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

u/s 153A (notice served n 17-072013) on 27.07.2013 admitting a total income of Rs.35,02,01,900. The AO vide order dated :-18-: ITA. No: 2207/Chny/2019 28.09.2017 levied penalties on additions Sustained by CIT(A) on undisclosed income on account of excess stock of jewellery and undisclosed profit on account of undervaluation of stock of Rs.2,43.11,800 being

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

undisclosed income for A.Y. 2020-21. • The 60% penalty is justified, and the assessee's challenge appears to be an attempt to avoid liability despite evident tax evasion. g. Judicial Precedents Upholding Revenue's Position • In Mak Data P. Ltd. v. CIT [2013] 358 ITR 593 (SC), the Supreme Court upheld penalties despite procedural irregularities, as the assessee was aware

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

undisclosed income for A.Y. 2020-21. • The 60% penalty is justified, and the assessee's challenge appears to be an attempt to avoid liability despite evident tax evasion. g. Judicial Precedents Upholding Revenue's Position • In Mak Data P. Ltd. v. CIT [2013] 358 ITR 593 (SC), the Supreme Court upheld penalties despite procedural irregularities, as the assessee was aware

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

u/s 271AAB is leviable only on undisclosed income and not merely on an admission made by the assessee u/s.132 (4). The assessing officer has miserably failed to quantify the undisclosed income. :: 3 :: 9. The learned CIT(A) ought to have seen that the AO while levying penalty under section 271

SHRI S MANOHARAN ,COIMBATORE vs. DCIT , CENTRAL CIRCLE - 2 , COIMBATORE

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

u/s 271(l)(c) for concealment of income was deleted by Hon'ble Courts and Tribunals where addition was made on estimation on total turnover or gross profit of the business. In the appellant's case the addition was made under the head "income form, house property" on the basis of extracts of the cash books which were seized during

SHRI S MANOHARAN ,COIMBATORE vs. DCIT , CENTRAL CIRCLE - 2 , COIMBATORE

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

u/s 271(l)(c) for concealment of income was deleted by Hon'ble Courts and Tribunals where addition was made on estimation on total turnover or gross profit of the business. In the appellant's case the addition was made under the head "income form, house property" on the basis of extracts of the cash books which were seized during

SHRI S MANOHARAN ,COIMBATORE vs. DCIT , CENTRAL CIRCLE - 2 , COIMBATORE

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

u/s 271(l)(c) for concealment of income was deleted by Hon'ble Courts and Tribunals where addition was made on estimation on total turnover or gross profit of the business. In the appellant's case the addition was made under the head "income form, house property" on the basis of extracts of the cash books which were seized during

SHRI S MANOHARAN ,COIMBATORE vs. DCIT , CENTRAL CIRCLE - 2 , COIMBATORE

In the result, appeals filed by the assessee in ITA Nos

Bench: Shri V. Durga Rao, Hon’Ble & Shrimanjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.616 To 619/Chny/2022 िनधा"रण वष"/Assessment Years: 2017-18 To 2020-21 Mr.S.Manoharan, V. The Dy. Commissioner- G-3, Saratha Krupa Appt., Of Income Tax, No.55 (Old 47), Naidu Road, Central Circle-2, Sivananda Colony, Coimbatore. Coimbatore-641 012. [Pan:Aedpm 7539 R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Mr.N. Arjunraj, Ca For Mr.S.Sridhar, Adv. ""यथ" क" ओर से /Respondent By : Mr.S.Senthil Kumaran, Cit : सुनवाईक"तारीख/Date Of Hearing 22.02.2023 : घोषणाक"तारीख /Date Of Pronouncement 28.02.2023

u/s 271(l)(c) for concealment of income was deleted by Hon'ble Courts and Tribunals where addition was made on estimation on total turnover or gross profit of the business. In the appellant's case the addition was made under the head "income form, house property" on the basis of extracts of the cash books which were seized during

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

undisclosed income for A.Υ. 2020-21.\n•\nThe 60% penalty is justified, and the assessee's challenge appears to\nbe an attempt to avoid liability despite evident tax evasion.\ng. Judicial Precedents Upholding Revenue's Position\n•\nIn Mak Data P. Ltd. v. CIT [2013] 358 ITR 593 (SC), the Supreme\nCourt upheld penalties despite procedural irregularities

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

undisclosed income for A.Y. 2020-21.\n• The 60% penalty is justified, and the assessee's challenge appears to\nbe an attempt to avoid liability despite evident tax evasion.\ng. Judicial Precedents Upholding Revenue's Position\n• In Mak Data P. Ltd. v. CIT [2013] 358 ITR 593 (SC), the Supreme\nCourt upheld penalties despite procedural irregularities, as the\nassessee

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

u/s 271 (1) (c) will be\ninitiated separately for concealment of particulars of income." definitely\ncannot be the basis for arriving a conclusion to levy the penalty. Before\nlevying the penalty the A.O. must establish in unequivocal term about the\nexistence of concealment and make a speaking order.\n6.2.9 Further during the course of appellate proceedings, the AR has\nclearly

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) will be\ninitiated separately for concealment of particulars of income." definitely\ncannot be the basis for arriving a conclusion to levy the penalty. Before\nlevying the penalty the A.O. must establish in unequivocal term about the\nexistence of concealment and make a speaking order.\n6.2.9 Further during the course of appellate proceedings, the AR has\nclearly

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) will be\ninitiated separately for concealment of particulars of income." definitely\ncannot be the basis for arriving a conclusion to levy the penalty. Before\nlevying the penalty the A.O. must establish in unequivocal term about the\nexistence of concealment and make a speaking order.\n6.2.9 Further during the course of appellate proceedings, the AR has\nclearly

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) will be\ninitiated separately for concealment of particulars of income." definitely\ncannot be the basis for arriving a conclusion to levy the penalty. Before\nlevying the penalty the A.O. must establish in unequivocal term about the\nexistence of concealment and make a speaking order.\n6.2.9 Further during the course of appellate proceedings, the AR has\nclearly

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

u/s 271 (1) (c) will be\ninitiated separately for concealment of particulars of income." definitely\ncannot be the basis for arriving a conclusion to levy the penalty. Before\nlevying the penalty the A.O. must establish in unequivocal term about the\nexistence of concealment and make a speaking order.\n6.2.9 Further during the course of appellate proceedings, the AR has\nclearly

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

u/s 271 (1) (c) will be\ninitiated separately for concealment of particulars of income." definitely\ncannot be the basis for arriving a conclusion to levy the penalty. Before\nlevying the penalty the A.O. must establish in unequivocal term about the\nexistence of concealment and make a speaking order.\n6.2.9 Further during the course of appellate proceedings, the AR has\nclearly

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