DCIT CORPORATE CIRCLE 5(1), CHENNAI vs. REPCO HOME FINANCE P LTD., CHENNAI

In the result, the appeal of Revenue in ITA no

Bench: Shri George Mathan & Shri Ramit Kochar

properties , fresh sanction plans issued by local municipal authorities etc. to substantiate that the loans were granted/utilised for the purposes of construction of additional floors etc to the borrowers. The matter is remitted back to AO and the assessee is directed to produce all details before the AO. The AO shall in remand proceedings after considering the submissions

ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI, CHENNAI vs. A S CARGO MOVERS PRIVATE LIMITED, CHENNAI

In the result, the appeal of the Revenue and assessee are decided as under:-

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1688 /Chny/2024, Assessment Years: 2015-16 आयकर अपील सं./Ita No.1796 /Chny/2024, Assessment Years: 2017-18 Assistant Commissioner Of Income A.S.Cargo Movers Private Limited, Tax, New No.173, Old No.103, 9Th Floor B Corporate Circle-1(1), Block, Navins Presidium, Chennai. Nelson Manickam Road, Aminjikarai, Chennai-600 029. [Pan: Aaaca7739D] आयकर अपील सं./Co No.56 /Chny/2024 (Ita No.1688/Chny/2024) निर्ाारण वर्ा /Assessment Year: 2015-16 A.S.Cargo Movers Private Limited, Assistant Commissioner Of Income New No.173, Old No.103, 9Th Floor B Tax, Block, Navins Presidium, Corporate Circle-1(1), Nelson Manickam Road, Chennai. Aminjikarai, Chennai-600 029. [Pan: Aaaca7739D] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri N.Quadir Hoseyn, Advocate & Dr.L.Natarajan, Ca. प्रत्यर्थी की ओर से /Revenue By : Shri K.N.Dhandapani, Cit सुिवाई की तारीख/Date Of Hearing : 04.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 24.01.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

5 - of 17 ITA No.1688, 1796 & CO-56/Chny/2024 :- 6 -: explained that the Ld. AO rejected the arguments that because it is the business of the assessee to rent or lease ware houses therefore income thereof needs to be of taxed as business income. Consequently the Ld. AO disallowed deductions available u/s 23 / 24 of the act and proceeded

ASSISTANT COMMISSIONER OF INCOME TAX, CHENNAI vs. A S CARGO MOVERS PRIVATE LIMITED, CHENNAI

In the result, the appeal of the Revenue and assessee are decided as under:-

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1688 /Chny/2024, Assessment Years: 2015-16 आयकर अपील सं./Ita No.1796 /Chny/2024, Assessment Years: 2017-18 Assistant Commissioner Of Income A.S.Cargo Movers Private Limited, Tax, New No.173, Old No.103, 9Th Floor B Corporate Circle-1(1), Block, Navins Presidium, Chennai. Nelson Manickam Road, Aminjikarai, Chennai-600 029. [Pan: Aaaca7739D] आयकर अपील सं./Co No.56 /Chny/2024 (Ita No.1688/Chny/2024) निर्ाारण वर्ा /Assessment Year: 2015-16 A.S.Cargo Movers Private Limited, Assistant Commissioner Of Income New No.173, Old No.103, 9Th Floor B Tax, Block, Navins Presidium, Corporate Circle-1(1), Nelson Manickam Road, Chennai. Aminjikarai, Chennai-600 029. [Pan: Aaaca7739D] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Shri N.Quadir Hoseyn, Advocate & Dr.L.Natarajan, Ca. प्रत्यर्थी की ओर से /Revenue By : Shri K.N.Dhandapani, Cit सुिवाई की तारीख/Date Of Hearing : 04.12.2024 घोर्णा की तारीख /Date Of Pronouncement : 24.01.2025 आदेश / O R D E R Per Amitabh Shukla, A.M :

5 - of 17 ITA No.1688, 1796 & CO-56/Chny/2024 :- 6 -: explained that the Ld. AO rejected the arguments that because it is the business of the assessee to rent or lease ware houses therefore income thereof needs to be of taxed as business income. Consequently the Ld. AO disallowed deductions available u/s 23 / 24 of the act and proceeded

