CIT v. R.Ramaiah & Ors (Kar)

Kadavanthara Builders Pvt Ltd, Chennai vs. ITO, Ward -4(2), Chennai

The appeal of the assessee is partly allowed for statistical purposes

…(P.) Ltd v. ITo [2020] 183 lTD 650 (Del Trib.) 5. G.Venkataswami Naidu & Co. v. CIT 11959135 FIR 594 (SC) 6. CIT v. Mohakampur Ice & Cold Storage 12-0051281 [FR 354 (Allahabad) 7. Raja J. Rameshwar Rao v. CIT [1961] 42 ITR 179 (SC) 8. CIT v. R. Ramaiah ] 9841 146 ITR 39 (Kar) 9. CIT v. Gopal Purohit [2010] 336 ITR 287 (Born.) 10. Suni I Kurnar Ganeriwal v. DCIT [2011] 134 lTD 179 (Mum - Trib.) 11. Principle of consistency should be accepted Radhasoami Salsang v. CIT [1992] 193 ITR 321 (SC) 12. CIT v. Dairnia Promoters Developers (P) Ltd [2006] 281 ITR 346 (Del.) 13. CIT v. Gopal Purohit [2010] 336 ITR 287 (Born.)…

Kadavanthara Builders Pvt Ltd, Chennai vs. ITO, Ward -4(2), Chennai

The appeal of the assessee is partly allowed for statistical purposes

…(P.) Ltd v. ITo [2020] 183 lTD 650 (Del Trib.) 5. G.Venkataswami Naidu & Co. v. CIT 11959135 FIR 594 (SC) 6. CIT v. Mohakampur Ice & Cold Storage 12-0051281 [FR 354 (Allahabad) 7. Raja J. Rameshwar Rao v. CIT [1961] 42 ITR 179 (SC) 8. CIT v. R. Ramaiah ] 9841 146 ITR 39 (Kar) 9. CIT v. Gopal Purohit [2010] 336 ITR 287 (Born.) 10. Suni I Kurnar Ganeriwal v. DCIT [2011] 134 lTD 179 (Mum - Trib.) 11. Principle of consistency should be accepted Radhasoami Salsang v. CIT [1992] 193 ITR 321 (SC) 12. CIT v. Dairnia Promoters Developers (P) Ltd [2006] 281 ITR 346 (Del.) 13. CIT v. Gopal Purohit [2010] 336 ITR 287 (Born.)…

Sri. G.S. Shivanna(HUF), Bangalore vs. The Principal Commissioner of Income Tax, Bengaluru-4, Bengaluru

In the result, appeal of the assessee is partly allowed

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year : 2015-16 Shri. G. S. Shivanna (Huf), Pcit, Vs. No.3, Basaveshwara Nilaya, Bengaluru – 4, Yelachenahalli, Kanakapura Road, Bengaluru. Bengaluru – 560 078. Pan : Aaahg 7097 K Appellant Respondent Assessee By : Shri. Satish S, Advocate Revenue By : Shri. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 25.08.2022 Date Of Pronouncement : 30.08.2022 O R D E R Per N. V. Vasudevan

…ter getting the land converted for non-agricultural use. In view of the decision of Hon’ble Supreme Course in the case of Raja J. Rameshwar Rao vs CIT [1961] 42 ITR 179 and the decision of jurisdictional High Course in the case of R. Ramaiah and others [1984] 146 ITR 39 (Kar) there is a possibility of holding these transaction as adventure in the nature of trade and taxing the income from the sale of plots as the income from business. However, no enquiries in this regards has been made by the AO. Therefore, it is held that the assessment order passed by the AO is erroneous and prejudicial to the interest revenue…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

Bench: Shri Jason P Boaz

…residential sites was correctly brought to tax as ‘Business Income’ by the AO for the aforesaid Assessment Years. In this regard, the learned DR placed reliance on the decision of the Hon’ble Karnataka High Court in the case of CIT Vs. Shri R. Ramaiah (1984) 146 ITR 39 (Karnataka). 7.4 In rejoinder, the learned AR for the assessee submitted that the decision of the Hon’ble Karnataka High Court in the case of Shri. R. Ramaiah ITA Nos. 2807 to 2810/Bang/2018 Page 17 of 22 (supra) is distinguishable as the facts therein showed that there was an intention to trade as the several assessee who purchased the lands ha…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

Bench: Shri Jason P Boaz

…residential sites was correctly brought to tax as ‘Business Income’ by the AO for the aforesaid Assessment Years. In this regard, the learned DR placed reliance on the decision of the Hon’ble Karnataka High Court in the case of CIT Vs. Shri R. Ramaiah (1984) 146 ITR 39 (Karnataka). 7.4 In rejoinder, the learned AR for the assessee submitted that the decision of the Hon’ble Karnataka High Court in the case of Shri. R. Ramaiah ITA Nos. 2807 to 2810/Bang/2018 Page 17 of 22 (supra) is distinguishable as the facts therein showed that there was an intention to trade as the several assessee who purchased the lands ha…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

Bench: Shri Jason P Boaz

…residential sites was correctly brought to tax as ‘Business Income’ by the AO for the aforesaid Assessment Years. In this regard, the learned DR placed reliance on the decision of the Hon’ble Karnataka High Court in the case of CIT Vs. Shri R. Ramaiah (1984) 146 ITR 39 (Karnataka). 7.4 In rejoinder, the learned AR for the assessee submitted that the decision of the Hon’ble Karnataka High Court in the case of Shri. R. Ramaiah ITA Nos. 2807 to 2810/Bang/2018 Page 17 of 22 (supra) is distinguishable as the facts therein showed that there was an intention to trade as the several assessee who purchased the lands ha…

Smt Janaki Amma, Shivamogga vs. The Income Tax Officer Ward-2, Shivamogga

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed and the other appeals for Assessment Years 2011-12 to 2013-14

Bench: Shri Jason P Boaz

…residential sites was correctly brought to tax as ‘Business Income’ by the AO for the aforesaid Assessment Years. In this regard, the learned DR placed reliance on the decision of the Hon’ble Karnataka High Court in the case of CIT Vs. Shri R. Ramaiah (1984) 146 ITR 39 (Karnataka). 7.4 In rejoinder, the learned AR for the assessee submitted that the decision of the Hon’ble Karnataka High Court in the case of Shri. R. Ramaiah ITA Nos. 2807 to 2810/Bang/2018 Page 17 of 22 (supra) is distinguishable as the facts therein showed that there was an intention to trade as the several assessee who purchased the lands ha…