DCIT, CENTRALCIRCLE-2(2), CHENNAI vs. SUBRAMANIAM THANU, CHENNAI

In the result, all the appeals filed by the Revenue as well as Cross

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

16. Subsequently, reference was made by the Assessing Officer vide letter dated 15.03.2021 to the Addl. CIT by stating to consider to initiate penalty proceedings under section 271D of the Act for having violated the provisions of section 269SS of the Act by the assessee. Accordingly, the Addl. CIT levied penalty under section 271D

DCIT, CENTRALCIRCLE-2(2), CHENNAI vs. SUBRAMANIAM THANU, CHENNAI

In the result, all the appeals filed by the Revenue as well as Cross

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

16. Subsequently, reference was made by the Assessing Officer vide letter dated 15.03.2021 to the Addl. CIT by stating to consider to initiate penalty proceedings under section 271D of the Act for having violated the provisions of section 269SS of the Act by the assessee. Accordingly, the Addl. CIT levied penalty under section 271D

DCIT, CENTRALCIRCLE-2(2), CHENNAI vs. SUBRAMANIAM THANU, CHENNAI

In the result, all the appeals filed by the Revenue as well as Cross

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. Nos.785, 786, 787 & 788/Chny/2023 िनधा"रण वष"/Assessment Years: 2015-16 & 2016-17 & C.O. Nos. 40, 41, 42 & 43/Chny/2023 (In I.T.A. Nos.785 To 788/Chny/2023)

16. Subsequently, reference was made by the Assessing Officer vide letter dated 15.03.2021 to the Addl. CIT by stating to consider to initiate penalty proceedings under section 271D of the Act for having violated the provisions of section 269SS of the Act by the assessee. Accordingly, the Addl. CIT levied penalty under section 271D

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. JAYAPRIYA COMPANY, CHENNAI

In the result, appeal filed by the Revenue is dismissed and the\nCross-Objection filed by the assessee is allowed

16-\n12-2021. In the course of search, it was inter alia unearthed that, the\nassessee was using a remote (cloud) server. It was revealed that, the\nserver contained a folder titled 'DATA' which inter alia included data\npertaining to Jayapriya Company under the head `Investments'. According\nto the AO, the data also contained entries indicating receipt of 'FD' (fixed

M/S.ENRICA ENTERPRISES PVT LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha. G & Shri Manomohan Das

271(l)(c). The learned 1st appellate authority failed to see that the penalty proceedings are independent of assessment proceedings and therefore penalty is not leviable merely on the ground that certain additions have been made in the assessment proceedings. 10. The learned Commissioner ought to have seen that penalty cannot be levied merely because an amount taxed as income

M/S ENRICA ENTERPRISES PVT LTD,CHENNAI vs. DCIT,CENTRAL CIRCLE-3(4), CHENNAI

In the result, appeal filed by the assessee in ITA

Bench: Shri Manjunatha. G & Shri Manomohan Das

271(l)(c). The learned 1st appellate authority failed to see that the penalty proceedings are independent of assessment proceedings and therefore penalty is not leviable merely on the ground that certain additions have been made in the assessment proceedings. 10. The learned Commissioner ought to have seen that penalty cannot be levied merely because an amount taxed as income

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI,

16 PM on 19/09/2022 and show cause why an order imposing a penalty on you\nshould not be made under section 270A of the Income Tax Act, 1961.\nIf you do not wish to avail yourself of this opportunity of being heard in person or through authorised\nrepresentative, you may show cause in writing on or before the said date

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

271(1)(c) of the Act, the same principle would equally apply to Section 270A of the Act d) No prejudice Caused to the assessee The Ld.DR submitted that prejudice has been caused to the assessee, as the assessee was given opportunity of being heard. Our Submission When the impugned penalty notice is invalid, the entire proceedings gets vitiated

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

271(1)(c) of the Act, the same principle would equally apply to Section 270A of the Act d) No prejudice Caused to the assessee The Ld.DR submitted that prejudice has been caused to the assessee, as the assessee was given opportunity of being heard. Our Submission When the impugned penalty notice is invalid, the entire proceedings gets vitiated

