GAYATHRI DEVI VYAS, D.SRINIVAS VYAS MANOHAR VYAS VIJAY SHRI LEGAL HEIRS OF LATE SHRI DURGA DAS VYAS,CHENNAI vs. ITO NON CORPORATE WARD 12(5), CHENNAI

In the result, all the appeals filed by both the assessees are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 2691 & 2692/Chny/2018 िनधा"रण वष"/Assessment Years:2001-02 & 2002-03 Shri D. Srinivas Vyas, Vs. The Income Tax Officer, No. 1, D Block, Eashwaran Koil Non Corporate Ward 12(5), Street, West Mambalam, Chennai. Chennai 600 033. [Pan:Abvpv4760G] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos. 2693, 2694, 2695, 2696, 2697 & 2698/Chny/2018 िनधा"रण वष"/Assessment Years:1998-99, 99-2000, 2000-01, 2001-02, 2002-03 & 2003-04 Gayathri Devi Vyas, D. Srinivas Vyas, Vs. The Income Tax Officer, Manohar Vyas, Vijay Shri, Legal Heirs Non Corporate Ward 12(5), Of Late Shri Durga Das Vyas, No. 1, D Chennai. Block, Eashwaran Koil Street, West Mambalam, Chennai 600 033. [Pan:Adapv2591C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate & Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: These Appeals Filed By The Two Different Assessees Are Directed Against The Respective Orders Of The Ld. Commissioner Of Income Tax

rectification was sought was that the company from which the father-assessee received commission, went before the Settlement Commission, accepted the payments made to the father- assessee as un-substantiated payments, got them treated as part of their income, paid tax and also got immunity from further action. 16 I.T.A. No.2691 & 2692/Chny/18 & 2693 to 2698/Chny/18 13. The petitions filed under

D.SRINIVAS VYAS,CHENNAI vs. ITO NON CORPORATE WARD 12(5), CHENNAI

In the result, all the appeals filed by both the assessees are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 2691 & 2692/Chny/2018 िनधा"रण वष"/Assessment Years:2001-02 & 2002-03 Shri D. Srinivas Vyas, Vs. The Income Tax Officer, No. 1, D Block, Eashwaran Koil Non Corporate Ward 12(5), Street, West Mambalam, Chennai. Chennai 600 033. [Pan:Abvpv4760G] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos. 2693, 2694, 2695, 2696, 2697 & 2698/Chny/2018 िनधा"रण वष"/Assessment Years:1998-99, 99-2000, 2000-01, 2001-02, 2002-03 & 2003-04 Gayathri Devi Vyas, D. Srinivas Vyas, Vs. The Income Tax Officer, Manohar Vyas, Vijay Shri, Legal Heirs Non Corporate Ward 12(5), Of Late Shri Durga Das Vyas, No. 1, D Chennai. Block, Eashwaran Koil Street, West Mambalam, Chennai 600 033. [Pan:Adapv2591C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate & Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: These Appeals Filed By The Two Different Assessees Are Directed Against The Respective Orders Of The Ld. Commissioner Of Income Tax

rectification was sought was that the company from which the father-assessee received commission, went before the Settlement Commission, accepted the payments made to the father- assessee as un-substantiated payments, got them treated as part of their income, paid tax and also got immunity from further action. 16 I.T.A. No.2691 & 2692/Chny/18 & 2693 to 2698/Chny/18 13. The petitions filed under

GAYATHRI DEVI VYAS, D.SRINIVAS VYAS MANOHAR VYAS VIJAY SHRI LEGAL HEIRS OF LATE SHRI DURGA DAS VYAS,CHENNAI vs. ITO NON CORPORATE WARD 12(5), CHENNAI

In the result, all the appeals filed by both the assessees are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 2691 & 2692/Chny/2018 िनधा"रण वष"/Assessment Years:2001-02 & 2002-03 Shri D. Srinivas Vyas, Vs. The Income Tax Officer, No. 1, D Block, Eashwaran Koil Non Corporate Ward 12(5), Street, West Mambalam, Chennai. Chennai 600 033. [Pan:Abvpv4760G] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos. 2693, 2694, 2695, 2696, 2697 & 2698/Chny/2018 िनधा"रण वष"/Assessment Years:1998-99, 99-2000, 2000-01, 2001-02, 2002-03 & 2003-04 Gayathri Devi Vyas, D. Srinivas Vyas, Vs. The Income Tax Officer, Manohar Vyas, Vijay Shri, Legal Heirs Non Corporate Ward 12(5), Of Late Shri Durga Das Vyas, No. 1, D Chennai. Block, Eashwaran Koil Street, West Mambalam, Chennai 600 033. [Pan:Adapv2591C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate & Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: These Appeals Filed By The Two Different Assessees Are Directed Against The Respective Orders Of The Ld. Commissioner Of Income Tax

