ACIT,, CHENNAI vs. SRI. K.SRIKANTH,, CHENNAI

In the result, all the four appeals adjudicated by us in this order are partly allowed

Bench: Shri George Mathan & Shri Ramit Kochar

u/s 143(2) will not make AO remediless u/s 147/148 of the 1961 Act. The learned CIT-DR relied upon decision of Hon’ble Supreme Court in the case of CIT v. P.V.S.Beedies Private Limited reported in (1999) 237 ITR 13(SC) and it was submitted that even objections raised by internal audit party could be basis for reopening

SHRI K.SRIKANTH,CHENNAI vs. ACIT, CHENNAI

In the result, all the four appeals adjudicated by us in this order are partly allowed

Bench: Shri George Mathan & Shri Ramit Kochar

u/s 143(2) will not make AO remediless u/s 147/148 of the 1961 Act. The learned CIT-DR relied upon decision of Hon’ble Supreme Court in the case of CIT v. P.V.S.Beedies Private Limited reported in (1999) 237 ITR 13(SC) and it was submitted that even objections raised by internal audit party could be basis for reopening

K.R.JAYARAM,CHENNAI vs. ACIT, COIMBATORE

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

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

2 to section 147 , it must be on material and it should have nexus for holding such opinion contrary to what has been expressed earlier. Even after the amendment of section 147 mere change of opinion does not confer jurisdiction on the Income-tax Officer to initiate proceedings for reassessment merely by resorting to Explanation 1 to section 147

SARAVANAN ARUMUGAM,CHENNAI vs. ITO, CHENNAI

147 r.w.s 144 / 144B of the Income Tax Act (herein after referred as the 'Act'). No return of income for AY-2014-15 was filed by the assessee in response to notice u/s 148 also. In response to show cause notice u/s 144, the assessee had informed that it had purchased an immovable property for Rs.3

RAMDOSS RAMVIJAY KUMAR,,CHENNAI vs. ITO, NCW - 14(5),, CHENNAI

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

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.: 3096/Chny/2019 िनधा"रण वष" / Assessment Year: 2006-07

147 of the Act on 27.03.2014 and determined total income of Rs. 16,45,420/- by making additions of Rs. 13,49,975/- towards computation of capital gains from sale of property by adopting full value of consideration as per the provisions of section 50C of the Act. :-4-: ITA. No: 3096/Chny/2019 4. Being aggrieved by the assessment order

M/S. RAGHUNATH GREEN POWER (P) LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, both the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 3084 & 3086/Chny/2019 िनधा"रण वष"/Assessment Year: 2005-06 M/S. Raghunath Green Power Pvt. Ltd., The Assistant Commissioner Of No. 16, Cenotaph Road, Teynampet, Vs. Income Tax, Company Circle V(3), Chennai 600 018. Chennai. [Pan:Aadcr1513K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri G. Chandrababu, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 27.01.2021 घोषणा की तारीख /Date Of Pronouncement : 11.03.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Appeals Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 3, Chennai, Dated 18.09.2019 Relevant To The Assessment Year 2014-15 Passed Against The Assessment Order Under Section 143(3) R.W. Section 147 Of The Income Tax Act, 1961 [“Act” In Short] As Well As Against The Rectification Order Passed Under Section 154 Of The Act.

2 I.T.A. Nos. 3084 & 3086/Chny/19 r.w. section 147 of the Act dated 22.12.2011, in which capital gains at ₹.60,02,099/- was determined by the Assessing Officer against the long term capital loss admitted by the assessee at ₹.25,70,937/-. On its appeal, vide order in I.T.A. No. 2307/Mds/2013 dated 11.09.2015, the ITAT has remitted the matter back

M/S. RAGHUNATH GREEN POWER (P) LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, both the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A. Nos. 3084 & 3086/Chny/2019 िनधा"रण वष"/Assessment Year: 2005-06 M/S. Raghunath Green Power Pvt. Ltd., The Assistant Commissioner Of No. 16, Cenotaph Road, Teynampet, Vs. Income Tax, Company Circle V(3), Chennai 600 018. Chennai. [Pan:Aadcr1513K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Baskar, Advocate ""थ" की ओर से/Respondent By : Shri G. Chandrababu, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 27.01.2021 घोषणा की तारीख /Date Of Pronouncement : 11.03.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Appeals Filed By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 3, Chennai, Dated 18.09.2019 Relevant To The Assessment Year 2014-15 Passed Against The Assessment Order Under Section 143(3) R.W. Section 147 Of The Income Tax Act, 1961 [“Act” In Short] As Well As Against The Rectification Order Passed Under Section 154 Of The Act.

