DEPUTY COMMISSIONER OF INCOME-TAX, MADURAI vs. M/S INDUSTRIAL MINERAL CO., 100% EOU, TUTICORIN

In the result, the assessee’s appeal ITA No

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm 1. आयकरअपील सं./ Ita No.390/Chny/2023 (िनधा(रण वष( / Assessment Year: 2012-13) M/S. Industrial Mineral Co. 100% Eou Acit बनाम/ 1/1C, Harbour Express Highway, Central Circle-(1), Vs. Thermal Nagar So, Tuticorin-628 006. Madurai "थायीलेखासं./जीआइआरसं./Pan/Tan No. Aaafi-9714-R (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. आयकरअपील सं./ Ita No.529/Chny/2023 (िनधा(रण वष( / Assessment Year: 2012-13) Acit M/S. Industrial Mineral Co. 100% Eou बनाम/ Central Circle-(1), 1/1C, Harbour Express Highway, Vs. Madurai Thermal Nagar So, Tuticorin 628006 "थायीलेखासं./जीआइआरसं./Pan/Tan No. Aaafi-9714-R (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ" की ओर से/ Assessee By : Shri N. Arjun Raj (Advocate) – Ld.Ar ""थ" की ओर से/Revenue By : Shri R. Clement Ramesh Kumar (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 26-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-05-2025 आदेश / O R D E R

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 income 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(2), CHENNAI, CHENNAI vs. SUBRAMANIAM KATHIRESAN, CHENNAI

In the result, appeal filed by the Revenue for AY 2014-15 is dismissed

Bench: Shri Aby T. Varkey & Shri Jagadish

reassess the total income of six (6) years immediately preceding the assessment year relevant to the previous year in which the search was conducted. And that from 01.04.2017, the power to assess/reassess the income was expanded from six (6) to ten (10) years and termed it as the relevant assessment year or years. [refer to Explanation-1 below Section 153A

RANGAMANI KRISHNAN,CHENNAI vs. ACIT, CENTRAL CIRCLE-1(2), CHENNAI

In the result all the five appeals filed by the assessee for the A

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

reassessed. The ld.AR invited our attention to page No.20 of the First appellate authorities order wherein the satisfaction for invoking jurisdiction has been reproduced. 12. The ld.AR submitted that the jurisdictional requirement of the satisfaction note is that; a. It must be in writing, dated, and signed by the Assessing Officer. b. Must be recorded before issuing notice u/s.153C

RANGAMANI KRISHNAN,CHENNAI vs. ACIT, CENTRAL CIRCLE-1(2), CHENNAI

In the result all the five appeals filed by the assessee for the A

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

reassessed. The ld.AR invited our attention to page No.20 of the First appellate authorities order wherein the satisfaction for invoking jurisdiction has been reproduced. 12. The ld.AR submitted that the jurisdictional requirement of the satisfaction note is that; a. It must be in writing, dated, and signed by the Assessing Officer. b. Must be recorded before issuing notice u/s.153C

RANGAMANI KRISHNAN,CHENNAI vs. ACIT, CENTRAL CIRCLE-1(2), CHENNAI

In the result all the five appeals filed by the assessee for the A

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

reassessed. The ld.AR invited our attention to page No.20 of the First appellate authorities order wherein the satisfaction for invoking jurisdiction has been reproduced. 12. The ld.AR submitted that the jurisdictional requirement of the satisfaction note is that; a. It must be in writing, dated, and signed by the Assessing Officer. b. Must be recorded before issuing notice u/s.153C

RANGAMANI KRISHNAN,CHENNAI vs. ACIT, CENTRAL CIRCLE-1(3), CHENNAI

In the result all the five appeals filed by the assessee for the A

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

reassessed. The ld.AR invited our attention to page No.20 of the First appellate authorities order wherein the satisfaction for invoking jurisdiction has been reproduced. 12. The ld.AR submitted that the jurisdictional requirement of the satisfaction note is that; a. It must be in writing, dated, and signed by the Assessing Officer. b. Must be recorded before issuing notice u/s.153C

RANGAMANI KRISHNAN,CHENNAI vs. ACIT, CENTRAL CIRCLE-1(2), CHENNAI

In the result all the five appeals filed by the assessee for the A

Bench: Shri S.S. Viswanethra Ravi, Hon’Ble & Shri S.R.Raghunatha, Hon’Bleआयकर अपीलसं./Ita Nos.: 453, 454, 455, 456 & 457/Chny/2025 िनधा"रण वष" / Assessment Years: 2015-16, 2016-17, 2017-18, 2018-19 & 2019-20 & Sa Nos.41, 42, 43, 44 & 45/Chny/2025 [In Ita Nos. 453, 454, 455, 456 & 457/Chny/2025]

reassessed. The ld.AR invited our attention to page No.20 of the First appellate authorities order wherein the satisfaction for invoking jurisdiction has been reproduced. 12. The ld.AR submitted that the jurisdictional requirement of the satisfaction note is that; a. It must be in writing, dated, and signed by the Assessing Officer. b. Must be recorded before issuing notice u/s.153C

