ACIT CIRCLE 1 , TIRUNELVELI vs. V.SIVASUBRAMANIAN , TIRUNELVELI

In the result, all the appeals of the Revenue stand dismissed

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita Nos.1939, 1940, 1941 & 1942/Chny/2017 "नधा"रण वष" / Assessment Years : 2005-06, 2008-09, 2009-10 & 2010-11 The Deputy Commissioner Of Shri V. Sivasubramanian, Income Tax, Circle -1, V. Prop. Santhi Sweets, Nellai City Centre, Rahmath Nagar, Tirunelveli Junction Tirunelveli. Pan : Adlps 1831 P (अपीलाथ"/Appellant) (""यथ"/Respondent)

reassessment or recomputation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment as referred to in sub- section (1), as the case may be. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254 or section

ACIT CIRCLE 1 , TIRUNELVELI vs. V.SIVASUBRAMANIAN , TIRUNELVELI

In the result, all the appeals of the Revenue stand dismissed

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita Nos.1939, 1940, 1941 & 1942/Chny/2017 "नधा"रण वष" / Assessment Years : 2005-06, 2008-09, 2009-10 & 2010-11 The Deputy Commissioner Of Shri V. Sivasubramanian, Income Tax, Circle -1, V. Prop. Santhi Sweets, Nellai City Centre, Rahmath Nagar, Tirunelveli Junction Tirunelveli. Pan : Adlps 1831 P (अपीलाथ"/Appellant) (""यथ"/Respondent)

reassessment or recomputation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment as referred to in sub- section (1), as the case may be. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254 or section

S.VIJAYALAKSHMI ,PUDUCHERRY vs. ITO WARD I(2) , PONDICHERRY

In the result, the appeals of the assessee for assessment

Bench: Shri Chandra Poojari & Shri George Mathan

reassessment or re-computation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section

S.VIJAYALAKSHMI ,PUDUCHERRY vs. ITO WARD I(2) , PONDICHERRY

In the result, the appeals of the assessee for assessment

Bench: Shri Chandra Poojari & Shri George Mathan

reassessment or re-computation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section

S.VIJAYALAKSHMI ,PUDUCHERRY vs. ITO WARD I(2) , PONDICHERRY

In the result, the appeals of the assessee for assessment

Bench: Shri Chandra Poojari & Shri George Mathan

reassessment or re-computation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section

S.VIJAYALAKSHMI ,PUDUCHERRY vs. ITO WARD I(2) , PONDICHERRY

In the result, the appeals of the assessee for assessment

Bench: Shri Chandra Poojari & Shri George Mathan

reassessment or re-computation exceeds the tax on the total income determined under sub-section (1) of section 143 or on the basis of the regular assessment aforesaid. (4) Where, as a result of an order under section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section

ARUNACHALAM SRINIVASAN,PERAMBALUR vs. ACIT, CENTRAL CIRCLE-1 , TRICHY

In the result, appeal filed by the Revenue for AY 2014-15 in ITA

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.1527/Chny/2023 िनधा"रण वष"/Assessment Year: 2014-15 & Cross Objection No.13/Chny/2024 (In Ita No.1527/Chny/2023) िनधा"रण वष"/Assessment Year: 2014-15

234B by AO u/s 154 of the Act. 6. Since the Revenue has assailed the impugned action of the Ld.CIT(A) on the legal issue of jurisdiction of the AO to issue notice u/s.153C of the Act for AY 2014-15, we are inclined to first adjudicate the legal issue because it questions the jurisdiction of Assessing Officer to invoke

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, TRICHY vs. A. SRINIVASAN, PERAMBALUR

In the result, appeal filed by the Revenue for AY 2014-15 in ITA

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.1527/Chny/2023 िनधा"रण वष"/Assessment Year: 2014-15 & Cross Objection No.13/Chny/2024 (In Ita No.1527/Chny/2023) िनधा"रण वष"/Assessment Year: 2014-15

234B by AO u/s 154 of the Act. 6. Since the Revenue has assailed the impugned action of the Ld.CIT(A) on the legal issue of jurisdiction of the AO to issue notice u/s.153C of the Act for AY 2014-15, we are inclined to first adjudicate the legal issue because it questions the jurisdiction of Assessing Officer to invoke

