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

158 BFA(2), it does not appear that in all the cases where the undisclosed income is determined by the AO under Clause(c) of Section 158BC, the imposition of penalty as specified u/S.158BFA shall follow as a natural consequence thereof. In our considered opinion, in terms of Section 158BFA, a discretion is vested with the Assessing Officer to levy

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

158 BFA(2), it does not appear that in all the cases where the undisclosed income is determined by the AO under Clause(c) of Section 158BC, the imposition of penalty as specified u/S.158BFA shall follow as a natural consequence thereof. In our considered opinion, in terms of Section 158BFA, a discretion is vested with the Assessing Officer to levy

D.SENTHIL KUMAR,CHENNAI vs. ACIT, COIMBATORE

In the result, the appeal of the assessee is allowed in terms of our above order

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

Section 271(1B) the tax payer cannot take a shelter that he was not aware why the Penalty proceedings have been initiated. In the instant case, the assessee was found to have concealed its real income consequent to survey conducted based on an original return filed u/s 139, wherein he had admitted only Rs.1,00,920/- as his income. Consequent

PENTA MEDIA GRAPHICS LTD.,CHENNAI vs. DCIT, CHENNAI

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

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.1402/Chny/2015 िनधा"रण वष"/Assessment Year: 2000-01 M/S. Penta Media Graphics Ltd., The Deputy Commissioner Of ‘Taurus’, No. 25, First Main Road, Vs. Income Tax, Media Circle I, Room No. 311, 3Rd Floor, New Block, United India Colony, Kodambakkam, Chennai 600 024. 121, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034. [Pan: Aaacp1647B] (अपीलाथ" /Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By Shri G. Baskar, Advocate & : Smt. Sree Valli Lakshmi, Advocate ""थ" की ओर से/Respondent By None [Dept. Letter Submission] : सुनवाई की तारीख/ Date Of Hearing 12.04.2023 : घोषणा की तारीख /Date Of Pronouncement : 10.05.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 14, Chennai Dated 30.03.2015 Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

271(1)(c) must exist before the penalty is imposed. In the light of the above discussions, the assessee-company humbly request your Honour to kindly drop the proceedings under consideration. The Assessee relies on the Supreme Court decision in the case of Commissioner of Income Tax Vs Reliance Petroproducts (P) Ltd (322 ITR 158 (SC)} copy of which

DAKSHINAMOORTHY KUMARESAN,THIRUVARUR vs. INCOME TAX OFFICER, THIRUVARUR

Appeal of the assessee is allowed

u/s 147 of the Act dated 25.05.2023, the Id.\nAssessing Officer stated that penalty proceedings u/s.271 (1) (c) of the Act is\ninitiated separately as it is evidenced that the assessee has 'concealed his\nparticulars of income' by not filing his return of income voluntarily for A.Y. 2016-\n2017 as required u/s.139(1) of the Act.\n7. Penalty is imposed

R V R NAGESH LEGAL HEIR OF LATE VENGATTARAYALU RAJAN,KANCHIPURAM vs. INCOME TAX OFFICER, NON CORP WARD - 22(4), TAMBARAM, TAMBARAM

In the result, the appeal of the assessee is allowed

158. It was accordingly requested\nthat as the penalty order was infructuous and invalid, the penalty order\nimposing penalty in its case of Rs.10 lakhs may be set aside.\n3.0 Per contra, the Ld.DR relied upon the order of lower authorities.\n4.0 We have heard the rival submissions in the light of material\navailable on records. The issue of legality

M.ARUN,CHENNAI vs. DCIT,CC-2(4), CHENNAI

In the result, the appeal of the assessee is allowed in terms of our above order

Bench: Shri Manoj Kumar Aggarwal & Shri Manomohan Dasआयकर अपील सं./Ita No.573/Chny/2021 िनधा)रण वष) /Assessment Year: 2008-09

u/s 274 r.w.s 271 on 31.12.2010 is a vague notice in a printed form without striking- off irrelevant portion and do not specify the exact charge for each head of addition for which the assessee was being penalized and therefore, it was a clear case of non-application of mind while initiating penalty against the assessee. Even in the body

ANOTRA REALATORS PRIVATE LIMITED,CHENNAI vs. PCIT (CENTRAL)- 1, CHENNAI

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

u/s 271AAC are initiated separately.\n7. The Tax Computation Sheet and Demand Notice are enclosed.\n8. This order is passed with the prior approval of the Additional\nCommissioner of Income Tax, Central Range-1, Chennai as per section\n153D of the Income Tax Act.\nFrom the above, it is clear that this order is passed with the prior\napproval

