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 270A of the Act are hereby\ntreated as allowed and the AO is hereby directed to delete the\npenalty levied u/s.270A of the Act amounting Rs.62,74,154/-,\nRs.92,46,838/-, Rs.1,09,97,688/- & Rs.1,46,69,968/- for the AY(s)\n2017-18, 2018-19, 2019-20 & 2020-21.”\n48.\nAggrieved of the above order

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

u/s 270A of the Act are hereby\ntreated as allowed and the AO is hereby directed to delete the\npenalty levied u/s.270A of the Act amounting Rs.62,74,154/-,\nRs.92,46,838/-, Rs.1,09,97,688/- & Rs.1,46,69,968/- for the AY(s)\n2017-18, 2018-19, 2019-20 & 2020-21.”\n48.\nAggrieved of the above order

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 270A of the Act are hereby\ntreated as allowed and the AO is hereby directed to delete the\npenalty levied u/s.270A of the Act amounting Rs.62,74,154/-,\nRs.92,46,838/-, Rs.1,09,97,688/- & Rs.1,46,69,968/- for the AY(s)\n2017-18, 2018-19, 2019-20 & 2020-21.”\n48. Aggrieved of the above order

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

u/s 270A of the Act are hereby\ntreated as allowed and the AO is hereby directed to delete the\npenalty levied u/s.270A of the Act amounting Rs.62,74,154/-\nRs.92,46,838/-, Rs.1,09,97,688/- & Rs.1,46,69,968/- for the AY(s)\n2017-18, 2018-19, 2019-20 & 2020-21.”\n48.\nAggrieved of the above order

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

270A(9) is quashed. Ground of appeal #4: PENALTY LEVIABLE UNDER SECTION 271AAB IS OPTIONAL AND NOT MANDATORY The Ld. AO erred in levying penalty u/s 271AAB of the Act vide order dated 30- 03-2022 without considering the appellants submission that the levy of penalty under Section 271AAB of the Act is discretionary and not mandatory in nature

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

270A(9) is quashed. Ground of appeal #4: PENALTY LEVIABLE UNDER SECTION 271AAB IS OPTIONAL AND NOT MANDATORY The Ld. AO erred in levying penalty u/s 271AAB of the Act vide order dated 30- 03-2022 without considering the appellants submission that the levy of penalty under Section 271AAB of the Act is discretionary and not mandatory in nature

M/S ENRIA 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

section 270A (6) do not apply. Hence, it is reasonable to conclude that having given a finding that facts of case attract 270A (9), the AO was under no obligation to verify whether facts of case attract 270A (6) or not as it is already held that it is not case of pure under-reporting. 7.4.4 While disposing appeal

M/S ENRICE 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

section 270A (6) do not apply. Hence, it is reasonable to conclude that having given a finding that facts of case attract 270A (9), the AO was under no obligation to verify whether facts of case attract 270A (6) or not as it is already held that it is not case of pure under-reporting. 7.4.4 While disposing appeal

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

270A(9) is quashed.\nGround of appeal #4: PENALTY LEVIABLE UNDER SECTION 271AAB IS\nOPTIONAL AND NOT MANDATORY\nThe Ld. AO erred in levying penalty u/s 271AAB of the Act vide order dated 30-\n03-2022 without considering the appellants submission that the levy of penalty\nunder Section 271AAB of the Act is discretionary and not mandatory in nature

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

270A(9) is quashed.\nGround of appeal #4: PENALTY LEVIABLE UNDER SECTION 271AAB IS\nOPTIONAL AND NOT MANDATORY\nThe Ld. AO erred in levying penalty u/s 271AAB of the Act vide order dated 30-\n03-2022 without considering the appellants submission that the levy of penalty\nunder Section 271AAB of the Act is discretionary and not mandatory in nature

PRAKASHCHAND JAIN,CHENNAI vs. DCIT, CC2(3), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Jagadishआयकर अपील सं./Ita No.68/Chny/2024 िनधा रण वष /Assessment Year: 2017-18 Prakashchand Jain, The Dy. Commissioner Of V. 39 & 40 Bakers Street, Income Tax, Choolai, Chennai – 600 112. Central Circle-2(3), Chennai. [Pan: Ahhpp 1690D] (अपीलाथ$/Appellant) (%&थ$/Respondent) अपीलाथ$कीओरसे/ Appellant By : Mr. N. Arjun Raj, Advocate %&थ$कीओरसे /Respondent By Shri R. Clement Ramesh : Kumar, Cit सुनवाईकीतारीख/Date Of Hearing : 10.12.2024 घोषणाकीतारीख /Date Of Pronouncement 07.03.2025 :

section 2 to 6 of Sec.270A of the Act. In the present case, these provisions are not relevant, because, the AO In the present case, these provisions are not relevant, because, the AO In the present case, these provisions are not relevant, because, the AO has not invoked under reporting of income. The second limb or charge

