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

reassessment cannot be declared as invalid in the penalty proceedings. [Para 63] ITA Nos.1164 & 1165/Chny/2023 :: 31 :: Therefore, it is clear that merely because the assessee agreed for addition and accordingly assessment order was passed on the basis of this addition and when the assessee had paid the tax and the interest thereon in the absence of any material on record

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

reassessment cannot be declared as invalid in the penalty proceedings. [Para 63] ITA Nos.1164 & 1165/Chny/2023 :: 31 :: Therefore, it is clear that merely because the assessee agreed for addition and accordingly assessment order was passed on the basis of this addition and when the assessee had paid the tax and the interest thereon in the absence of any material on record

ASSISTANT COMMISSIONER OF INCOME TAX, NUNGAMBAKKAM vs. R K M POWERGEN PRIVATE LIMITED, T NAGAR

In the result the appeal of the revenue for the both the

reassessment for AY 2010-11 and the assessment for AY 2012- 13 to AY 2014-15 were concluded after the search and the details of receipt of share capital from MJC and Enerk was accepted without any adjustment. The Transfer Pricing order u/s.92CA(3) of the Act for the AY 2013-14 was completed after the conclusion of the search

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, TIRUNELVELI, TIRUNELVELI vs. MS.AARTHI SCANS, KOVILPATTI

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Singhand Shri Jagadish

reassessment on the basis of change of opinion will amount to giving the power of review to the AO which is contrary to the scheme of the IT Act. Accordingly it was decided that AO cannot assume jurisdiction to re-assess on the basis of change of opinion on same set of facts. As there is complete absence

SHRIRAM CAPITAL PRIVATE LIMITED(FORMERLY KNOWN AS SHRIRAM FINANCIAL VENTURES(CHENNAI) PRIVATE LIMITED),CHENNAI vs. DCIT, CORPORATE CIRLCLE-3(1), CHENNAI

In the result, the appeal filed by the assessee is allowed partly

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 813/Chny/2023 िनधा"रण वष" / Assessment Year: 2018-19 Shriram Capital Private Limited Deputy Commissioner Of (Formerly Known As Shriram V. Income Tax, Financial Ventures (Chennai) Corporate Circle 3(1), Private Limited) Chennai. Shriram House No. 4, Burkit Road, T.Nagar, Chennai – 600 017. [Pan: Aapcs-5667-M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. R. Sivaraman, Advocate ""यथ" क" ओर से/Respondent By : Shri. P. Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 10.10.2023 घोषणा क" तारीख/Date Of Pronouncement : 18.10.2023 आदेश /O R D E R

189/-. The :-5-: ITA. No: 813/Chny/2023 appellant carried the matter in appeal before the first appellate authority, but could not succeed. The ld. CIT(A), NFAC, Delhi, for the reasons stated in their appellate order sustained additions made by the Assessing Officer towards disallowance u/s. 14A of the Act, however directed the Assessing Officer to delete additions made towards disallowance

ACIT , CENTRAL CIRCLE - 3 (3), CHENNAI vs. M/S LAND MARVEL HOMES , CHENNAI

In the result, appeal filed by the Revenue is allowed

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1055/Chny/2022 िनधा"रणवष" / Assessment Year: 2012-13 M/S. Land Marvel Homes, The Acit, V. 45-47, Old No. 22-23, Central Circle -3(3), 3Rd Floor, 1St Main Road, Chennai. Gandhi Nagar, Adyar, Chennai – 600 020. [Pan:Aabfl-4387-N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. V. Nandakumar, Cit ""यथ"क"ओरसे/Respondent By : Shri. T. Banusekar, Advocate & Shri. Yeshwanth Kumar, Ca सुनवाई क" तारीख/Date Of Hearing : 06.06.2024 घोषणा क" तारीख/Date Of Pronouncement : 26.07.2024 आदेश /O R D E R

reassessment has to be based on fulfillment of certain pre-conditions and if the concept of change of opinion is removed, as contended on behalf of the Department, then, in the garb of reopening the assessment, review would take place. One must treat the concept of change of opinion as an in-built test to check abuse of power

MEGNANAPURAM PACCS,TIRUCHENDUR vs. PCIT,, MADURAI

3 years from the end of the relevant assessment year.\n23. Thus, the Ld. AR argued that notice u/s.148 of the Act being issued for the\n assessment year 2018-19 on 19.04.2022, the competent authority to grant\nsanction in terms of Section 151 of the Act for the purpose of issuance of such\nnotice u/s.148

