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)

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 of his income......as if such return were a return required to be furnished under Section 139", Similarly, the language use in Section 156 which is reproduced

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)

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 of his income......as if such return were a return required to be furnished under Section 139", Similarly, the language use in Section 156 which is reproduced

ORIGINAL KERALA JEWELLERS,CHENNAI vs. DCIT NON CORPORATE CIRCLE 2, CHENNAI

In the result, the appeals of the assessee for both the years

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2987 & 2988/Chny/2017 "नधा"रण वष" /Assessment Years : 2008-09 & 2010-2011. M/S. Original Kerala Jewellers, Vs. The Deputy Commissioner Of No.74, Usman Road, Income Tax, T. Nagar, Non Corporate Circle -2, Chennai 600 017. Chennai 600 034. [Pan Aaafo 0104F] (अपीलाथ"/Appellant) (""यथ"/Respondent)

274 of the Act should specifically state the grounds mentioned in section 271(1)(c) , i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law ; ITA No. 2987 & 2988/2017 :- 7 -: The assessee should know

ORIGINAL KERALA JEWELLERS,CHENNAI vs. DCIT NON CORPORATE CIRCLE 2, CHENNAI

In the result, the appeals of the assessee for both the years

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos.2987 & 2988/Chny/2017 "नधा"रण वष" /Assessment Years : 2008-09 & 2010-2011. M/S. Original Kerala Jewellers, Vs. The Deputy Commissioner Of No.74, Usman Road, Income Tax, T. Nagar, Non Corporate Circle -2, Chennai 600 017. Chennai 600 034. [Pan Aaafo 0104F] (अपीलाथ"/Appellant) (""यथ"/Respondent)

274 of the Act should specifically state the grounds mentioned in section 271(1)(c) , i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law ; ITA No. 2987 & 2988/2017 :- 7 -: The assessee should know

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

274(1) is reproduced as under: "No order imposing penalty under this chapter shall be made unless the assessee has been heard or has been given a reasonable opportunity of being heard ..” This language use, when in comparison with Section 143(2), which is also is reproduced as under: "Where a return has been furnished under Section

BANK OF CEYLON,CHENNAI vs. DCIT, CHENNAI

In the result, the appeal of the assessee is allowed on legal ground

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No. 1347/Chny/2017 "नधा"रण वष" /Assessment Year : 2010-2011. M/S. Bank Of Ceylon, Vs. The Deputy Commissioner Of 20/21, Casa Major Road, Income Tax, New No.2, Old No.11, International Taxation 1(1) Zerart Garden Ii Lane, Chennai. Egmore, Chennai 600 008. [Pan Aaacb 2218C] (अपीलाथ"/Appellant) (""यथ"/Respondent)

274 of the Act should specifically state the grounds mentioned in section 271(1)(c) , i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law ; The assessee should know the grounds which

R.KOMALAVALLI ,CHENNAI vs. DCIT CORPORATE CIRCLE 1(1) , CHENNAI

In the result, appeals of the assessee are allowed on legal

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. Nos.1925, 1926, 1927 & 1928/Chny/2017 "नधा"रण वष" /Assessment Years : 2008-09, 2009-10, 2010-11 & 2011-2012. R. Komalavalli, Vs. The Deputy Commissioner Of (Director Of A2Z Logistics Pvt Ltd) Income Tax, No.56, Sbi Colony Extn, Corporate Circle 1(1) Nanganallur, Chennai. Chennai 600 061. [Pan Afzpk 2709L] (अपीलाथ"/Appellant) (""यथ"/Respondent)

274 of the Act should specifically state the grounds mentioned in section 271(1)(c) , i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law ; The assessee should know the grounds which

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

274 should specifically state the grounds mentioned in section 271(T)(c), i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form, where all the grounds mentioned in section 271 are mentioned, would not satisfy requirement of law. The assessee should know the grounds which he has to meet specifically. Otherwise

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

274 should specifically state the grounds mentioned in section 271(T)(c), i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form, where all the grounds mentioned in section 271 are mentioned, would not satisfy requirement of law. The assessee should know the grounds which he has to meet specifically. Otherwise

GWALIOR AGENCIES,CHENNAI vs. ACIT NON CORPORATE CIRCLE 11, CHENNAI

In the result, the appeals of the assessee for both the years are allowed on legal ground

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos. 2479 & 2480/Chny/2017 "नधा"रण वष" /Assessment Years : 2011-2012 & 2012-2013. M/S. Gwalior Agencies, Vs. The Assistant Commissioner No.72, Godown Street, Of Income Tax, Moolchand Market, Non Corporate Circle -11, Chennai 600 001. Chennai.