J SUNDAR,CHENNAI vs. ACIT, CENTRAL CIR-3(2), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

253(5) of the 1961 Act and thus, keeping in view interest of substantial justice, we condone this delay of 23 days and admit appeal filed by assesseea . 4. Briefly stated facts of the case are that assessee derives income from business of money lending, supply of labour, house property and other sources. The assessee was searched by Revenue u/s.132

J SUNDAR,CHENNAI vs. ACIT, CENTRAL CIR-3(2), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

253(5) of the 1961 Act and thus, keeping in view interest of substantial justice, we condone this delay of 23 days and admit appeal filed by assesseea . 4. Briefly stated facts of the case are that assessee derives income from business of money lending, supply of labour, house property and other sources. The assessee was searched by Revenue u/s.132

J SUNDAR,CHENNAI vs. ACIT, CENTRAL CIR-3(2), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

253(5) of the 1961 Act and thus, keeping in view interest of substantial justice, we condone this delay of 23 days and admit appeal filed by assesseea . 4. Briefly stated facts of the case are that assessee derives income from business of money lending, supply of labour, house property and other sources. The assessee was searched by Revenue u/s.132

J SUNDAR,CHENNAI vs. ACIT, CENTRAL CIR-3(2), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

253(5) of the 1961 Act and thus, keeping in view interest of substantial justice, we condone this delay of 23 days and admit appeal filed by assesseea . 4. Briefly stated facts of the case are that assessee derives income from business of money lending, supply of labour, house property and other sources. The assessee was searched by Revenue u/s.132

J SUNDAR,CHENNAI vs. ACIT, CENTRAL CIR-3(2), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

253(5) of the 1961 Act and thus, keeping in view interest of substantial justice, we condone this delay of 23 days and admit appeal filed by assesseea . 4. Briefly stated facts of the case are that assessee derives income from business of money lending, supply of labour, house property and other sources. The assessee was searched by Revenue u/s.132

J SUNDAR,CHENNAI vs. ACIT, CENTRAL CIR-3(2), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

253(5) of the 1961 Act and thus, keeping in view interest of substantial justice, we condone this delay of 23 days and admit appeal filed by assesseea . 4. Briefly stated facts of the case are that assessee derives income from business of money lending, supply of labour, house property and other sources. The assessee was searched by Revenue u/s.132

J SUNDAR,CHENNAI vs. ACIT, CENTRAL CIR-3(2), CHENNAI

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

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar

253(5) of the 1961 Act and thus, keeping in view interest of substantial justice, we condone this delay of 23 days and admit appeal filed by assesseea . 4. Briefly stated facts of the case are that assessee derives income from business of money lending, supply of labour, house property and other sources. The assessee was searched by Revenue u/s.132

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

house property interest on securities, capital gains, or other sources, the word "income" should be understood in its commercial sense. i.e.. book income, after adding back any appropriations or applications thereof towards the purposes of the trust or otherwise, and also after adding back any debits made for capital expenditure incurred for the purposes of the trust or otherwise

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)

Housing Private Limited -ITA No.1097(Mad.)/2011 dated 21.03.2103, purchase cost of the lands in a real estate business can be treated as exempted under the Rule 6DD and hence cannot be subjected to the provisions of section 40A(3) of the Act. In view of the decision of the Tribunal in the above case, ld. Commissioner of Income

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)

Housing Private Limited -ITA No.1097(Mad.)/2011 dated 21.03.2103, purchase cost of the lands in a real estate business can be treated as exempted under the Rule 6DD and hence cannot be subjected to the provisions of section 40A(3) of the Act. In view of the decision of the Tribunal in the above case, ld. Commissioner of Income

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)

Housing Private Limited -ITA No.1097(Mad.)/2011 dated 21.03.2103, purchase cost of the lands in a real estate business can be treated as exempted under the Rule 6DD and hence cannot be subjected to the provisions of section 40A(3) of the Act. In view of the decision of the Tribunal in the above case, ld. Commissioner of Income