rectification was sought was that the company from which the father-assessee received commission, went before the Settlement Commission, accepted the payments made to the father- assessee as un-substantiated payments, got them treated as part of their income, paid tax and also got immunity from further action. 16 I.T.A. No.2691 & 2692/Chny/18 & 2693 to 2698/Chny/18 13. The petitions filed under

GAYATHRI DEVI VYAS, D.SRINIVAS VYAS MANOHAR VYAS VIJAY SHRI LEGAL HEIRS OF LATE SHRI DURGA DAS VYAS,CHENNAI vs. ITO NON CORPORATE WARD 12(5), CHENNAI

In the result, all the appeals filed by both the assessees are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 2691 & 2692/Chny/2018 िनधा"रण वष"/Assessment Years:2001-02 & 2002-03 Shri D. Srinivas Vyas, Vs. The Income Tax Officer, No. 1, D Block, Eashwaran Koil Non Corporate Ward 12(5), Street, West Mambalam, Chennai. Chennai 600 033. [Pan:Abvpv4760G] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos. 2693, 2694, 2695, 2696, 2697 & 2698/Chny/2018 िनधा"रण वष"/Assessment Years:1998-99, 99-2000, 2000-01, 2001-02, 2002-03 & 2003-04 Gayathri Devi Vyas, D. Srinivas Vyas, Vs. The Income Tax Officer, Manohar Vyas, Vijay Shri, Legal Heirs Non Corporate Ward 12(5), Of Late Shri Durga Das Vyas, No. 1, D Chennai. Block, Eashwaran Koil Street, West Mambalam, Chennai 600 033. [Pan:Adapv2591C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate & Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: These Appeals Filed By The Two Different Assessees Are Directed Against The Respective Orders Of The Ld. Commissioner Of Income Tax

rectification was sought was that the company from which the father-assessee received commission, went before the Settlement Commission, accepted the payments made to the father- assessee as un-substantiated payments, got them treated as part of their income, paid tax and also got immunity from further action. 16 I.T.A. No.2691 & 2692/Chny/18 & 2693 to 2698/Chny/18 13. The petitions filed under

GAYATHRI DEVI VYAS, D.SRINIVAS VYAS MANOHAR VYAS VIJAY SHRI LEGAL HEIRS OF LATE SHRI DURGA DAS VYAS,CHENNAI vs. ITO NON CORPORATE WARD 12(5), CHENNAI

In the result, all the appeals filed by both the assessees are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 2691 & 2692/Chny/2018 िनधा"रण वष"/Assessment Years:2001-02 & 2002-03 Shri D. Srinivas Vyas, Vs. The Income Tax Officer, No. 1, D Block, Eashwaran Koil Non Corporate Ward 12(5), Street, West Mambalam, Chennai. Chennai 600 033. [Pan:Abvpv4760G] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos. 2693, 2694, 2695, 2696, 2697 & 2698/Chny/2018 िनधा"रण वष"/Assessment Years:1998-99, 99-2000, 2000-01, 2001-02, 2002-03 & 2003-04 Gayathri Devi Vyas, D. Srinivas Vyas, Vs. The Income Tax Officer, Manohar Vyas, Vijay Shri, Legal Heirs Non Corporate Ward 12(5), Of Late Shri Durga Das Vyas, No. 1, D Chennai. Block, Eashwaran Koil Street, West Mambalam, Chennai 600 033. [Pan:Adapv2591C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate & Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: These Appeals Filed By The Two Different Assessees Are Directed Against The Respective Orders Of The Ld. Commissioner Of Income Tax

rectification was sought was that the company from which the father-assessee received commission, went before the Settlement Commission, accepted the payments made to the father- assessee as un-substantiated payments, got them treated as part of their income, paid tax and also got immunity from further action. 16 I.T.A. No.2691 & 2692/Chny/18 & 2693 to 2698/Chny/18 13. The petitions filed under

