENNAI vs. KUMARASAMY PILLAI APARNA, CHENNAI

In the result the appeal of the revenue is dismissed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 999/Chny/2023 िनधा"रणवष" / Assessment Year: 2016-17 Kumarasamy Pillai Aparna, Deputy Commissioner Of V. No. 43, Kannadasan Salai, Income Tax, T.Nagar, Srds, Non-Corporate Circle -7(1), Chennai – 600 017. Chennai. [Pan:Afzpa-9359-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Vikneswaran, Jcit ""यथ"क"ओरसे/Respondent By : Shri. T. Vasudevan, Advocate सुनवाई क" तारीख/Date Of Hearing : 03.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 31.07.2024 आदेश /O R D E R

house property is in consonance with the provisions of applicable law and therefore, we do not find any reason to interfere with the reasoned order of the ld.CIT(A) and dismiss this ground of the revenue. 9. Addition on cash deposits of Rs.52,19,200/-: 9.1 The revenue has raised ground no. 6 & 7 against the action of the ld.CIT

MR. THIRUMANI,CHENNAI vs. ACIT, NCC-6(1), CHENNAI

In the result, the appeal of the assessee is allowed

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:3351/Chny/2024 िनधा$रण वष$ / Assessment Year: 2016-17 Thirumani, Acit, 260/1, Mint Street, Park Town, Vs. Non-Corporate Circle 6(1), Chennai – 600 003. Chennai – 600 034. [Pan: Aagpt-7541-K] (अपीलाथ&/Appellant) ('(थ&/Respondent)

house within the meaning of section 54F.  The size or modest nature of the construction cannot be a ground for denial.  The disallowance of Rs.2,45,95,000/- is unsustainable. 20.1 Accordingly, we set aside the order of the ld.CIT(A) and direct the AO to allow the deduction claimed u/s.54F of the Act. Addition of Rs.56

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

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

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

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

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

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