2 I.T.A. Nos. 3084 & 3086/Chny/19 r.w. section 147 of the Act dated 22.12.2011, in which capital gains at ₹.60,02,099/- was determined by the Assessing Officer against the long term capital loss admitted by the assessee at ₹.25,70,937/-. On its appeal, vide order in I.T.A. No. 2307/Mds/2013 dated 11.09.2015, the ITAT has remitted the matter back

BALASUBRAMANIAN ADITYAN LEGAL HEIR OF DR. B SIVANTHI ADITYAN,CHENNAI vs. DCIT CORPORATE CIRCLE 6 (2), CHENNAI

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1700/Chny/2018 िनधा"रण वष"/Assessment Year: 2007-08 Balasubramanian Adityan, Vs. The Deputy Commissioner Of Legal Heir Of Dr. B. Sivanthi Adityan, Income Tax, No. 6, E.V.K. Sampath Road, Corporate Circle 6(2), Vepery, Chennai 600 007. Chennai 600 034. [Pan:Aampa7576R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri V.S. Jayakumar, Sr. Advocate For Shri Pmn Bhagavath Krishnan, Adv. ""थ" की ओर से/Respondent By : Shri Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 19.07.2023 घोषणा की तारीख /Date Of Pronouncement : 30.08.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 15, Chennai, Dated 28.02.2018 Relevant To The Assessment Year 2007-08. In The Appeal, The Assessee Has Raised Following Grounds: 1. The Order Of The Commissioner Of Income Tax Appeals Is Contrary To Law & Facts Of The Case. 2. Reassessment Made Us 147: (I) The Commissioner Of Income Tax Appeals Erred In Confirming The Reassessment Made U/S 147 Of The Income Tax Act. 1961. 2

u/s 147 of the Income tax Act. 1961. 2 I.T.A. No. 1700/Chny/18 (ii) The Commissioner of Income Tax Appeals failed to note that the reassessment has been made without adhering to the provisions off Sec 159 of the Income tax Act. 1961. (iii) The Commissioner of Income Tax Appeals had erred in relying on the order

EDWIN SELVARAJ SUNDRARAJ,SALEM vs. THE ITO, WARD -1(4), SALEM

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.: 783/Chny/2022 िनधा"रण वष" / Assessment Year: 2014-15

2(47)(v) of the Act, deemed transfer took place for the assessment year 2013-14, and thus, the question of computation of capital gains for assessment year 2014-15 does not arise, when the POA holder transferred the property in favour of his wife Mrs. Krishna. :-4-: ITA. No:783 /Chny/2022 4. The AO, however, was not convinced with

SUNDARAKRISHNAN,CHENNAI vs. PCIT, COIMBATORE

Bench: Shri Manu Kumar Giri, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1935/Chny/2024 िनधा"रण वष" / Assessment Year: 2014-15 Sundarakrishnan, Principal Commissioner Of No. 15, 5Th Main Road, V. Income Tax, Kasturba Nagar, Coimbatore -1. Adyar – 600 020. [Pan: Arbps-4782-R] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. Y. Sridhar, Fca ""यथ" क" ओर से/Respondent By : Shri. R. Clement Ramesh Kumar, Cit सुनवाई क" तारीख/Date Of Hearing : 04.02.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.02.2025 आदेश /O R D E R Per S. R. Raghunatha:

reassessment order is not erroneous on the aspect of applying the provisions of Section 50C, when the same was not the subject matter of this proceedings and hence revising this order is outside the scope of Section 263, more particularly on the aspect of Section 50C. 5.4 From the detailing made above, the ld.AR submitted that it can be easily

KALYANASUNDARAM BHARATH HARI,CHITTLAPAKKAM,CHENNAI vs. ITO, INT. TAX WARD 1(1), CHENNAI, CHENNAI

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

Bench: Shri Mahavir Singhand Shri S.R. Raghunatha

50C and within the meaning of section 147 of the Income Tax Act, for a sum Rs.29,20,000/-. Therefore, for the year under consideration, the assessee had undervalued his inform from long term capital gains out of the above said transactions and provisions of clause (c) of explanation 2 to sec.147 are applicable to facts of this case

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

P.PANJURAJAN,SIVAKASI vs. DCIT, CC-2,, MADURAI

In the result, appeal filed by the assessee is allowed

Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI S. R. RAGHUNATHA (Accountant Member)

147 and notice u/s 148 dated 13.03.2013 was issued. In response, the appellant filed a letter on 27.11.2013, requesting to treat the return of income already filed on 31.12.2009 as the return of income filed in response to notice u/s 148. The assessment was completed u/s 143(3) r.w.s.147 on 27.03.2014 adding Rs. 10,16,000/- u/s