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)

u/s 271D expired on 30.09.2021. However, the penalty show-cause notice was issued by the Addl. CIT on 02.11.2021 and the penalty order was passed on 30.05.2022. It is therefore evident that the penalty order has not been passed within the statutory time limit which lapsed on 30.09.2021. In view of this reason, it is held that the penalty order

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)

u/s 271D expired on 30.09.2021. However, the penalty show-cause notice was issued by the Addl. CIT on 02.11.2021 and the penalty order was passed on 30.05.2022. It is therefore evident that the penalty order has not been passed within the statutory time limit which lapsed on 30.09.2021. In view of this reason, it is held that the penalty order

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)

u/s 271D expired on 30.09.2021. However, the penalty show-cause notice was issued by the Addl. CIT on 02.11.2021 and the penalty order was passed on 30.05.2022. It is therefore evident that the penalty order has not been passed within the statutory time limit which lapsed on 30.09.2021. In view of this reason, it is held that the penalty order

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

2) of the Act. The proceedings for the imposition of penalty in terms\nof sub-section (1) of section 271 have necessarily to be initiated either by\nthe Income-tax Officer or by the Appellate Assistant Commissioner. The\nfact that the Income-tax Officer has to refer the case to the Inspecting\nAssistant Commissioner if the minimum imposable penalty exceeds

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

2. Issue for Consideration Whether the penalty notice under Section 271AAB is invalid due to the AO's reference to "Section 271AAB(1)" instead of "Section 271AAB(1A)", despite the levy of a 60% penalty. 3. Submission It is respectfully submitted that the penalty notice is valid and the assessee's challenge lacks merit for the following reasons: a. Penalty

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

2. Issue for Consideration Whether the penalty notice under Section 271AAB is invalid due to the AO's reference to "Section 271AAB(1)" instead of "Section 271AAB(1A)", despite the levy of a 60% penalty. 3. Submission It is respectfully submitted that the penalty notice is valid and the assessee's challenge lacks merit for the following reasons: a. Penalty

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

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed the penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

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

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

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

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

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by ld. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

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

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

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

u/s 271(1)(c) of the IT Act. The\nAO imposed the penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by Id. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

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

u/s 271(1)(c) of the IT Act. The ld.\nAO imposed the penalty by invoking the Explanation 5A to section\n271(1)(c) of the Act, which has been confirmed by ld. CIT (A) by\nconsidering the judgement of Hon'ble Supreme Court in the case of MAK\nData Pvt. Ltd. (supra). But for imposing the penalty under Explanation

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 139”. From the above, it is clear that the legislation did not mandate issuance of a notice for Penalty proceeding hearing whereas for all other proceeding hearing, the legislation mandated issuance of a notice. The logic being, u/s 271 of the Income tax Act, penalty proceedings are initiated or have to be initiated during the pendency of assessment

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

2), it enumerates the circumstances wherein, the\npenalty is leviable but that does not mean that in the absence of the\ncircumstances enumerated that penalty cannot be levied. Hence, the AO has the discretion to levy or not to levy penalty and it is not mandatory.\nGround of appeal #5 & #6: NON-DISCLOSURE OF UNDISCLOSED INCOME IN THE CASE

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

u/s 132 of the Act,\nunearthed unaccounted cash transactions, which warrants penalty of 60%.\nInvalidating the notice on technical issue, would defeat the intent of the\nlegislature.\ne) Holistic Interpretation of the Notice\nThe Ld. DR submitted that the notice must be read in conjunction with the\nassessment order, penalty order and search proceedings.\nf) Assessee's Conduct Warrants Penalty

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)

section 271 D and 271 E of the Act for the AY 2018-19. 2. In the written submissions filed by the assessee on 29.07.2024, the assessee has raised certain contentions. The Revenue prays that it may be permitted to discuss the same and place its submissions with reference to the same before the Hon'ble ITAT, as below

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)

section 271 D and 271 E of the Act for the AY 2018-19. 2. In the written submissions filed by the assessee on 29.07.2024, the assessee has raised certain contentions. The Revenue prays that it may be permitted to discuss the same and place its submissions with reference to the same before the Hon'ble ITAT, as below