SUPPAHIRE EDUCATIONAL AND CHARITABLE TRUST,THANJAVUR vs. ITO, EXEMPTIONS WARD,, TRICHY

In the result, appeals filed by the assessee are allowed

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 144B of the Act with reference to making assessment or reassessment of total income or loss of assessee. Therefore, according to Ld AR, since the impugned notice u/s 148 dated 31.03.2022 has been issued by JAO and not by the NFAC, there is per-se contravention of the provisions of the Act, which vitiates the reopening of the assessment

DCIT LTU 1, CHENNAI vs. M/S ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED, CHENNAI

In the result, the appeals of the assesse and Revenue are dealt as under:-

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.86, 87, 88, 89, 90, 91, 92 & 93 /Chny/2018 निर्धारण वर्ा /Assessment Years: 2008-09, 2009-10, 2010-11, 2011-12, 2011-12, 2012-13, 2013-14, 2014-15, M/S.Royal Sundaram General Dy. Commissioner Of Income Tax, Insurance Company Limited, Large Tax Payer Unit, Vishranthi Melaram Towers, Chennai. No.2/319, Rajiv Gandhi Salai(Omr), Karapakkam, Chennai-600 097. [Pan: Aabcr7106G] आयकर अपील सं./Ita Nos.491, 492, 493, 494, 495 & 496 /Chny/2018 निर्धारण वर्ा /Assessment Years: 2008-09, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 Dy. Commissioner Of Income Tax, M/S.Royal Sundaram General Large Tax Payer Unit, Insurance Company Limited, Chennai. Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai(Omr), Karapakkam, Chennai-600 097. [Pan: Aabcr7106G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Vikaram Vijayaraghavan, Advocate अपीलार्थी की ओर से/ Assessee By प्रत्यर्थी की ओर से /Revenue By : Shri A.Sanjay For Ms V.Pushpa, Sr.Standing Counsel For It Dept. सुनवाई की तारीख/Date Of Hearing : 15.10.2024 घोषणा की तारीख /Date Of Pronouncement : 08.01.2025

section 37(1) of the Act by the learned Commissioner of income-tax (Appeals). 010. 011. Fact shows that the assessee has debited the above sum to the profit and loss account and claimed as allowable. The Assessing Officer questioned the same and assessee submitted that the above claims are incurred on account of the contractual obligations between the insurance

DCIT LTU 1, CHENNAI vs. M/S ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED, CHENNAI

In the result, the appeals of the assesse and Revenue are dealt as under:-

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.86, 87, 88, 89, 90, 91, 92 & 93 /Chny/2018 निर्धारण वर्ा /Assessment Years: 2008-09, 2009-10, 2010-11, 2011-12, 2011-12, 2012-13, 2013-14, 2014-15, M/S.Royal Sundaram General Dy. Commissioner Of Income Tax, Insurance Company Limited, Large Tax Payer Unit, Vishranthi Melaram Towers, Chennai. No.2/319, Rajiv Gandhi Salai(Omr), Karapakkam, Chennai-600 097. [Pan: Aabcr7106G] आयकर अपील सं./Ita Nos.491, 492, 493, 494, 495 & 496 /Chny/2018 निर्धारण वर्ा /Assessment Years: 2008-09, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 Dy. Commissioner Of Income Tax, M/S.Royal Sundaram General Large Tax Payer Unit, Insurance Company Limited, Chennai. Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai(Omr), Karapakkam, Chennai-600 097. [Pan: Aabcr7106G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Vikaram Vijayaraghavan, Advocate अपीलार्थी की ओर से/ Assessee By प्रत्यर्थी की ओर से /Revenue By : Shri A.Sanjay For Ms V.Pushpa, Sr.Standing Counsel For It Dept. सुनवाई की तारीख/Date Of Hearing : 15.10.2024 घोषणा की तारीख /Date Of Pronouncement : 08.01.2025

section 37(1) of the Act by the learned Commissioner of income-tax (Appeals). 010. 011. Fact shows that the assessee has debited the above sum to the profit and loss account and claimed as allowable. The Assessing Officer questioned the same and assessee submitted that the above claims are incurred on account of the contractual obligations between the insurance

ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD,CHENNAI vs. DCIT, LTU, CHENNAI

In the result, the appeals of the assesse and Revenue are dealt as under:-

Bench: Shri Aby T Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.86, 87, 88, 89, 90, 91, 92 & 93 /Chny/2018 निर्धारण वर्ा /Assessment Years: 2008-09, 2009-10, 2010-11, 2011-12, 2011-12, 2012-13, 2013-14, 2014-15, M/S.Royal Sundaram General Dy. Commissioner Of Income Tax, Insurance Company Limited, Large Tax Payer Unit, Vishranthi Melaram Towers, Chennai. No.2/319, Rajiv Gandhi Salai(Omr), Karapakkam, Chennai-600 097. [Pan: Aabcr7106G] आयकर अपील सं./Ita Nos.491, 492, 493, 494, 495 & 496 /Chny/2018 निर्धारण वर्ा /Assessment Years: 2008-09, 2010-11, 2011-12, 2012-13, 2013-14, 2014-15 Dy. Commissioner Of Income Tax, M/S.Royal Sundaram General Large Tax Payer Unit, Insurance Company Limited, Chennai. Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai(Omr), Karapakkam, Chennai-600 097. [Pan: Aabcr7106G] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : Shri Vikaram Vijayaraghavan, Advocate अपीलार्थी की ओर से/ Assessee By प्रत्यर्थी की ओर से /Revenue By : Shri A.Sanjay For Ms V.Pushpa, Sr.Standing Counsel For It Dept. सुनवाई की तारीख/Date Of Hearing : 15.10.2024 घोषणा की तारीख /Date Of Pronouncement : 08.01.2025

section 37(1) of the Act by the learned Commissioner of income-tax (Appeals). 010. 011. Fact shows that the assessee has debited the above sum to the profit and loss account and claimed as allowable. The Assessing Officer questioned the same and assessee submitted that the above claims are incurred on account of the contractual obligations between the insurance

ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD,CHENNAI vs. DCIT, LTU, CHENNAI

section 36(1) of the Act. The basis of the\nPage - 42 - of 70\nITA No.86 & 13 others /Chny/2018\n:- 43 -:\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company

ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD,CHENNAI vs. DCIT, LTU, CHENNAI

section 36(1) of the Act. The basis of the\n:- 43 -:\nITA No.86 & 13 others /Chny/2018\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company and therefore, such\nclaims

ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD,CHENNAI vs. DCIT, LTU, CHENNAI

section 36(1) of the Act. The basis of the\nPage - 42 - of 70\n:- 42 -:\nITA No.86 & 13 others /Chny/2018\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company

DCIT LTU 1, CHENNAI vs. M/S ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED, CHENNAI

section 36(1) of the Act. The basis of the\nPage - 42 - of 70\n:- 43 -:\nITA No.86 & 13 others /Chny/2018\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company

ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD,CHENNAI vs. DCIT, LTU, CHENNAI

section 36(1) of the Act. The basis of the\nPage - 42 - of 70\n:- 43 -:\nITA No.86 & 13 others /Chny/2018\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company

DCIT LTU 1, CHENNAI vs. M/S ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED, CHENNAI

section 36(1) of the Act. The basis of the\nPage - 42 - of 70\n:- 43 -:\nITA No.86 & 13 others /Chny/2018\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company

DCIT LTU 1, CHENNAI vs. M/S ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED, CHENNAI

section 36(1) of the Act. The basis of the\nPage - 42 - of 70\n:- 43 -:\nITA No.86 & 13 others /Chny/2018\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company

DCIT LTU 1, CHENNAI vs. M/S ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED, CHENNAI

section 36(1) of the Act. The basis of the\nPage - 42 - of 70\n:- 43 -:\nITA No.86 & 13 others /Chny/2018\nclaim was that the provision has been made for all the unsettled claims on the\nbasis of the claims alleged by insured persons. Certain times the loss incurred are\nnot reported in the balance sheet of the insurance company

M/S. A V M CHARITIES,CHENNAI vs. ITO, EXEMPTIONS WARD-1, CHENNAI, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

164(2) of the Act. 11. For that the Learned Commissioner of Income Tax (Appeals) erred in confirming the action of Assessing Officer for invoking the provisions of section 13(1)(c) of the Act with respect to the renting of immovable property to M/s.Cine Film Distributors without appreciating the fact that construction costs were incurred by M/s.Cine Film Distributors

M/S AVM CHARITIES,CHENNAI vs. ITO, EXEMPTIONS WARD-1, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

164(2) of the Act. 11. For that the Learned Commissioner of Income Tax (Appeals) erred in confirming the action of Assessing Officer for invoking the provisions of section 13(1)(c) of the Act with respect to the renting of immovable property to M/s.Cine Film Distributors without appreciating the fact that construction costs were incurred by M/s.Cine Film Distributors

AVM CHARITIES,CHENNAI vs. ITO, EXEMPTION WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

164(2) of the Act. 11. For that the Learned Commissioner of Income Tax (Appeals) erred in confirming the action of Assessing Officer for invoking the provisions of section 13(1)(c) of the Act with respect to the renting of immovable property to M/s.Cine Film Distributors without appreciating the fact that construction costs were incurred by M/s.Cine Film Distributors

M/S AVM CHARITIES,CHENNAI vs. ITO,EXEMPTION WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

164(2) of the Act. 11. For that the Learned Commissioner of Income Tax (Appeals) erred in confirming the action of Assessing Officer for invoking the provisions of section 13(1)(c) of the Act with respect to the renting of immovable property to M/s.Cine Film Distributors without appreciating the fact that construction costs were incurred by M/s.Cine Film Distributors

M/S AVM CHARITIES ,CHENNAI vs. ITO,EXEMPTIONS WARD-1, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

164(2) of the Act. 11. For that the Learned Commissioner of Income Tax (Appeals) erred in confirming the action of Assessing Officer for invoking the provisions of section 13(1)(c) of the Act with respect to the renting of immovable property to M/s.Cine Film Distributors without appreciating the fact that construction costs were incurred by M/s.Cine Film Distributors

AVM CHARITIES,CHENNAI vs. ITO, EXEMPTIONS WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

164(2) of the Act. 11. For that the Learned Commissioner of Income Tax (Appeals) erred in confirming the action of Assessing Officer for invoking the provisions of section 13(1)(c) of the Act with respect to the renting of immovable property to M/s.Cine Film Distributors without appreciating the fact that construction costs were incurred by M/s.Cine Film Distributors

M/S AVM CHARITIES,CHENNAI vs. ITO, EXEMPTION WARD, CHENNAI

In the result, appeals filed by the assessee for AYs 2012-13 to 2014-15 are allowed and appeals filed by the assessee for AYs 2015-16 to 2018-19 are partly allowed

Bench: Shri V. Durga Rao, Hon’Ble & Shri Manjunatha. G, Hon’Ble

164(2) of the Act. 11. For that the Learned Commissioner of Income Tax (Appeals) erred in confirming the action of Assessing Officer for invoking the provisions of section 13(1)(c) of the Act with respect to the renting of immovable property to M/s.Cine Film Distributors without appreciating the fact that construction costs were incurred by M/s.Cine Film Distributors