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)

41, 42 & 43/Chny/2023 (in I.T.A. Nos.785 to 788/Chny/2023) The Deputy Commissioner of Vs. Shri Subramaniam Thanu, Income Tax, Central Circle 2(2), No. 5, First Street, Karpagam Avenue, Investigation Building, R.A. Puram, Chennai 600 028. Chennai -600 034. [PAN: AABPD8561A] (अपीलाथ" /Appellant) (Respondent/Cross Objector) Department by : Shri A. Sasi Kumar, CIT Assessee by Shri T. Banusekar, Advocate : सुनवाई की तारीख

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)

41, 42 & 43/Chny/2023 (in I.T.A. Nos.785 to 788/Chny/2023) The Deputy Commissioner of Vs. Shri Subramaniam Thanu, Income Tax, Central Circle 2(2), No. 5, First Street, Karpagam Avenue, Investigation Building, R.A. Puram, Chennai 600 028. Chennai -600 034. [PAN: AABPD8561A] (अपीलाथ" /Appellant) (Respondent/Cross Objector) Department by : Shri A. Sasi Kumar, CIT Assessee by Shri T. Banusekar, Advocate : सुनवाई की तारीख

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)

41, 42 & 43/Chny/2023 (in I.T.A. Nos.785 to 788/Chny/2023) The Deputy Commissioner of Vs. Shri Subramaniam Thanu, Income Tax, Central Circle 2(2), No. 5, First Street, Karpagam Avenue, Investigation Building, R.A. Puram, Chennai 600 028. Chennai -600 034. [PAN: AABPD8561A] (अपीलाथ" /Appellant) (Respondent/Cross Objector) Department by : Shri A. Sasi Kumar, CIT Assessee by Shri T. Banusekar, Advocate : सुनवाई की तारीख

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

4. Conclusion It is humbly submitted that the penalty notice under Section 271AAB is valid. The 60% penalty aligns with Section 271AAB(1A)(b), and the incorrect reference to "271AAB(1)" is a clerical error rectified by Section 2928. The assessee suffered no prejudice, and the notice's intent is clear from the penalty rate and search findings

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

4. Conclusion It is humbly submitted that the penalty notice under Section 271AAB is valid. The 60% penalty aligns with Section 271AAB(1A)(b), and the incorrect reference to "271AAB(1)" is a clerical error rectified by Section 2928. The assessee suffered no prejudice, and the notice's intent is clear from the penalty rate and search findings

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

penalty proceedings\nu/s.271AAB(1A) of the Act by issuing show cause notice u/s.274\nr.w.s 271AAB of the Act on 27.03.2022.\n87.\nThe AO show caused the assessee requiring to explain as to\nwhy penalty u/s.271AAB(1A) of the Act should not be levied in\nrespect of the undisclosed income amounting to Rs.4,42,15,889/-\nwhich formed part

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

u/s 274 r.w.s 271 was a vague notice in a printed form without specifying the exact charge 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. The Ld. AO, while initiating the penalty was not clear as to specific limb which was applicable

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

u/s 274 r.w.s 271 was a vague notice in a printed form without specifying the exact charge 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. The Ld. AO, while initiating the penalty was not clear as to specific limb which was applicable

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

penalty proceedings\nu/s.271AAB(1A) of the Act by issuing show cause notice u/s.274\nr.w.s 271AAB of the Act on 27.03.2022.\n87.\nThe AO show caused the assessee requiring to explain as to\nwhy penalty u/s.271AAB(1A) of the Act should not be levied in\nrespect of the undisclosed income amounting to Rs.4,42,15,889/-\nwhich formed part

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

penalty proceedings\nu/s.271AAB(1A) of the Act by issuing show cause notice u/s.274\nr.w.s 271AAB of the Act on 27.03.2022.\n86.\n87. The AO show caused the assessee requiring to explain as to\nwhy penalty u/s.271AAB(1A) of the Act should not be levied in\nrespect of the undisclosed income amounting to Rs.4,42,15,889/-\nwhich formed part

