M/S. ARCHANA FEMALE CHILD TRUST,CHENNAI vs. ITO, NCW - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

ANISH KUMAR WIFE TRUST,CHENNAI vs. ITO, NCW - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

M/S. ANISH KUMAR FEMALE CHILD TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

M/S. ANISH KUMAR EDUCATION TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

M/S. ANISH KUMAR EDUCATION TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

M/S. ANISHKUMAR MALE CHILD TRUST,CHENNAI vs. ITO, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

ANISH KUMAR MARRIAGE TRUST,,CHENNAI vs. ITO, NCC - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

ANISH KUMAR MARRIAGE TRUST,,CHENNAI vs. ITO, NCC - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

ANISH KUMAR WIFE TRUST,CHENNAI vs. ITO, NCW - 11 (1),, CHENNAI

In the result, the appeals of the assessees are dismissed

Bench: Shri Mahavir Singhand Shri G. Manjunatha

reassessment under sub-section (3) of section 92CD (c) an order made under section 154 or section 155 having the effect of enhancing the assessment or reducing a refund or an order refusing to allow the claim made by the assessee under either of the said sections [except an order referred to in sub-section (12) of section 144BA]; (d

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)

d)…. he may direct that such person shall pay by way of penalty- …….” 2. As can be seen from the use of language, the legislation has envisaged that.. i. Penalty proceeding u/s 271 has to be initiated only during the pendency of the proceeding and not on completion of the proceeding ii. Before initiation, satisfaction on attraction of penal

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)

d)…. he may direct that such person shall pay by way of penalty- …….” 2. As can be seen from the use of language, the legislation has envisaged that.. i. Penalty proceeding u/s 271 has to be initiated only during the pendency of the proceeding and not on completion of the proceeding ii. Before initiation, satisfaction on attraction of penal

PALAVESAKANNU PALANI,TIRUNELVELI vs. ITO, WARD-1, TIRUNELVELI

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos.1575, 1576, 1577 & 1578/Chny/2024 (िनधा"रणवष" / Assessment Years: 2013-14, 2013-14,2015-16 & 2015-2016) Palavesakannu Palani, Vs. The Income Tax Officer, 28, Ram Nagar, Ward 1, Thiyagaraja Nagar, Tirunelveli. Palamkottai, Tirunelveli 627 002. [Pan: Awvpp 9442L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Kathir, Advocate ""यथ" क" ओर से /Respondent By : Ms Kavitha, Irs, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 26.08.2024 घोषणा क" तार"ख /Date Of Pronouncement : 28.08.2024 आदेश / O R D E R Per Manu Kumar Giri ()

D E R PER MANU KUMAR GIRI (Judicial Member) The aforesaid appeals by the assessee for captioned assessment years arises out of separate orders of even date 01.05.2024 passed by the National Faceless Appeal Centre (NFAC), Delhi (‘’CIT (A) in short’’). The appeals in ITA No.1575 & 1577/Chny/2024 are quantum appeals for assessment years 2013-14 and 2015- 2016 whereas appeals

PALAVESAKANNU PALANI,TIRUNELVELI vs. ITO,WARD-1, TIRUNELVELI

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos.1575, 1576, 1577 & 1578/Chny/2024 (िनधा"रणवष" / Assessment Years: 2013-14, 2013-14,2015-16 & 2015-2016) Palavesakannu Palani, Vs. The Income Tax Officer, 28, Ram Nagar, Ward 1, Thiyagaraja Nagar, Tirunelveli. Palamkottai, Tirunelveli 627 002. [Pan: Awvpp 9442L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Kathir, Advocate ""यथ" क" ओर से /Respondent By : Ms Kavitha, Irs, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 26.08.2024 घोषणा क" तार"ख /Date Of Pronouncement : 28.08.2024 आदेश / O R D E R Per Manu Kumar Giri ()

D E R PER MANU KUMAR GIRI (Judicial Member) The aforesaid appeals by the assessee for captioned assessment years arises out of separate orders of even date 01.05.2024 passed by the National Faceless Appeal Centre (NFAC), Delhi (‘’CIT (A) in short’’). The appeals in ITA No.1575 & 1577/Chny/2024 are quantum appeals for assessment years 2013-14 and 2015- 2016 whereas appeals

