ACIT NON CORP CIRCLE 1 (1) FORMERLY KNOWN AS BUSINESS CIRCLE 1, CHENNAI vs. M/S DEOLITE HASKINS & SELLS, CHENNAI

Bench: Shri Joginder Singh & Shri A.Mohan Alankamony

u/s 80IA. Therefore, the Assessing Officer had reason to believe that income had escaped assessment for assessment year 1994-95.” Identically in the case of Srichand Lalchand Talreja v. Asst CIT, (1998) 98 Taxman 14, 19 (Bom), where the information regarding acquisition of the asset was not available with the Assessing Officer during the relevant assessment year

MOHANRAJ,COIMBATORE vs. DCIT, CENTRAL CIRCLE 3, CHENNAI

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 548 To 552/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 To 2018-19 Shri Mohanraj Deputy Commissioner Of 76, State Bank Road, Vs. Income Tax, Coimbatore-641 018. Central Circle-3 Pan: Ahopm-2335-H Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms.T.M.Suganthamala, Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per Bench: These Five Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, All Dated 16.02.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2014-15 To 2018-19. 2. The Common Issue Is Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Off By This Consolidated Order. Identical Grounds Are Raised Except For Variation In Figures.

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

MOHANRAJ,COIMBATORE vs. DCIT, CENTRAL CIRCLE 3, COIMBATORE

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 548 To 552/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 To 2018-19 Shri Mohanraj Deputy Commissioner Of 76, State Bank Road, Vs. Income Tax, Coimbatore-641 018. Central Circle-3 Pan: Ahopm-2335-H Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms.T.M.Suganthamala, Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per Bench: These Five Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, All Dated 16.02.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2014-15 To 2018-19. 2. The Common Issue Is Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Off By This Consolidated Order. Identical Grounds Are Raised Except For Variation In Figures.

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

MOHANRAJ,COIMBATORE vs. DCIT, CENTRAL CIRCLE 3, COIMBATORE

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 548 To 552/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 To 2018-19 Shri Mohanraj Deputy Commissioner Of 76, State Bank Road, Vs. Income Tax, Coimbatore-641 018. Central Circle-3 Pan: Ahopm-2335-H Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms.T.M.Suganthamala, Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per Bench: These Five Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, All Dated 16.02.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2014-15 To 2018-19. 2. The Common Issue Is Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Off By This Consolidated Order. Identical Grounds Are Raised Except For Variation In Figures.

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

MOHANRAJ,COIMBATORE vs. DCIT, CENTRAL CIRCLE 3, COIMBATORE

In the result, all the five appeals filed by the assessee are allowed

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 548 To 552/Chny/2024 िनधा"रण वष"/Assessment Years: 2014-15 To 2018-19 Shri Mohanraj Deputy Commissioner Of 76, State Bank Road, Vs. Income Tax, Coimbatore-641 018. Central Circle-3 Pan: Ahopm-2335-H Coimbatore. (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Mr. S.Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Ms.T.M.Suganthamala, Cit सुनवाई क" तारीख/Date Of Hearing : 26.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.03.2025 आदेश /O R D E R Per Bench: These Five Appeals At The Instance Of The Assessee Are Directed Against Five Separate Orders Of Cit(A), Chennai-20, All Dated 16.02.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Years Are 2014-15 To 2018-19. 2. The Common Issue Is Raised In These Appeals, Hence, They Were Heard Together & Are Being Disposed Off By This Consolidated Order. Identical Grounds Are Raised Except For Variation In Figures.

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

POOJA PRABHAKAR,CHENNAI vs. INCOME TAX OFFICER, NON CORPORATE WARD 15(1), CHENNAI, CHENNAI

In the result, all the three appeals of the assessee for the A

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunatha

147, section 148, section 149 and section 151 as they stood before their substitution by Finance Act 2021 w.e.f. 01-04 2021. It is to be noted that the AO has issued the re-opening notice u/s 151(2) of the Act as it stood prior to 01-04-2021 as is evident from the fact that no prior approval/satisfaction