D.SRINIVAS VYAS,CHENNAI vs. ITO NON CORPORATE WARD 12(5), CHENNAI

In the result, all the appeals filed by both the assessees are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 2691 & 2692/Chny/2018 िनधा"रण वष"/Assessment Years:2001-02 & 2002-03 Shri D. Srinivas Vyas, Vs. The Income Tax Officer, No. 1, D Block, Eashwaran Koil Non Corporate Ward 12(5), Street, West Mambalam, Chennai. Chennai 600 033. [Pan:Abvpv4760G] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos. 2693, 2694, 2695, 2696, 2697 & 2698/Chny/2018 िनधा"रण वष"/Assessment Years:1998-99, 99-2000, 2000-01, 2001-02, 2002-03 & 2003-04 Gayathri Devi Vyas, D. Srinivas Vyas, Vs. The Income Tax Officer, Manohar Vyas, Vijay Shri, Legal Heirs Non Corporate Ward 12(5), Of Late Shri Durga Das Vyas, No. 1, D Chennai. Block, Eashwaran Koil Street, West Mambalam, Chennai 600 033. [Pan:Adapv2591C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate & Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: These Appeals Filed By The Two Different Assessees Are Directed Against The Respective Orders Of The Ld. Commissioner Of Income Tax

rectification was sought was that the company from which the father-assessee received commission, went before the Settlement Commission, accepted the payments made to the father- assessee as un-substantiated payments, got them treated as part of their income, paid tax and also got immunity from further action. 16 I.T.A. No.2691 & 2692/Chny/18 & 2693 to 2698/Chny/18 13. The petitions filed under

GAYATHRI DEVI VYAS, D.SRINIVAS VYAS MANOHAR VYAS VIJAY SHRI LEGAL HEIRS OF LATE SHRI DURGA DAS VYAS,CHENNAI vs. ITO NON CORPORATE WARD 12(5), CHENNAI

In the result, all the appeals filed by both the assessees are dismissed

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 2691 & 2692/Chny/2018 िनधा"रण वष"/Assessment Years:2001-02 & 2002-03 Shri D. Srinivas Vyas, Vs. The Income Tax Officer, No. 1, D Block, Eashwaran Koil Non Corporate Ward 12(5), Street, West Mambalam, Chennai. Chennai 600 033. [Pan:Abvpv4760G] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. Nos. 2693, 2694, 2695, 2696, 2697 & 2698/Chny/2018 िनधा"रण वष"/Assessment Years:1998-99, 99-2000, 2000-01, 2001-02, 2002-03 & 2003-04 Gayathri Devi Vyas, D. Srinivas Vyas, Vs. The Income Tax Officer, Manohar Vyas, Vijay Shri, Legal Heirs Non Corporate Ward 12(5), Of Late Shri Durga Das Vyas, No. 1, D Chennai. Block, Eashwaran Koil Street, West Mambalam, Chennai 600 033. [Pan:Adapv2591C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N.V. Balaji, Advocate & Ms. N.V. Lakshmi, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.11.2022 घोषणा की तारीख /Date Of Pronouncement : 30.11.2022 आदेश /O R D E R Per V. Durga Rao: These Appeals Filed By The Two Different Assessees Are Directed Against The Respective Orders Of The Ld. Commissioner Of Income Tax

rectification was sought was that the company from which the father-assessee received commission, went before the Settlement Commission, accepted the payments made to the father- assessee as un-substantiated payments, got them treated as part of their income, paid tax and also got immunity from further action. 16 I.T.A. No.2691 & 2692/Chny/18 & 2693 to 2698/Chny/18 13. The petitions filed under

DCIT, CHENNAI vs. JAGATHRAKSKAN SRINISHA, CHENNAI

rectification was sought to be made by the\nCommissioner was that power tariff subsidy given to the assessee was\nadmissible only after commencement of production. Consequently, according\nto the Commissioner, power tariff subsidy constituted operational subsidies and\nnot capital subsidies and, in the circumstances, he applied the ratio of Sahney\nSteel & Press Works Ltd. (supra) to rectify its earlier order

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

rectification was sought to be made by the\nCommissioner was that power tariff subsidy given to the assessee was\nadmissible only after commencement of production. Consequently, according\nto the Commissioner, power tariff subsidy constituted operational subsidies and\nnot capital subsidies and, in the circumstances, he applied the ratio of Sahney\nSteel & Press Works Ltd. (supra) to rectify its earlier order

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

rectification was sought to be made by the\nCommissioner was that power tariff subsidy given to the assessee was\nadmissible only after commencement of production. Consequently, according\nto the Commissioner, power tariff subsidy constituted operational subsidies and\nnot capital subsidies and, in the circumstances, he applied the ratio of Sahney\nSteel & Press Works Ltd. (supra) to rectify its earlier order