PALAVESAKANNU PALANI,TIRUNELVELI vs. ITO, WARD-1, TIRUNELVELI

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos.1575, 1576, 1577 & 1578/Chny/2024 (िनधा"रणवष" / Assessment Years: 2013-14, 2013-14,2015-16 & 2015-2016) Palavesakannu Palani, Vs. The Income Tax Officer, 28, Ram Nagar, Ward 1, Thiyagaraja Nagar, Tirunelveli. Palamkottai, Tirunelveli 627 002. [Pan: Awvpp 9442L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Kathir, Advocate ""यथ" क" ओर से /Respondent By : Ms Kavitha, Irs, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 26.08.2024 घोषणा क" तार"ख /Date Of Pronouncement : 28.08.2024 आदेश / O R D E R Per Manu Kumar Giri ()

D E R PER MANU KUMAR GIRI (Judicial Member) The aforesaid appeals by the assessee for captioned assessment years arises out of separate orders of even date 01.05.2024 passed by the National Faceless Appeal Centre (NFAC), Delhi (‘’CIT (A) in short’’). The appeals in ITA No.1575 & 1577/Chny/2024 are quantum appeals for assessment years 2013-14 and 2015- 2016 whereas appeals

PALAVESAKANNU PALANI,TIRUNELVELI vs. ITO, WARD-1, TIRUNELVELI

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos.1575, 1576, 1577 & 1578/Chny/2024 (िनधा"रणवष" / Assessment Years: 2013-14, 2013-14,2015-16 & 2015-2016) Palavesakannu Palani, Vs. The Income Tax Officer, 28, Ram Nagar, Ward 1, Thiyagaraja Nagar, Tirunelveli. Palamkottai, Tirunelveli 627 002. [Pan: Awvpp 9442L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Kathir, Advocate ""यथ" क" ओर से /Respondent By : Ms Kavitha, Irs, Addl. Cit. सुनवाई क" तार"ख/Date Of Hearing : 26.08.2024 घोषणा क" तार"ख /Date Of Pronouncement : 28.08.2024 आदेश / O R D E R Per Manu Kumar Giri ()

D E R PER MANU KUMAR GIRI (Judicial Member) The aforesaid appeals by the assessee for captioned assessment years arises out of separate orders of even date 01.05.2024 passed by the National Faceless Appeal Centre (NFAC), Delhi (‘’CIT (A) in short’’). The appeals in ITA No.1575 & 1577/Chny/2024 are quantum appeals for assessment years 2013-14 and 2015- 2016 whereas appeals

SEETHARAMAN BAKTHAVATSALAM,TRICHY vs. ACIT, CIRCLE 3(1), TRICHY, TRICHY

In the result, all the appeals of the assessee are allowed for

Bench: Shri Aby T. Varkey & Shri Jagadish

271A may be levied for money lending part of business.” 35. In result, the appeal of assessee is PARTLY ALLOWED, with income to be computed as per the revised returned incomes filed by the assessee, after ITA Nos.1300 to 1303 & 1304/Chny/2025 (AYs 2008-09 to 2011-12 & 2013-14) Seetharaman Bakthavatsalam :: 4 :: benefit of telescoping of initial Capital & Income

SEETHARAMAN BAKTHAVATSALAM,TRICHY vs. ACIT, CIRCLE 3(1), TRICHY, TRICHY

In the result, all the appeals of the assessee are allowed for

Bench: Shri Aby T. Varkey & Shri Jagadish

271A may be levied for money lending part of business.” 35. In result, the appeal of assessee is PARTLY ALLOWED, with income to be computed as per the revised returned incomes filed by the assessee, after ITA Nos.1300 to 1303 & 1304/Chny/2025 (AYs 2008-09 to 2011-12 & 2013-14) Seetharaman Bakthavatsalam :: 4 :: benefit of telescoping of initial Capital & Income

SEETHARAMAN BAKTHAVATSALAM,TRICHY vs. ACIT, CIRCLE 3(1), TRICHY, TRICHY

In the result, all the appeals of the assessee are allowed for

Bench: Shri Aby T. Varkey & Shri Jagadish

271A may be levied for money lending part of business.” 35. In result, the appeal of assessee is PARTLY ALLOWED, with income to be computed as per the revised returned incomes filed by the assessee, after ITA Nos.1300 to 1303 & 1304/Chny/2025 (AYs 2008-09 to 2011-12 & 2013-14) Seetharaman Bakthavatsalam :: 4 :: benefit of telescoping of initial Capital & Income