PANJURAJAN GANESAN,,SIVAKASI vs. DCIT, CC - 2,, MADURAI

The appeal of the assessee is allowed

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S. R. Raghunathaआयकरअपील सं./Ita Nos.278/Chny/2020 Assessment Year: 2009-10 Panjurajan Ganesan Vs. Deputy Commissioner Of Income Tax, No.74A, Velayutham Road, Corporate Circle-2, Sivakasi, Madurai. Tamil Nadu-626 123. [Pan:Abypg3315R] (अपीलार्थी/Assessee) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Mr. D. Anand, Advocate प्रत्यर्थी की ओर से /Respondent By : Ms. G. Latchana, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 03.07.2025 घोषणा की तारीख /Date Of Pronouncement : 03.07.2025

u/s 274 r.w.s 271 of the Act for ‘have concealed the particulars of your income or ….furnished inaccurate particulars of such income’. The ld. AR further contended that order imposing penalty has to be made only on ground of which penalty proceedings has been initiated. The ld. counsel further contended that ‘concealment of income’ and ‘furnishing of inaccurate particulars

DCIT, CHENNAI vs. JAGATHRAKSKAN SRINISHA, CHENNAI

158\n79,73,302 (3,060 gms)\nAY 2016-17\n45,50,376\n39,13,497 (1,350 gms)\nTotal\n4,52,07,376\n2,18,80,032\n11. Without prejudice while before Ld CIT(A) the ‘A' submitted the value of gold\njewellery purchased by ‘A’between

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

158\n79,73,302 (3,060 gms)\nAY 2016-17\n45,50,376\n39,13,497 (1,350 gms)\nTotal\n4,52,07,376\n2,18,80,032\n11. Without prejudice while before Ld CIT(A) the ‘A’submitted the value of gold\njewellery purchased by ‘A’between

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

158\n79,73,302 (3,060 gms)\nAY 2016-17\n45,50,376\n39,13,497 (1,350 gms)\nTotal\n4,52,07,376\n2,18,80,032\n11. Without prejudice while before Ld CIT(A) the ‘A' submitted the value of gold\njewellery purchased by ‘A’between

C.R. TEXTILE MILLS, ,SALEM vs. ITO, CIRCLE-1,, SALEM

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

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita No.1361/Chny/2025 िनधा:रण वष: /Assessment Year: 2016-17

section 271(1)(c) of the Act. 5. The Ld. Departmental Representative has relied on the orders of the lower authorities. 6. We have heard the rival submissions and perused the materials available on record. The A.O has levied a penalty of Rs. 94,977/- u/s. 271(1)(c) of the Act in respect of sundry creditors treated as income

ACHALA PUNJA,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX NON CORPORATE CIRCLE 3(1), CHENNAI

In the result, the appeal of the assessee stands allowed

158, SC).\n4. The appellant also seeks to rely on the following decisions that squarely\nsupport her case that mere disallowance of a claim genuinely made does\nnot attract penalty u/s 271(1)(c).\n•\nCIT v. Harshavardhan Chemicals & Minerals Ltd. (259 ITR 212,\nRajasthan HC)\n•\nCIT v. SSP (India) Ltd (328 ITR 643, P&H HC)\n•\nShri

M/S.REDINGTON DISTRIBUTION PTE LTD.,SINGAPORE vs. ACIT,INTL TAXATION CIRCLE-2(1), CHENNAI

In the result, all the appeals filed by the assessee stands allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

u/s 271 (1) (c). Accordingly, ground no’s 6 and 7 are dismissed.” 11. Now, the assessee is in appeal before us. 12. Assailing the action of the Ld. CIT(A), the Ld. Senior Counsel Shri. Percy Pardiwala pointed out that, the impugned issue under dispute was not settled on merits through an appeal route but rather through

M/S.REDINGTON DISTRIBUTIONS PTE LTD.,SINGAPORE vs. ACIT, INTLTAXATION CIRCLE-2(1), CHENNAI

In the result, all the appeals filed by the assessee stands allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

u/s 271 (1) (c). Accordingly, ground no’s 6 and 7 are dismissed.” 11. Now, the assessee is in appeal before us. 12. Assailing the action of the Ld. CIT(A), the Ld. Senior Counsel Shri. Percy Pardiwala pointed out that, the impugned issue under dispute was not settled on merits through an appeal route but rather through

M/S.REDINGTON DISTRIBUTIONS PTE LTD.,SINGAPORE vs. ACIT, INTLTAXATION CIRCLE-2(1), CHENNAI

In the result, all the appeals filed by the assessee stands allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

u/s 271 (1) (c). Accordingly, ground no’s 6 and 7 are dismissed.” 11. Now, the assessee is in appeal before us. 12. Assailing the action of the Ld. CIT(A), the Ld. Senior Counsel Shri. Percy Pardiwala pointed out that, the impugned issue under dispute was not settled on merits through an appeal route but rather through

M/S. REDINGTON DISTRIBUTION PTE LTD.,SINGAPORE vs. ACIT , INTL TAXATION CIRCLE-2(1), CHENNAI

In the result, all the appeals filed by the assessee stands allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

u/s 271 (1) (c). Accordingly, ground no’s 6 and 7 are dismissed.” 11. Now, the assessee is in appeal before us. 12. Assailing the action of the Ld. CIT(A), the Ld. Senior Counsel Shri. Percy Pardiwala pointed out that, the impugned issue under dispute was not settled on merits through an appeal route but rather through