INDIA JAPAN LIGHTING PRIVATE LIMITED,CHENNAI vs. PRINCIPAL COMMISSIONER OF INCOME TAX - 4, CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./Ita No.1427/Chny/2025 िनधा"रण वष"/Assessment Year: 2021-22 V. M/S. India Japan Lighting Pvt. Ltd., The Pcit-4, No.1, Tiruvallur High Road, Chennai. Puduchatram B.O., Thirumazhisai, Tiruvallur-600 124. [Pan: Aaaci 2673 L] (अपीलाथ"/Appellant) (""यथ"/Respondent)

189 OFFICE EQUIPMENT 9,87,823 1,84,18,895 1,94,06,718 BUILDINGS 20,42,852 1,45,75,57,569 1,45,96,00,421 FURNITURE & 18,32,580 25,74,509 44,07,089 FITTINGS SOFTWARE 22,000 1,52,29,216 1,52,51,216 PLANT

AMAN GUPTA,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1, LTU CHENNAI, CHENNAI

In the result, the appeal filed by the assessee is partly-allowed

Bench: Shri George George K & Shri Inturi Rama Raoआयकर अपील सं./Ita No.: 2565/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Shri Aman Gupta, The Deputy Commissioner A-1, Vrindavan Enclave, Vs. Of Income Tax, 189, Lloyds Road, Circle 1, Gopalapuram, Ltu, Chennai – 600 086. Chennai. Pan: Adzpa 0417D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri V. Tharish, Ca ""यथ" क" ओर से/Respondent By : Ms. Gouthami Manivasagam, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 03.02.2026 घोषणा क" तारीख/Date Of Pronouncement : 17.02.2026

189, Lloyds Road, Circle 1, Gopalapuram, LTU, Chennai – 600 086. Chennai. PAN: ADZPA 0417D (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant by : Shri V. Tharish, CA ""यथ" क" ओर से/Respondent by : Ms. Gouthami Manivasagam, Addl.CIT सुनवाई क" तारीख/Date of Hearing : 03.02.2026 घोषणा क" तारीख/Date of Pronouncement : 17.02.2026 आदेश/ O R D E R PER GEORGE

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

reassessment or recomputation under Section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return o{his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant

MADURAI POWER CORPORATION PRIVATE LIMITED,CHENNAI vs. PCIT, CORP CIRCLE 4(1), CHENNAI

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

3) on 10.05.2016 computing total income at Rs.10,12,96,106/- which assessment was re-opened, inter-alia, on two issues including the issue which is the bone of contention raised by the Ld.PCIT in the impugned order viz., less depreciation claimed by assessee @15% on Plant & Machinery when assessee could have claimed depreciation on boiler @80% (refer reasons record

M/S MADRAS RACE CLUB,CHENNAI vs. DCIT, CENRAL CIRCLE-1(2), CHENNAI

In the result the appeal of the assessee stands allowed

Bench: Hon’Bleshri Manu Kumar Giriand Hon’Ble Shri S.R. Raghunathaआयकर अपील सं./Ita No.688/Chny/2024 िनधा"रण वष"/Assessment Year:2007-2008 M/S.Madras Race Club, The Deputy Commissioner Of Race Course Road, Vs. Income Tax, Guindy Industrial Estate S.O., Central Circle 1(2) Guindy, Chennai Chennai 600 032. Pan: Aaacm 7640R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nandakumar, Irs, Cit.

189, wherein the Division bench of the Jurisdictional High Court held that in that case the perusal of the reason for reopening would indicate that the AO proceeded solely on the basis of return of income and the enclosures thereto, being financials to initiate proceedings for reassessment. The aforesaid documents, however was part of the record and the basis

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), CHENNAI, CHENNAI vs. RAMANATHAN VISWANATHAN, CHENNAI

In the result, all appeals filed by the assessee are allowed and the appeals of the Revenue are dismissed

Bench: Shri Aby T. Varkey & Shri S.R.Raghunatha

reassessment are to be examined on a 'stand-alone' basis. Neither anything can be added to the reasons so recorded nor anything be deleted from the reasons so recorded. The Hon'ble Bombay High Court in the case of Hindustan Lever Ltd. v. R.B. Wadkar [2004] 137 Taxman 479/268 ITR 332 inter alia, held "it is needless to mention that