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

penalty proceedings\nu/s.271AAB(1A) of the Act by issuing show cause notice u/s.274\nr.w.s 271AAB of the Act on 27.03.2022.\n87.\nThe AO show caused the assessee requiring to explain as to\nwhy penalty u/s.271AAB(1A) of the Act should not be levied in\nrespect of the undisclosed income amounting to Rs.4,42,15,889/-\nwhich formed part

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

penalty proceedings\nu/s.271AAB(1A) of the Act by issuing show cause notice u/s.274\nr.w.s 271AAB of the Act on 27.03.2022.\n87.\nThe AO show caused the assessee requiring to explain as to\nwhy penalty u/s.271AAB(1A) of the Act should not be levied in\nrespect of the undisclosed income amounting to Rs.4,42,15,889/-\n, which formed part

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

penalty proceedings\nu/s.271AAB(1A) of the Act by issuing show cause notice u/s.274\nr.w.s 271AAB of the Act on 27.03.2022.\n87.\nThe AO show caused the assessee requiring to explain as to\nwhy penalty u/s.271AAB(1A) of the Act should not be levied in\nrespect of the undisclosed income amounting to Rs.4,42,15,889/-\nwhich formed part

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

4 statutory notice under section 271(1)(c), read with section 274 of IT Act True, the assessment proceedings form the basis for the penalty proceedings, but they are not composite proceedings to draw strength from each other. Nor can each cure the other's defect. A penalty proceeding is a corollary; nevertheless, it must stand on its own. These

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

271(1)(c) of\nthe Act, the same principle would equally apply to Section 271AAB of the Act\nFurther, the Ld.DR reliance on the decision of the Hon'ble Bombay High Court\nin the case of CIT Vs Kaushalya (1995) 216 ITR 660 (Bom) do not death with\nthe section 292B of the Act at all.\nFurther, this decision only

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

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

271(1)(c) of the Act & Sec.270A of the Act, and wordings therein both provisions are similar and para materia to each other. Although, the term ‘tax evasion’ has been redefined by way of ‘under reporting of income and under reporting as a consequence of misreporting of income’ but it is synonymous to concealment of particular of income or furnishing

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

271(1)(c) of the Act & Sec.270A of the Act, and wordings therein both provisions are similar and para materia to each other. Although, the term ‘tax evasion’ has been redefined by way of ‘under reporting of income and under reporting as a consequence of misreporting of income’ but it is synonymous to concealment of particular of income or furnishing

DCIT CENTRAL CIRCLE 2(4), CHENNAI, CHENNAI vs. SHRI VAITHILINGAM, CHENNAI

In the result, the appeals of the revenue as well as the cross-objections of the assessee, for all the three years, stands dismissed

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.604/Chny/2023 (िनधा"रण वष" / Assessment Year: 2015-16) & 2. आयकरअपील सं./ Ita No.605/Chny/2023 (िनधा"रण वष" / Assessment Year: 2016-17) & 3. आयकरअपील सं./ Ita No.606/Chny/2023 (िनधा"रण वष" / Assessment Year: 2017-18) Dcit Shri Vaithilingam बनाम Central Circle-2(4) No.3/335, South Street, Chennai. Telungankudikadu, Orathanad, / Vs. Thanjavur-614 625. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aeapv-5323-H (अपीलाथ"/Appellant) : (!"थ" / Respondent) & 4. Cross Objection No.51/Chny/2023 (In Ita No.604/Chny/2023) (िनधा"रण वष" / Assessment Year: 2015-16) & 5. Cross Objection No.52/Chny/2023 (In Ita No.605/Chny/2023) (िनधा"रण वष" / Assessment Year: 2016-17) & 6. Cross Objection No.53/Chny/2023 (In Ita No.606/Chny/2023) (िनधा"रण वष" / Assessment Year: 2017-18)

271(1)(c) of the Act on this issue for concealment of particulars of his income. 4.16 The assessment for AYs 2016-17 as well as for AY 2017-18 has been framed on similar lines. The Ld. AO made addition for alleged payments made by the firm to the assessee in both the years. In addition