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

reassess the total income of such other person, (the assessee in this case )in the manner provided in section 153A of the Act. So in this case before us, since the AO of the searched person as well as that of the other/third party/assessee are the same, he/AO of assessee can issue notice u/s 153C of the Act only after

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

reassess the total income of such other person, (the assessee in this case )in the manner provided in section 153A of the Act. So in this case before us, since the AO of the searched person as well as that of the other/third party/assessee are the same, he/AO of assessee can issue notice u/s 153C of the Act only after

SOUTHERN AGRIFURANE INDUSTRIES PVT. LTD.,CHENNAI vs. ACIT, CENTRAL CIRCLE-2(2),, CHENNAI

In the result, both the both the appeals filed by the Revenue and the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act from its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance

DCIT CC 2 2 , CHENNAI, CHENNAI vs. SOUTHERN AGRIFURANE INDUSTRIES PVT LTD, CHENNAI

In the result, both the both the appeals filed by the Revenue and the Revenue and the

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act fro analyzed the entire statutory framework of Section 153C of the Act from its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance Act, 2017 and its its introduction to the amendment by Finance

ACIT, NUNAGAMBAKKAM vs. INTEGRATED SERVICE POINT LIMITED, ANNA NAGAR

292C, and supported by decisions in Navjivan Oil\nMills (supra) and Indeo Airways (P.) Ltd. (supra), and considering that\nthe seized records confirm the money received back from the vendors\nwas used exclusively for business purposes due to exigent\ncircumstances, the AO's approach of treating the gross receipts as\nincome is unsustainable.\n129. During the hearing

INTEGRATED SERVICE POINT LTD.,CHENNAI vs. ACIT, CC-2(4), CHENNAI

Accordingly, the assessee's appeals in ITA Nos.1881, 1882,\nand 1883/Chny/2025 for A.Ys.2016-17, 2019-20, and 2022-23 are\nallowed

292C, and supported by decisions in Navjivan Oil\nMills (supra) and Indeo Airways (P.) Ltd. (supra), and considering that\nthe seized records confirm the money received back from the vendors\nwas used exclusively for business purposes due to exigent\ncircumstances, the AO's approach of treating the gross receipts as\nincome is unsustainable.\n129. During the hearing

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, TRICHY, INCOME TAX OFFICE, TRICHY vs. LIFE LINE AUTO FINANCE, KARUR

292C of the Income Tax Act. The appellant\nfurther asserted that the seized material does not contain information\nabout the investments made by other partners in the appellant's group of\nfinance firms.\n6.5.5 In addition, the appellant submits that Mr. K.S. Ravindran, being an\ninvesting partner and not a managing partner, could not have full\nknowledge of the specific

ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1, TRICHY, INCOME TAX OFFICE, TRICHY vs. KARUPPANNA GOUNDER PALANIAPPA GOUNDER MARIAPPAN, KARUR

In the result, all the three appeals of the Revenue are dismissed

reassess the total income of six years immediately preceding the\n assessment year relevant to the previous year in which the search was\nconducted and for the relevant assessment year or years. Explanation 1\nbelow section 153A of the Act defines the expression relevant assessment.\nIn order to make an assessment for assessment year which falls beyond six\n assessment

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, TRICHY, INCOME TAX OFFICE, TRICHY vs. RAMASAMY MOOLIMANGALAM VAISHNAVA PRIYA, CHENNAI

In the result, all the three appeals of the Revenue are dismissed

reassess the total income of six years immediately preceding the\n assessment year relevant to the previous year in which the search was\nconducted and for the relevant assessment year or years. Explanation 1\nbelow section 153A of the Act defines the expression relevant assessment.\nIn order to make an assessment for assessment year which falls beyond six\n assessment

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, TRICHY, INCOME TAX OFFICE,TRICHY vs. MARAGATHAMANI SHANMUGAM, KARUR

In the result, all the three appeals of the Revenue are dismissed

reassess the total income of six years immediately preceding the\n assessment year relevant to the previous year in which the search was\nconducted and for the relevant assessment year or years. Explanation 1\nbelow section 153A of the Act defines the expression relevant assessment.\nIn order to make an assessment for assessment year which falls beyond six\n assessment

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

reassessments and each scheme has its distinct set of conditions and stipulations that must be strictly adhered to. The sub-heading of Section 153A of the Act is "Assessment in case of Search or requisition" which is a special provision for assessment in case of an assessee against whom search u/s. 132 or requisition under section 132A

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

reassess\ncompleted assessments. The same position would prevail in context of\nSection 153C of the Act as well. Here too, the AO is mandated to firstly\nidentify the AYs' to which the material gathered in the course of the\nsearch may relate to and consequently those assessments would face the\nspecter of Section 153C of the Act. The additions here