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, 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, 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

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

DCIT, CHENNAI vs. JAGATHRAKSKAN SRINISHA, CHENNAI

271(1)(c) that ceased to be applicable from AY 2017-\n18 (being the subject AY) onwards, thus making it void-ab-initio. Thereafter,\nthe Penalty Order in dispute too had been passed u/s 270A of the Act on\n26.09.2019.\n6. Accordingly, levy of Penalty u/s 270A of the Act is in violation of provisions of\nSection 271AAC

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

271(1)(c) that ceased to be applicable from AY 2017-\n18 (being the subject AY) onwards, thus making it void-ab-initio. Thereafter,\nthe Penalty Order in dispute too had been passed u/s 270A of the Act on\n26.09.2019.\n6. Accordingly, levy of Penalty u/s 270A of the Act is in violation of provisions of\nSection 271AAC

DCIT, CHENNAI vs. JAGATHRAKSHAKAN SRINISHA, CHENNAI

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

271(1)(c) that ceased to be applicable from AY 2017-\n18 (being the subject AY) onwards, thus making it void-ab-initio. Thereafter,\nthe Penalty Order in dispute too had been passed u/s 270A of the Act on\n26.09.2019.\n6. Accordingly, levy of Penalty u/s 270A of the Act is in violation of provisions of\nSection 271AAC

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)

unexplained investment u/s.69 of the Act; and the Ld.CIT(A) confirmed penalty on the addition made by the AO regarding Rs.40 lakhs which was shown as remuneration from direction of Hindi version of Kushi and the Ld.CIT(A) also confirmed the penalty on addition of Rs.35 lakhs (income treated as advance) and confirmed the penalty imposed on the additional remuneration

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)

unexplained investment u/s.69 of the Act; and the Ld.CIT(A) confirmed penalty on the addition made by the AO regarding Rs.40 lakhs which was shown as remuneration from direction of Hindi version of Kushi and the Ld.CIT(A) also confirmed the penalty on addition of Rs.35 lakhs (income treated as advance) and confirmed the penalty imposed on the additional remuneration

SHRI V. NATARAJAN (INDIVIDUAL),RASIPURAM vs. ACIT, CENTRAL CIRCLE,, SALEM

In the result, both the appeals of assessee in ITA No

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita Nos.1535 & 1801/Chny/2024 ननिाारण वर्ा/Assessment Years: 2016-17 & 2015-16 V. Varadappan Natarajan/ The Acit, V. Natarajan (Individual), Central Circle, No.64-C, Rotary Nagar, Salem. Rasipuram Tamil Nadu-637 408. [Pan: Acgpn1477Q] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.T.S. Lakshmi Venkataraman, Fca (Virtual) प्रत्यर्थी की ओर से /Respondent By : Mr.Shiva Srinivas, Cit सुनवाईकीतारीख/Date Of Hearing : 09.10.2025 घोर्णाकीतारीख /Date Of Pronouncement : 31.10.2025

unexplained cash credit u/s 68. Once the amount is held taxable u/s 68, no fault can be found with AO in applying tax rate as per provisions of section 115BBE of IT Act as it is inserted vide Finance Act, 2012 and applicable in case of income added u/s 68 Consequently, Ground of appeal relating to the issue is Dismissed

VARADAPPAN NATARAJAN,RASIPURAM vs. ACIT, CENTRAL CIRCLE,, SALEM

In the result, both the appeals of assessee in ITA No

Bench: Shri Manu Kumar Giri & Shri Jagadishआयकर अपील सं./Ita Nos.1535 & 1801/Chny/2024 ननिाारण वर्ा/Assessment Years: 2016-17 & 2015-16 V. Varadappan Natarajan/ The Acit, V. Natarajan (Individual), Central Circle, No.64-C, Rotary Nagar, Salem. Rasipuram Tamil Nadu-637 408. [Pan: Acgpn1477Q] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.T.S. Lakshmi Venkataraman, Fca (Virtual) प्रत्यर्थी की ओर से /Respondent By : Mr.Shiva Srinivas, Cit सुनवाईकीतारीख/Date Of Hearing : 09.10.2025 घोर्णाकीतारीख /Date Of Pronouncement : 31.10.2025

unexplained cash credit u/s 68. Once the amount is held taxable u/s 68, no fault can be found with AO in applying tax rate as per provisions of section 115BBE of IT Act as it is inserted vide Finance Act, 2012 and applicable in case of income added u/s 68 Consequently, Ground of appeal relating to the issue is Dismissed