KELLER (M) SDN BHD,CHENNAI vs. DCIT INTL TAX 1(2), CHENNAI, CHENNAI

In the result, the appeal of the assessee stands allowed

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.1319/Chny/2023 (िनधा"रणवष" / Assessment Year: 2018-2019) Vs. The Deputy Commissioner Of Keller (M) Sdn Bhd, Income Tax, 7Th Floor, Centennial Square, International Taxation 1(2) No.6A, Dr. Ambedkar Road, Chennai. Kodambakkam, Chennai 600 024. [Pan: Aagck 8014M] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri. Ashik Shah, C.A. ""यथ" क" ओर से /Respondent By : Shri. Nilay Baran Som, Irs, Cit.

u/s. 143(3) r.w.s 147 of the IT Act, 1961 is completed as under: Returned Income: Rs.44,86,960/- Assessed Income: Rs.44,86,960/- Income Tax computation sheet and demand notice enclosed’’. The ld. AR further referred the paper book consisting of pages (1-375). The ld. AR specifically pointed out page 232 and page 256 at point 3 which

KAMLESH SHANTILAL JAIN,CHENNAI vs. ACIT, CHENNAI

In the result, appeal filed by assessee is allowed

Bench: Shri V.Durga Rao & Shri G.Manjunatha

section 147 is based on conjectures, pre-concluded mindset enquires and materials not directly related to the appellants role. 5. Assesses conduct: The Honourable CIT (Appeals) has failed to appreciate the fact that the assessee had discharged his responsibility in proving the transactions and it is for the A.O. to disprove them before making an addition or disallowing the claims

M/S. R.K. INVESTMENTS,CHENNAI vs. DCIT, NCC-3(1),, CHENNAI

The appeal stand allowed in terms of our above order

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1159/Chny/2024 (िनधा*रणवष* / Assessment Year: 2014-15) M/S. R.K. Investments Dcit Ground Floor, Block-Iv, Non-Corporate Circle-3(1) बनाम/ No.184-187,Temple Steps, Chennai. Vs. Anna Salai Little Mount, Chennai-600 015. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaafr-3413-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Vijayaraghavan (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri R. Clement Ramesh Kumar (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 31-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 12-08-2024 आदेश / O R D E R

reassessment to enable him to assume jurisdiction under sec 263. 19. The PCIT ought to have appreciated that for claiming exemption under Section 2(14)(iii), provisions are clear and once they are satisfied, the relief under section 45 read with section 2(14)(iii) would have to be granted and there is no ambiguity in the claim

ASHOK LEYLAND LIMITED,CHENNAI vs. ACIT, LTU-2,, CHENNAI

In the result, the entire appeal of the assessee is set aside and matter remanded back to the file of the CIT(A) for fresh adjudication

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

reassessment has to be quashed. 5. When these facts were confronted to ld. Senior DR, he only relied on the order of CIT(A). 6. After hearing rival contentions and going through the facts, we noted that the CIT(A) has not adjudicated this issue and was misdirected in adjudicating the issue of limitation of notice u/s

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

reassessment are to be examined on a 'stand-alone' basis. Neither anything can be added to the reasons so recorded nor anything be deleted from the reasons so recorded. The Hon'ble Bombay High Court in the case of Hindustan Lever Ltd. v. R.B. Wadkar [2004] 137 Taxman 479/268 ITR 332 inter alia, held "it is needless to mention that

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

THE DHARMAPURI DISTRICT CENTRAL CO-OP. BANK LTD.,DHARMAPURI vs. JCIT, SALEM

The appeal stand partly allowed for statistcial purposes to the extent indicated in the order

Bench: Hon’Ble Shri V. Durga Rao & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No.1188/Chny/2016 (िनधा1रण वष1 / Assessment Year: 2008-09) The Dharmapuri District Central Jcit बनाम/ Co-Operative Bank Ltd. Range-Iii No.81/10H, Bye Pass Road, Salem. Vs. Dharmapuri – 636 701 "थायी लेखा सं./जीआइ आर सं./Pan/Gir No. Aaaat-3148-D (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ" की ओरसे/ Assessee By : Shri T. Vasudevan (Advocate) – Ld. Ar ""थ" की ओरसे/Revenue By : Shri Arv Sreenivasan (Addl.Cit) – Ld. Dr सुनवाई की तारीख/ : 19-04-2022 Date Of Hearing घोषणा की तारीख / : 13-07.2022 Date Of Pronouncement