DCIT, CHENNAI vs. JAGATHRAKSKAN SRINISHA, CHENNAI

6) or sub-section (7), where under-reported\nincome is in consequence of any misreporting thereof by any person, the penalty\nreferred to in sub-section (1) shall be equal to two hundred percent of the amount of\ntax payable on under-reported income.\"\n7. For these grounds and any other ground including amendment of grounds that may\nbe raised

ARUSUVAI FOOD PROCESSORS PVT. LTD.,SALEM vs. DCIT, CIRCLE-1(1), SALEM

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

section 2 to 6 of Sec.270A of the Act. In the present case, these provisions are not relevant, because, the AO has not invoked under reporting of income. The second limb or charge is ‘under reporting of income as consequence of misreporting of income’ thereof and in the present case, the AO invoked second limb of provisions of Sec.270A

MELAKANDY PUTHALATH FAROOK,CHENNAI vs. ACIT, CORPORATE CIRCLE-2(1), CHENNAI

The appeal stands partly allowed in terms of our above order

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1890/Chny/2024 (िनधा*रणवष* / Assessment Year: 2017-18) Shri Melekandy Puthalath Farook Acit बनाम/ Faraz No.9 Sbi Colony, Corporate Circle-2(1) Vs. Sastri Nagar, Adyar, Chennai-600 020. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaapf-2644-P (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri D. Anand (Advocate) - Ld. Ar " थ"कीओरसे/Respondent By : Ms. R. Anita (Addl.Cit) -Ld. Sr. Dr

u/s 270A(9)(a). Finally, Ld. AO imposed penalty of Rs.54.10 Lacs. 6. During appellate proceedings, the assessee, inter-alia, submitted that penalty was not mandatory. The two charges viz. under reporting of income and misreporting of income are two different charges. Both expressions could not be used interchangeably. The Ld. AO should arrive at clear charge before levy

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

6) or sub-section (7), where under-reported\nincome is in consequence of any misreporting thereof by any person, the penalty\nreferred to in sub-section (1) shall be equal to two hundred percent of the amount of\ntax payable on under-reported income.\"\n7. For these grounds and any other ground including amendment of grounds that may\nbe raised

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

6) or sub-section (7), where under-reported\nincome is in consequence of any misreporting thereof by any person, the penalty\nreferred to in sub-section (1) shall be equal to two hundred percent of the amount of\ntax payable on under-reported income.\"\n7. For these grounds and any other ground including amendment of grounds that may\nbe raised

KAG INDIA PRIVATE LIMITED,CHENNAI vs. PCIT CENTRAL CIRCLE -2, CHENNAI

In the result the appeal of the assessee is allowed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1366/Chny/2024 िनधा"रणवष" / Assessment Year: 2020-21 The Pcit (Central), M/S. Kag India Pvt Ltd., V. Chennai -2. No. 264/15-1, Sathiyanathan Complex, Velachery Road, East Tambaram, Chennai – 600 059. [Pan: Aadck-5381-Q] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. Y. Sridhar, Fca ""यथ"क"ओरसे/Respondent By : Shri. Nilay Baran Som, Cit सुनवाई क" तार"ख/Date Of Hearing : 21.11.2024 घोषणा क" तार"ख/Date Of Pronouncement : 11.12.2024 आदेश /O R D E R

271(1) read with Section 263 of the Act, the Principal Commissioner might pass such order as the circumstances of the case might justify, which could include an order enhancing or modifying the assessment or cancelling the assessment or directing a fresh assessment. Directing fresh assessment would, in our view, include assessment of penalty. It cannot, therefore, be said that

FUTURE GAMING AND HOTEL SERVICES P LTD,COIMBATORE vs. ACIT, CENTRAL CIRCLE-2, COIMBATORE

The appeal stand allowed in terms of our above order

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.950/Chny/2024 (िनधा*रणवष* / Assessment Year: 2019-20) M/S. Future Gaming & Hotel Acit बनाम/ Services Private Limited Central Circle-2, 54, Mettupalayam Road, Coimbatore. Vs. Gn Mills Post, Coimbatore-641 029. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aabcm-9751-G (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : S/Shri S. Sridhar & N. Arjun Raj (Advocate) - Ld. Ars " थ"कीओरसे/Respondent By : Shri R. Clement Ramesh Kumar (Cit) -Ld. Cit-Dr A/W Ms. Anitha (Addl. Cit) – Ld. Sr. Dr सुनवाई की तारीख/Date Of Hearing : 10-01-2025 घोषणा की तारीख /Date Of Pronouncement : 03-02-2025 आदेश / O R D E R

6. Our view duly find support from the decision of Chennai Tribunal in the case of ACIT vs. Shri Ghisulal Kothari (ITA No.2534/Chny/2018 dated 13-07-2022). On identical facts, considering various other decisions of Tribunal, the bench held as under: - 10. At this juncture, it would be useful to take note of statutory provisions of Sec.271AAB