SOUTHERN AGRIFURANE INDUSTRIES PVT.. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2), CHENNAI

In the result, both the appeals filed by the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपीलसं./Ita No. 1163, 1256, 1257 & 1259/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 The Dcit, Central Circle-2(2), Chennai. V. M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. (अपीलार्थी/Appellant) [Pan: Aagcs 9705 F] (प्रत्यर्थी/Respondent) आयकर अपीलसं./Ita No.1231, 1232, 1234 & 1236/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. [Pan: Aagcs 9705 F] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-2(2), Chennai. (प्रत्यर्थी/Respondent) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख / Date Of Pronouncement : Mrs. C. Yamuna, Cit & Mr. Bipin, Cit : Mr. N. Arjun Raj, Advocate : 08.10.2025 : 21.11.2025

Housing Pvt Ltd v. DCIT (supra) wherein it was held that, an action of reassessment which comes to be initiated in relation to a search undertaken on or after 01 April 2021 would have to meet the foundational tests as specified in the first proviso to Section 149(1) of the Act. The Court held that, a reassessment action would

DCIT CC 2 2 , CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

In the result, both the appeals filed by the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपीलसं./Ita No. 1163, 1256, 1257 & 1259/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 The Dcit, Central Circle-2(2), Chennai. V. M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. (अपीलार्थी/Appellant) [Pan: Aagcs 9705 F] (प्रत्यर्थी/Respondent) आयकर अपीलसं./Ita No.1231, 1232, 1234 & 1236/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. [Pan: Aagcs 9705 F] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-2(2), Chennai. (प्रत्यर्थी/Respondent) Department By : Mrs. C. Yamuna, Cit & Mr. Bipin, Cit Assessee By : Mr. N. Arjun Raj, Advocate सुनवाईकीतारीख/Date Of Hearing : 08.10.2025 घोषणाकीतारीख / Date Of Pronouncement : 21.11.2025

Housing Pvt Ltd v. DCIT (supra) wherein it was held that, an action of reassessment which comes to be initiated in relation to a search undertaken on or after 01 April 2021 would have to meet the foundational tests as specified in the first proviso to Section 149(1) of the Act. The Court held that, a reassessment action would

THE INDIA CEMENTS LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 2(1) CHENNAI, CHENNAI

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

5 raised by the assessee is against the Ld. CIT(A)'s action of upholding the AO's order treating the subsidy received from the Government of Maharashtra for investing in backward area to by way of income instead of capital receipt not liable to tax. The facts as noted are that, the assessee company was granted subsidy by Government

A.G.T. ELECTRONICS LTD.,COIMBATORE vs. ADIT, CPC, , BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble S.R. Raghunathaआयकर अपील सं./ Ita No.2767/Chny/2024 िनधा8रण वष8 /Assessment Year: 2018-19

253 - Appeals against orders passed by Commissioners (Appeals) to lie to the Appellate Tribunal, and departmental appeals to the Tribunal against such orders to be authorised by the Commissioner of Income-tax. Section 264 - Commissioners of Income-tax not to revise any order under that section in cases where an appeal lies against the order to the Commissioner (Appeals

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 (2), CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपीलसं./Ita No. 1163, 1256, 1257 & 1259/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 The Dcit, Central Circle-2(2), Chennai. V. M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. (अपीलार्थी/Appellant) [Pan: Aagcs 9705 F] (प्रत्यर्थी/Respondent) आयकर अपीलसं./Ita No.1231, 1232, 1234 & 1236/Chny/2025 निर्धारणवर्ष/Assessment Years: 2013-14 To 2016-17 M/S. Southern Agrifurane Industries Pvt. Ltd., Mgm Centre No.1, 9Th Cross Street, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004. [Pan: Aagcs 9705 F] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-2(2), Chennai. (प्रत्यर्थी/Respondent) Department By Assessee By सुनवाईकीतारीख/Date Of Hearing घोषणाकीतारीख / Date Of Pronouncement : Mrs. C. Yamuna, Cit & Mr. Bipin, Cit : Mr. N. Arjun Raj, Advocate : 08.10.2025 : 21.11.2025

Housing Pvt Ltd v. DCIT (supra) wherein it was held that, an action of reassessment which comes to be initiated in relation to a search undertaken on or after 01 April 2021 would have to meet the foundational tests as specified in the first proviso to Section 149(1) of the Act. The Court held that, a reassessment action would