282), decided the issue in revenue’s favor as under:- 7. Explanatory notes on provisions contained in Circular No. 346 dated 30-1-1982 deals with object of deductions made in respect of payments to associations and doubtful debts under section 36 (1)(viia) of the Act. The relevant extract reads as under:- 17.3 As non-scheduled commercial banks

M/S. FAIRMACS SHIPPING TRANSPORT CO. PVT. LTD.,CHENNAI vs. DCIT, CHENNAI

In the result, the assessee’s appeal is allowed/treated as allowed for

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

147 for the assessment year 2009-10, the AO found that for the payments made at Rs. 15,78,00,945/- TDS was not made, the assessee could not produce any documents till the time of passing the assessment order and hence the AO added Rs. 15,78,00,945/- u/s. 40(a)(ia) for non-deduction of TDS. Aggrieved

TMILNAD MERCANTILE BANK LIMITED,TUTICORIN vs. ACIT, CIRCLE-1, , TIRUNELVELI

In the result, appeal filed by the assessee stands allowed

Bench: Shri Aby T. Varkey & Shri S.R.Raghunathaआयकर अपील सं./Ita No.788/Chny/2024 िनधा"रण वष"/Assessment Year: 2010-11 V. M/S. Tamilnad Mercantile Bank Ltd., The Acit, 57 V E Road, Circle-1, Tuticorin Central Bus Stand, Tirunelveli. S.O. Thoothukudi, Tuticorin-628 002. [Pan: Aaact 5558 K] (अपीलाथ"/Appellant) (""यथ"/Respondent)

282 (SC) which impugned action according to Ld AR is erroneous and legally untenable. According to Ld AR, original assessment in the present case was framed on 17.03.2013, after due enquiry by AO [on issue of allowability of provision u/s 36(1)(viia) of the Act claimed by assesse- bank] and the decision in the case of M/s.Catholic Syrian Bank

ABDUL LATHIEF MAHAMMED ARIF,COIMBATORE vs. ITO, NCW-5(2), COIMBATORE

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

Bench: Shri Manu Kumar Giri & Shri S.R.Raghunatha

147 of the Income Tax Act, 1961 for Assessment Year 2012-13. Abdul Lathief Mohammed Arif (Vs.) ITO Ward 5(2) :: 2 :: 2. Brief facts of the case are that the assessee is an individual salaried employee. He filed his original return of income for the Assessment Year 2012-13 on 26.07.2012 declaring a total income of Rs.9

CHARLES MOPUR ,CHENNAI vs. ITO , INTERNATIONAL TAXATION WARD - 1 (1) , CHENNAI

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

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./Ita No.1000/Chny/2022 िनधा(रण वष( /Assessment Year: 2012-13 Charles Mopur, The Income Tax Officer Old No.9, New No.27, Vs. (International Taxation), Lourdes Cottage, Railway Colony, Ward-I(1), Chennai. Chennai – 600 029. [Pan: Akjpc-6627-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से /Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 07.11.2023 घोषणा क" तारीख /Date Of Pronouncement : 29.12.2023

147 of the Act by taking prior approval of the competent authority. Notice u/s 148 dated 29-03-2019 issued and served upon the assessee. 3. The assessee, in response to that notice filed his return of income for the AY 2012-13 on 13-04-2019 admitting income from salary amounting to Rs. 2,43,854/-, income from other

TAMILNADU STATE APEX CO-OPERATIVE BANK LTD.,CHENNAI vs. ACIT, CHENNAI

The appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Chandra Poojari & Shri G. Pavan Kumar

147 and 250 of the Income Tax Act, 1961 (herein after referred to as ‘the Act’). Since the issue in these two appeals is common in nature, hence these appeals are combined, heard together, and disposed of by a common order for the sake of convenience. 2. The grounds of appeal raised by the assessee are under :- ‘’2. The Learned