D.SHANTHA,VILLUPURAM vs. ITO, VILLUPURAM

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

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

D.SHANTHA,VILLUPURAM vs. ITO, VILLUPURAM

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

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

D.SHANTHA,VILLUPURAM vs. ITO, VILLUPURAM

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

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

DCIT, VILLUPURAM vs. D.SANTHA, KALLAKURICHI

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

Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman

penalty levied u/s. 271(1)(c) for assessment years 2008-09 and 2009-10, respectively. 2. Smt. D. Santha, the assessee, an individual has been carrying on business in jewellery apart from pawn broking. For assessment year 2008-09, she did not file her return within the due date ie., 31.07.2008. On 16.03.2009, a survey was carried

K.GURUMURTHY,CHENNAI vs. ITO NON CORPORATE WARD 11(4), CHENNAI

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

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

271 (1) (C) R.W.S 129 OF THE INCOME TAX ACT, 1961 PAN: AATPG7393J/ NCW-11(4)/ REMAND REPORT/2018-19 Dated: 30/07/2018 To The Commissioner Of Income-Tax (Appeals)-13, 121, Mahatma Gandhi Road, Chennai-600 034. Respected Sir, : ITA Nos.2921 & 2922/Chny/2018 :- 9 -: Sub: Remand Report in the case of Shri. K. Gurumuthy-PAN: AAIPG7393J – AY: 2011-12 - reg. Ref: Remand report

K.GURUMURTHY,CHENNAI vs. ITO NON CORPORATE WARD 11(4), CHENNAI

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

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

271 (1) (C) R.W.S 129 OF THE INCOME TAX ACT, 1961 PAN: AATPG7393J/ NCW-11(4)/ REMAND REPORT/2018-19 Dated: 30/07/2018 To The Commissioner Of Income-Tax (Appeals)-13, 121, Mahatma Gandhi Road, Chennai-600 034. Respected Sir, : ITA Nos.2921 & 2922/Chny/2018 :- 9 -: Sub: Remand Report in the case of Shri. K. Gurumuthy-PAN: AAIPG7393J – AY: 2011-12 - reg. Ref: Remand report

ST. JOSEPHS INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST,CHENNAI vs. DCOT. CENTRAL CIRCLE-1(3), CHENNAI

In the result, all the appeals filed by the assessees are allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

154 of the Act by the appellation towards rectification of mistakes apparent from the order. 2. The Ld. AO erred in computing undisclosed income as assessed vide the search assessment order u/s 153A of the Act dated 29-09-2021, without giving effect to the application of income as claimed u/s 11 of the Act. 3. Without prejudice

ST.JOSEPHS EDUCATIONAL TRUST,CHENNAI vs. DCIT, CENTRAL CIRCLE-193), CHENNAI

In the result, all the appeals filed by the assessees are allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

154 of the Act by the appellation towards rectification of mistakes apparent from the order. 2. The Ld. AO erred in computing undisclosed income as assessed vide the search assessment order u/s 153A of the Act dated 29-09-2021, without giving effect to the application of income as claimed u/s 11 of the Act. 3. Without prejudice

ITO (IT), WARD 2(1), CHENNAI, CHENNAI vs. ROHITKUMAR NEMCHAND PIPARIA, CHENNAI

The appeal stands allowed for statistical purposes

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1326/Chny/2023 (िनधा*रण वष* / Assessment Year: 2008-09) Income Tax Officer Shri Rohitkumar Nemchand Piparia बनाम International Taxation Ward-2(1), #34 (Old #77), Meddox Street, / Vs. Chennai. Choolai, Chennai-600 112. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Akzpp-0661-M (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Assessee By : Shri T. Banusekar & Ms.Samyuktha Banusekar (Advocates) - Ld. Ars " थ"कीओरसे/Revenue By : Shri Nilay Baran Som (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 07-10-2024 घोषणाकीतारीख /Date Of Pronouncement : 31-12-2024 आदेश / O R D E R

271(1)(c) of the Act, the intention of the assessee is not to be proved by the revenue. As concluded by Hon'ble Supreme Court in the case of Dharmendra Textiles (306 ITR 277), penalty u/s.271 (1) (c) is a civil liability. 4. The Ld. AR, on the other hand, has stated that responsibility to ensure payment of entire