DCIT, CIRCLE - 3 (1),, TRICHY vs. M/S. VELMURUGAN HEAVY ENGINEERING INDUSTRIES PVT. LTD.,, TRICHY

In the result, the appeal of the Revenue is dismissed

Bench: Shri Manjunatha G & Shri Manomohan Dasआयकर अपील सं./ Ita No.2329 /Chny/2019 िनधा+रण वष+ /Assessment Year: 2012-13 The Dy. Commissioner Of Income M/S Velmurugan Heavy Tax, Vs. Engineering Industries Pvt. Circle-3 (1), Ltd., Trichy. No.E-65, Developed Plot Estate, Thuvakudi, Trichy-620 015. [Pan: Aaacv-3764-D]

section 143(2) and 142(1) issued to the assessee on 01-10-2018 and 24-12-2018 :- 3 -: respectively. Thereafter, the ld. AO vide order dated 31-12-2018 reassessed the income of the assessee at Rs. 2,61,59,635/-. Aggrieved, the assessee filed 1st appeal before the ld. CIT(A). 4. The ld. CIT(A) vide order

DCIT CENTRAL CIRCLE 2(4), , CHENNAI vs. M/S. MAVIS SATCOM LIMITED, CHENNAI

The appeals of the Revenue are dismissed being devoid of merit'

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.As.406, 407 & 739/Chny/2023. िनधा"रण वष" /Assessment Years :2012-2013, 2013-2014 & 2011-2012. The Deputy Commissioner Of M/S. Mavis Satcom Ltd, Income Tax, Vs. No.48, Np, Jawaharlal Nehru Road, Central Circle 2(4) Ekattutangal, Investigation Building, Chennai 600 032. Chennai 600 034. [Pan Aaccm 2127K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

reassess the total income of each of the six assessment years immediately preceding the year in which search action u/s.132 of the Act was initiated or requisition u/s.132A was made. The Ld.CIT(A) failed to appreciate that total incone of the assessee cannot be brought to tax if the scope of Section 153A is limited to only undisclosed income

DCIT CENTRAL CIRCLE 2(4), CHENNAI vs. M/S MAVIS SATCOM LTD, EKATTUTANGAL CHENNAI

The appeals of the Revenue are dismissed being devoid of merit'

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.As.406, 407 & 739/Chny/2023. िनधा"रण वष" /Assessment Years :2012-2013, 2013-2014 & 2011-2012. The Deputy Commissioner Of M/S. Mavis Satcom Ltd, Income Tax, Vs. No.48, Np, Jawaharlal Nehru Road, Central Circle 2(4) Ekattutangal, Investigation Building, Chennai 600 032. Chennai 600 034. [Pan Aaccm 2127K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

reassess the total income of each of the six assessment years immediately preceding the year in which search action u/s.132 of the Act was initiated or requisition u/s.132A was made. The Ld.CIT(A) failed to appreciate that total incone of the assessee cannot be brought to tax if the scope of Section 153A is limited to only undisclosed income

DCIT CENTRAL CIRCLE 2(4), CHENNAI , CHENNAI vs. M/S MAVIS SATCOM LTD, EKATTUTANGAL CHENNAI

The appeals of the Revenue are dismissed being devoid of merit'

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.As.406, 407 & 739/Chny/2023. िनधा"रण वष" /Assessment Years :2012-2013, 2013-2014 & 2011-2012. The Deputy Commissioner Of M/S. Mavis Satcom Ltd, Income Tax, Vs. No.48, Np, Jawaharlal Nehru Road, Central Circle 2(4) Ekattutangal, Investigation Building, Chennai 600 032. Chennai 600 034. [Pan Aaccm 2127K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

reassess the total income of each of the six assessment years immediately preceding the year in which search action u/s.132 of the Act was initiated or requisition u/s.132A was made. The Ld.CIT(A) failed to appreciate that total incone of the assessee cannot be brought to tax if the scope of Section 153A is limited to only undisclosed income

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED, ERODE

In the result, all these four appeals filed by the Revenue are\ndismissed

reassessment proceedings\nassessee has referred to CBDT Circular dated 18/5/10 and has stated\nthat the same mentions that the infrastructure developed and handed\nover to the Government is also eligible for deduction under section\n80IA(4) of the Act. Also reference is made to the decision of the ITAT,\nMumbai Bench in the case of Patel Engineering Ltd. Vs. DCIT

DCIT , COIMBATORE vs. M/S RPP INFRA PROJECTS LIMITED , ERODE

In the result, all these four appeals filed by the Revenue are\ndismissed

reassessment proceedings\nassessee has referred to CBDT Circular dated 18/5/10 and has stated\nthat the same mentions that the infrastructure developed and handed\nover to the Government is also eligible for deduction under section\n80IA(4) of the Act. Also reference is made to the decision of the ITAT,\nMumbai Bench in the case of Patel Engineering Ltd. Vs. DCIT