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

16 PM on 19/09/2022 and show cause why an order imposing a penalty on you\nshould not be made under section 270A of the Income Tax Act, 1961.\nIf you do not wish to avail yourself of this opportunity of being heard in person or through authorised\nrepresentative, you may show cause in writing on or before the said date

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

16 PM on 19/09/2022 and show cause why an order imposing a penalty on you\nshould not be made under section 270A of the Income Tax Act, 1961.\nIf you do not wish to avail yourself of this opportunity of being heard in person or through authorised\nrepresentative, you may show cause in writing on or before the said date

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, TIRUVANNAMALAI

16 PM on 19/09/2022 and show cause why an order imposing a penalty on you\nshould not be made under section 270A of the Income Tax Act, 1961.\nIf you do not wish to avail yourself of this opportunity of being heard in person or through authorised\nrepresentative, you may show cause in writing on or before the said date

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, CHENNAI

In the result, all the six appeals of the Revenue are\ndismissed

16 PM on 19/09/2022 and show cause why an order imposing a penalty on you\nshould not be made under section 270A of the Income Tax Act, 1961.\nIf you do not wish to avail yourself of this opportunity of being heard in person or through authorised\nrepresentative, you may show cause in writing on or before the said date

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. ETHIRAJULU VAJRAVEL KUMARAN, THIRUVANNAMALAI

In the result, all the six appeals of the Revenue are\ndismissed

16 PM on 19/09/2022 and show cause why an order imposing a penalty on you\nshould not be made under section 270A of the Income Tax Act, 1961.\nIf you do not wish to avail yourself of this opportunity of being heard in person or through authorised\nrepresentative, you may show cause in writing on or before the said date

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

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

ST. JOSHEPHS INSTITUTE OF SCIENCE AND TECHNOLOGY TRUST,CHENNAI vs. DCIT, CENTRAL CIRCLE-193), CHENNAI

16 ::\nITA Nos.3293 & 3294/Chny/2024\n(AYs 2018-19 & 2020-21)\nSt. Joseph's Educational Trust\n&\nITA Nos.3295 to 3297/Chny/2024\n(AYS 2018-19 to 2020-21)\nSt. Joseph's Institute of Science &\nTechnology Trust\ng) Assessee's Conduct Warrants Penalty\nThe Ld. DR submitted that the appellant has concealed the income, hence, the\nLd.AO is justified in levying penalty

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

16 ::\ng) Assessee's Conduct Warrants Penalty\nThe Ld. DR submitted that the appellant has concealed the income, hence, the\nLd.AO is justified in levying penalty\nOur Submissions\nAgain, the Ld. DR is jumping the gun by justifying the action of the Ld.AO by\npassing the penalty order levying penalty of 50% of under-reporting of\nincome. The issue

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].

section 271(1)(c) of the Act dated 28.03.2012. The relevant portion of the order is extracted as under: 5. The Decision: 5.1 The learned AR argued that i. The issue involved is a legal issue. ii. only a different view was taken by the assessee and the department and iii. relied on the decision of Reliance Petro Products

ROMAA HOUSING PRIVATE LIMITED,CHENNAI vs. ITO, CHENNAI

In the result, appeals filed by the assessee for both the assessment

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.1345 To 1346 & 1347/Chny/2024 िनधा"रण वष"/Assessment Years: 2018-19 & 2019-20 V. M/S.Romaa Housing Pvt. Ltd., The Addl.Cit, No.1/107 & 108, Agr Tower, Central Range-3, P.H.Road Nerkundram, Chennai. Chennai-600 107. [Pan: Aaecr 6992 B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

u/s 271D/E, he AO had no satisfaction to Initiate any penalty. 3.1 In this regard, reliance is placed on the decision of the Special Bench of the ITAT, Chandigarh Bench in 98 ITD 200. The relevant portion of the decision is extracted below: "21. Another factor that deserves consideration is the requirement of recording of satisfaction in the course