SARANGABANI KIRUBAGARAN,CHENNAI vs. DCIT, CIRCLE-1(2), CHENNAI

The appeal stand allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1236/Chny/2023 (िनधा)रण वष) / Assessment Year: 2013-14) Shri Sarangabani Kirubakaran Dcit बनाम/ 17/6, First Pillayar Koil Street, Circle-1(2) Vs. Ekkatuthangal, Chennai-600 032. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bumpk-0892-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms.T.V. Muthu Abirami (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 25-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 04-09-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2013-14 Arises Out Of The Common Order Of Learned Commissioner Of Income Tax (Appeals)-18, Chennai, [Cit(A)] Dated 13-09-2023 In The Matter Of An Assessment Framed By The Ld. Ao U/S.153C R.W.S. 153A R.W.S. 143(3) Of The Act On 31-03-2022. The Only Grievance Of The Assessee Is Confirmation Of Addition U/S 69 For Rs.30 Lacs & Assessment Of Short- Term Capital Gain (Stcg) For Rs.12.19 Lacs. 2. The Ld Ar Advanced Arguments & Submitted That Impugned Addition Of Rs.30 Lacs U/S 69 Represent Advance Received Through

unexplained investment u/s 69 of assessee and added to total income of the assessee. Penalty proceedings u/s 271(1)(c) is initiated

SARANGABANI KIRUBAGARAN,CHENNAI vs. DCIT, CIRCLE-1(2), CHENNAI

The appeal stand allowed in terms of our above order

Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

unexplained investment u/s 69 in the books of the assessee added to the total income of the assessee. Penalty proceedings u/s 271

R.V.RAAJAH,CHENNAI vs. CIT(APPEALS)-18, CHENNAI

The appeal stand allowed in terms of our above order

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.115/Chny/2021 (िनधा"रण वष" / Assessment Year: 2012-13) Shri R.V.Raajah Acit बनाम/ #97/2A, Harini Avenue, Central Circle-3(2) Velachery Main Road, Chennai. Vs. Guindy, Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adnpr-4751-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Subramanian (Ca) - Ld. Ar ""थ"कीओरसे/Respondent By : Ms.R. Anita (Addl.Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 29-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 18-11-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

unexplained investments. Consequently, penalty notice u/s 271(1)(c) was issued to the assessee on 29-11-2019 on the ground

SHALINI SANJEEVI,CHENNAI vs. ACIT, NCC-7(1), CHENNAI

In the result, both the appeals filed by the assessee are allowed

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble S.R. Raghunathaआयकर अपील सं./ Ita Nos.768 & 769/Chny/2025 िनधा=रण वष= /Assessment Years: 2016-17

unexplained investment. During the assessment proceeding notices u/s 142(1) of the Act were issued three times upon the assessee which were not complied. Therefore, AO imposed penalty u/s 271

SHALINI SANJEEVI,CHENNAI vs. ACIT, NCC-7(1), CHENNAI

In the result, both the appeals filed by the assessee are allowed

Bench: Hon’Ble Shri Manu Kumar Giri & Shri Hon’Ble S.R. Raghunathaआयकर अपील सं./ Ita Nos.768 & 769/Chny/2025 िनधा=रण वष= /Assessment Years: 2016-17

unexplained investment. During the assessment proceeding notices u/s 142(1) of the Act were issued three times upon the assessee which were not complied. Therefore, AO imposed penalty u/s 271

M.ARUN,CHENNAI vs. DCIT,CC-2(4), CHENNAI

In the result, the appeal of the assessee is allowed in terms of our above order

Bench: Shri Manoj Kumar Aggarwal & Shri Manomohan Dasआयकर अपील सं./Ita No.573/Chny/2021 िनधा)रण वष) /Assessment Year: 2008-09

unexplained investment was made to the income of the assessee. Consequently, Ld. AO levied impugned penalty on the assessee which was confirmed by Ld. CIT(A). 2. During appellate proceedings, the assessee contested the impugned penalty on merits as well as on legal grounds. It was submitted that assessment and penalty proceedings were different and penalty is not exigible merely

SARANGABANI KIRUBAKARAN,CHENNAI vs. DCIT, CIRCLE-1(2), CHENNAI

Penalty proceedings u/s_271(1)© is initiated\nseparately.\nThe Ld. CIT(A) has confirmed the same.\n4.\nQuite clearly, Ld. AO has made addition of credit receipt in bank\naccount of the assessee on the ground that the assessee failed to\nadduce supporting documents. The amount thus received by the\nassessee has been treated as unexplained investment u/s