M/S. CASTLEWICK FZE,DUBAI vs. ACIT,INTERNATIONAL TAXATION, CIRCLE-1(1), CHENNAI

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

Section 9(1)(vii) of the Act and made an addition\nof Rs.90 lakhs. Thereby raising a demand of Rs.18,62,640/- including\ninterest u/s.234A and 234B of the Act.\n5.\nAggrieved by the draft assessment order, assessee filed\nobjections before the DRP reiterating the submissions made before\nthe AO. Further the assessee highlighted the fact that order passed\nu/s.201

SMT. V.PRREMALATHA,CHENNAI vs. ACIT, CHENNAI

The appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. 4. For that the Learned Commissioner of Income Tax (Appeals) ought to have

SMT. V.PRREMALATHA,CHENNAI vs. ACIT, CHENNAI

The appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. 4. For that the Learned Commissioner of Income Tax (Appeals) ought to have

SMT. V.PRREMALATHA,CHENNAI vs. ACIT, CHENNAI

The appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. 4. For that the Learned Commissioner of Income Tax (Appeals) ought to have

SMT. V.PRREMALATHA,CHENNAI vs. ACIT, CHENNAI

The appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. 4. For that the Learned Commissioner of Income Tax (Appeals) ought to have

SMT. V.PRREMALATHA,CHENNAI vs. ACIT, CHENNAI

The appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. 4. For that the Learned Commissioner of Income Tax (Appeals) ought to have

SMT. V.PRREMALATHA,CHENNAI vs. ACIT, CHENNAI

The appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. 4. For that the Learned Commissioner of Income Tax (Appeals) ought to have

SMT. V.PRREMALATHA,CHENNAI vs. ACIT, CHENNAI

The appeal stand partly allowed

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am

reassessment, if any, relating to any assessment year falling within the period of six assessment years referred to in this section pending on the date of initiation of the search under section 132 or making of requisition under section 132A, as the case may be, shall abate. 4. For that the Learned Commissioner of Income Tax (Appeals) ought to have

GNANASEKARAN,CUDDALORE vs. ACIT, CENTRAL CIRCLE-1(1), CHENNAI

Appeal of the assessee is partly allowed

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1807 & 1808/Chny/2024 िनधा"रण वष"/Assessment Years :2015-16 & 2016-17 Shri Gnanasekaran, The Assistant Commissioner 21, Thirowpathi Amman Koil Street , Vs. Of Income Tax, Cuddalore-607 002. Central Circle -1(1) Pan: Acvpg-5138-J Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent)

reassessment under section 153A on the amount by which the tax on the total income determined on the basis of such re-assessment or re-computation exceeds the tax on the total [income determined under sub-section (1) of section 143 or on the basis of the earlier assessment aforesaid.” 7. Even, the provisions of section 153A, when the procedure

GNANASEKARAN,CUDDALORE vs. ACIT, CENTRAL CIRCLE-1(1), CHENNAI

Appeal of the assessee is partly allowed

Bench: Shri Mahavir Singh & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 1807 & 1808/Chny/2024 िनधा"रण वष"/Assessment Years :2015-16 & 2016-17 Shri Gnanasekaran, The Assistant Commissioner 21, Thirowpathi Amman Koil Street , Vs. Of Income Tax, Cuddalore-607 002. Central Circle -1(1) Pan: Acvpg-5138-J Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent)

reassessment under section 153A on the amount by which the tax on the total income determined on the basis of such re-assessment or re-computation exceeds the tax on the total [income determined under sub-section (1) of section 143 or on the basis of the earlier assessment aforesaid.” 7. Even, the provisions of section 153A, when the procedure

POSHAK INDUSTRIES,CHENNAI vs. ACIT, CHENNAI

In the result, the appeal of the assessee is partly allowed for 8

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

section 154(7). 4. Jurisdiction:- 4.1. The Commissioner of Income Tax (Appeals) ought to have appreciated that the Assessing Officer has no jurisidiciton for rectification of mistake of previous orders, while passing an order of revision for giving effect to the order of the Income Tax Appellate Tribunal 4.2.. The Commissioner of Income Tax (Appeals) ought to have appreciated