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

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita Nos.3293 & 3294/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 & 2020-21 St. Joseph'S Educational Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. [Pan: Aamts 3888 G] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) आयकर अपील सं./Ita Nos.3295 To 3297/Chny/2024 निर्धारणवर्ष/Assessment Year: 2018-19 To 2020-21 St. Joseph'S Institute Of Science & Technology Trust, 56-C, Old Mahabalipuram Road, Sholinganallur, Chennai-600 119. [Pan: Aahts 9943 B] (अपीलार्थी/Appellant) V. The Dcit, Central Circle-1(3), Chennai. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr. V. Balaji, Ca & Mr. K.R. Vasudevan, Advocate By Virtual प्रत्यर्थी की ओर से /Respondent By : Ms. Anitha, Addl.Cit सुनवाईकीतारीख/Date Of Hearing : 04.04.2025 घोषणाकीतारीख / Date Of Pronouncement : 06.06.2025 :: 2 ::

271(1)(c) of the Act, the same principle would equally apply to Section 271AAB of the Act :: 15 :: Following the Hon'ble SC decision in the case of CIT VS SSA Emerald Meadows [2016] 73 taxmann.com 241 (SC) Hence, it is settled issue, upheld in several judicial decisions, that the AO is required to indicate the limb

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

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

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].

14, Chennai dated 30.03.2015 passed under section 271(1)(c) of the Income Tax Act, 1961 [“Act” in short]. The appeal filed by the assessee is delayed by one day in filing the 2. appeal before the Tribunal. The assessee has filed a petition for condonation of delay against which, the ld. DR has not objected. Since the assessee

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

In the result, appeal filed by the assessee is allowed

Bench: Shri Manjunatha. G & Shri Manomohan Das

14 as under :— “12. Now, coming to another contention of the ld AR where he has challenged the findings of the ld. CIT(A) that penalty u/s 271AAB is mandatory in nature and there is no discretion with the Income tax authorities. It was submitted by the ld AR that in section 271AAB, the word 'may' is used instead

ASSISTANT COMMISSIONER OF INCOME TAX, NON CORPORATE CIRCLE-10, CHENNAI vs. SJ SURYAH, CHENNAI

In the result, appeal filed by the assessee is allowed and appeal filed by the Revenue is dismissed

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.806/Chny/2023 िनधा"रण वष"/Assessment Year: 2002-03 V. Shri S.J.Suryah, The Asst. Commissioner- No.35-1D, Of Income Tax, 114, Neelakanta Mehta Street, Central Circle-2(4), T. Nagar, Chennai-600 017. Chennai. [Pan: Alyps 3012 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

iii. Initiated for concealment of total income has been met. Section 271(1B) clarifies if due recording of reason for initiation of penalty proceeding is mentioned in the body of the Assessment order, and then it would constitute recording of satisfaction under section 271(1) of the Act. B. When the initiation of penalty proceeding considered does communicated

SHRI.S.J.SURYAH,CHENNAI, TAMIL NADU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), CHENNAI

In the result, appeal filed by the assessee is allowed and appeal filed by the Revenue is dismissed

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.806/Chny/2023 िनधा"रण वष"/Assessment Year: 2002-03 V. Shri S.J.Suryah, The Asst. Commissioner- No.35-1D, Of Income Tax, 114, Neelakanta Mehta Street, Central Circle-2(4), T. Nagar, Chennai-600 017. Chennai. [Pan: Alyps 3012 R] (अपीलाथ"/Appellant) (""यथ"/Respondent)

iii. Initiated for concealment of total income has been met. Section 271(1B) clarifies if due recording of reason for initiation of penalty proceeding is mentioned in the body of the Assessment order, and then it would constitute recording of satisfaction under section 271(1) of the Act. B. When the initiation of penalty proceeding considered does communicated

MANGAL & MANGAL,TRICHY vs. ACIT, TRICHY

In the result, appeal filed by the assessee is allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 2207/Chny/2019 िनधा"रण वष" / Assessment Year: 2013-14

14. In construing Section 271AAA one must not lose sight of its essential purpose which resulted in its enactment. There is a penalty at the rate of 10% of the undisclosed amount declared, if the conditions in Section 271AAA (2) are not met with. This is quite different from :-19-: ITA. No: 2207/Chny/2019 the penal provision under Section 271

PVP VENTURES LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 5(2), CHENNAI

The appeal stands partly allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

iii) Reduction in Capital WIP for Rs.228.18 Lacs; (iv) Short-Term Capital Gains on land for Rs.3107.20 Lacs. 3.2 Subsequent to framing of assessment, penalty proceedings were initiated against the issue and initial show cause notice u/s 274 r.w.s. 271(1)(c) was issued on 31.12.2010 which read as under: - Whereas in the course of proceedings before

M/S. ANISH KUMAR EDUCATION TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

M/S. ARCHANA FEMALE CHILD TRUST,CHENNAI vs. ITO, NCW - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

ANISH KUMAR WIFE TRUST,CHENNAI vs. ITO, NCW - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

M/S. ANISHKUMAR MALE CHILD TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

ANISH KUMAR WIFE TRUST,CHENNAI vs. ITO, NCW - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

ANISH KUMAR MARRIAGE TRUST,,CHENNAI vs. ITO, NCC - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

M/S. ANISH KUMAR EDUCATION TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

M/S. ANISHKUMAR MALE CHILD TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

M/S. ANISH KUMAR FEMALE CHILD TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue

M/S. ANISH KUMAR FEMALE CHILD TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

14 I.T.A. No.2849, 3247 to 3259/CHNY/2019 C.I.T.(A) to admit the appeal filed under the omnibus clause in Section 1 and pass orders on the merits of the appeal.” 9.1 However the arguments and the case laws cited / discussed aforesaid are clearly distinguishable from the facts / bone of contention in this case in so far as the issue