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

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

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(2), CHENNAI, CHENNAI vs. JAYAPRIYA COMPANY, CHENNAI

In the result, appeal filed by the Revenue is dismissed and the\nCross-Objection filed by the assessee is allowed

reassessment or recomputation under this Act\nshall be passed by an Assessing Officer below the rank of Joint\nCommissioner, in respect of an assessment year to which clause (i) or\nclause (ii) or clause (iii) or clause (iv) of Explanation 2 to section 148\napply except with the prior approval of the Additional Commissioner or\nAdditional Director or Joint Commissioner

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

147,\nsection 148, section 149, section 151 and section 153, in the case of\na person where a search is initiated under section 132 or books of\naccount, other documents or any assets are requisitioned under\nsection 132A after the 31st day of May, 2003, the Assessing Officer\nshall\n(a) issue notice to such person requiring him to furnish

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

147,\nsection 148, section 149, section 151 and section 153, in the case of\na person where a search is initiated under section 132 or books of\naccount, other documents or any assets are requisitioned under\nsection 132A after the 31st day of May, 2003, the Assessing Officer\nshall\n(a) issue notice to such person requiring him to furnish

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

147,\nsection 148, section 149, section 151 and section 153, in the case of\na person where a search is initiated under section 132 or books of\naccount, other documents or any assets are requisitioned under\nsection 132A after the 31st day of May, 2003, the Assessing Officer\nshall\n(a) issue notice to such person requiring him to furnish

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

147,\nsection 148, section 149, section 151 and section 153, in the case of\na person where a search is initiated under section 132 or books of\naccount, other documents or any assets are requisitioned under\nsection 132A after the 31st day of May, 2003, the Assessing Officer\nshall\n(a) issue notice to such person requiring him to furnish

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

147,\nsection 148, section 149, section 151 and section 153, in the case of\na person where a search is initiated under section 132 or books of\naccount, other documents or any assets are requisitioned under\nsection 132A after the 31st day of May, 2003, the Assessing Officer\nshall\n(a) issue notice to such person requiring him to furnish

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

147,\nsection 148, section 149, section 151 and section 153, in the case of\na person where a search is initiated under section 132 or books of\naccount, other documents or any assets are requisitioned under\nsection 132A after the 31st day of May, 2003, the Assessing Officer\nshall\n(a) issue notice to such person requiring him to furnish

SREE NAVALADIAN FINANCE,NAMAKKAL vs. ITO, SALEM

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 147 of the Act. Finally, the AO in the reassessment proceedings assessed the returned income filed in response to notice u/s.148 of the Act at Rs.40,55,440/-. This addition was accepted by assessee as it is because it was returned income. The AO vide this assessment order initiated penalty proceedings u/s.271(1)© of the Act and recorded

SREENAVALADIAN FINANCE,SALEM vs. DCIT,CENTRALCIRCLE, SALEM

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 147 of the Act. Finally, the AO in the reassessment proceedings assessed the returned income filed in response to notice u/s.148 of the Act at Rs.40,55,440/-. This addition was accepted by assessee as it is because it was returned income. The AO vide this assessment order initiated penalty proceedings u/s.271(1)© of the Act and recorded

SREE NAVALADIYAN FINANCE,NAMAKKAL vs. DCIT, CENT CIRCLE, SALEM

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 147 of the Act. Finally, the AO in the reassessment proceedings assessed the returned income filed in response to notice u/s.148 of the Act at Rs.40,55,440/-. This addition was accepted by assessee as it is because it was returned income. The AO vide this assessment order initiated penalty proceedings u/s.271(1)© of the Act and recorded

SREE NAVALADIYAN FINANCE,SALEM vs. DCIT,CENTRAL CIRCLE, SALEM

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

section 147 of the Act. Finally, the AO in the reassessment proceedings assessed the returned income filed in response to notice u/s.148 of the Act at Rs.40,55,440/-. This addition was accepted by assessee as it is because it was returned income. The AO vide this assessment order initiated penalty proceedings u/s.271(1)© of the Act and recorded

DCIT CENTRAL CIRCLE 2, COIMBATORE vs. SAKTHI CONSTRUCTIONS, ERODE

In the result, the appeal filed by the Revenue is partly-allowed for statistical purposes

Bench: Shri Mahavir Singh & Shri Manjunatha.G

u/s. 153C and consequent framing of assessments are not legally correct. Aggrieved, now Revenue is in appeal before Tribunal. 6. Before us, the ld.CIT-DR Shri R. Clement Ramesh Kumar first of all assailed the order of CIT(A) stated that the CIT(A) has not gone into the legal provisions of search u/s.132 of the Act as well

R.VASUKI,COIMBATORE vs. DCIT, COIMBATORE

In the result, the assessee’s appeal is dismissed

Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddy

147 dated 07.02.2014. It is the penalty u/s. 271(1)(c) on this sum of ". 102 lacs, levied at 100 per cent of the tax sought to be evaded, which is the subject matter of dispute between the parties. While the assessee insists that her action in filing the ‘revised return’ was done only to purchase peace with

SHRIRAM CAPITAL LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Challa Nagendra Prasadआयकर अपील सं./ I.T.A. Nos.512 &513 /Mds/2015 ("नधा"रण वष" / Assessment Year : 2010-2011 & 2011- 2012)

reassess under section 147 or pass an order enhancing the assessment or reducing the refund of the assessee under section 154.” 10. It has been made clear by the Hon’ble High Court that sub -section (2) does not ifso facto empower the AO to apply the method prescribed by Rules straightaway without considering whether the claim made

SHRIRAM CAPITAL LIMITED,CHENNAI vs. DCIT, CHENNAI

In the result, the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Challa Nagendra Prasadआयकर अपील सं./ I.T.A. Nos.512 &513 /Mds/2015 ("नधा"रण वष" / Assessment Year : 2010-2011 & 2011- 2012)

reassess under section 147 or pass an order enhancing the assessment or reducing the refund of the assessee under section 154.” 10. It has been made clear by the Hon’ble High Court that sub -section (2) does not ifso facto empower the AO to apply the method prescribed by Rules straightaway without considering whether the claim made

YCH LOGISTICS (INDIA) PRIVATE LIMITED,KANCHEEPURAM vs. DCIT, CHENNAI

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

reassessment proceedings were legally initiated was not kept open. Even on the third question the Tribunal's view was erroneous that even though this point went to the root of the jurisdiction and was a pure question of law, merely because the point was initially raised and not pressed when the matter was taken up before the Appellate Assistant Commissioner

SASIKALA RAGHUPATHY,CHENNAI vs. ACIT CENTRAL CIRCLE 3(1), CHENNAI

In the result appeal of the assessee is allowed

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.366/Chny/2018 ("नधा"रण वष" / Assessment Year: 2008-09) Vs The Acit, Smt. Sasikala Raghupathy, New No.60, Old No.100, Central Circle 3(1), Iv Street, Abhiramapuram, Chennai. Chennai – 600 018. Pan: Aaafr5481B (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri Ca Jharna B. Harilal, Fca ""यथ" क" ओर से/Respondent By : Shri S. Bharath, Cit

274 CTR 122 wherein it was held by the Hon’ble High Court of Karnataka that order U/s.263 of the Act is infructuous in case where 153A proceedings are pending. 4. For the sake of convenience, the sequences of events are narrated herein below for easy reference:- (i) The assessee had filed her return of income U/s.139