274 of the Act should specifically state the grounds mentioned in section 271(1)(c) , i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law ; ITA Nos.2479 & 2480/CHNY/17 :- 7 -: The assessee should know

GWALIOR AGENCIES,CHENNAI vs. ACIT NON CORPORATE CIRCLE 11, CHENNAI

In the result, the appeals of the assessee for both the years are allowed on legal ground

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. Nos. 2479 & 2480/Chny/2017 "नधा"रण वष" /Assessment Years : 2011-2012 & 2012-2013. M/S. Gwalior Agencies, Vs. The Assistant Commissioner No.72, Godown Street, Of Income Tax, Moolchand Market, Non Corporate Circle -11, Chennai 600 001. Chennai.

274 of the Act should specifically state the grounds mentioned in section 271(1)(c) , i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law ; ITA Nos.2479 & 2480/CHNY/17 :- 7 -: The assessee should know

N.ELLAPPAN,TIRUPPUR vs. ITO, TIRUPPUR

In the result, the appeal of the assessee is allowed on legal ground

Bench: Shri Abraham P.George & Shri George Mathan

274 of the Act should specifically state the grounds mentioned in section 271(1)(c) , i.e., whether it is for concealment of income or for furnishing of incorrect particulars of income. Sending printed form where all the grounds mentioned in section 271 are mentioned would not satisfy the requirement of law ; :- 7 -: The assessee should know the grounds which

ARUSUVAI FOOD PROCESSORS PVT. LTD.,SALEM vs. DCIT, CIRCLE-1(1), SALEM

In the result, appeal filed by the assessee is allowed

Bench: Shri Aby T. Varkey & Shri Jagadish

reassessment under Section 143(3) read with Section 264 of the Act on 31.03.2022, determining the total assessed income at ₹1,70,77,591/- as against the returned income of ₹61,371/-. And as noted supra, the ibid assessment order didn’t contain any finding or direction regarding the initiation of penalty proceedings in respect of the additions made, which

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

reassessment, if any, relating to any\n assessment year falling within the period of six assessment years referred\nto in this sub-section pending on the date of initiation of the search under\nSection 132 or making of requisition under Section 132A, as the case may\nbe, shall abate.\" Therefore, Section 153A is in the nature of a second\nchance

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

reassessment, if any, relating to any\n assessment year falling within the period of six assessment years referred\nto in this sub-section pending on the date of initiation of the search under\nSection 132 or making of requisition under Section 132A, as the case may\nbe, shall abate.\" Therefore, Section 153A is in the nature of a second\nchance

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

reassessment, if any, relating to any\n assessment year falling within the period of six assessment years referred\nto in this sub-section pending on the date of initiation of the search under\nSection 132 or making of requisition under Section 132A, as the case may\nbe, shall abate.\" Therefore, Section 153A is in the nature of a second\nchance

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

reassessment, if any, relating to any\n assessment year falling within the period of six assessment years referred\nto in this sub-section pending on the date of initiation of the search under\nSection 132 or making of requisition under Section 132A, as the case may\nbe, shall abate.\" Therefore, Section 153A is in the nature of a second\nchance

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

reassessment, if any, relating to any\n assessment year falling within the period of six assessment years referred\nto in this sub-section pending on the date of initiation of the search under\nSection 132 or making of requisition under Section 132A, as the case may\nbe, shall abate.\" Therefore, Section 153A is in the nature of a second\nchance

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

reassessment, if any, relating to any assessment\nyear falling within the period of six assessment years referred\nto in this sub-section pending on the date of initiation of the search under\nSection 132 or making of requisition under Section 132A, as the case may\nbe, shall abate.\" Therefore, Section 153A is in the nature of a second\nchance given