Gundathur Thimmappa & Sons. v. CIT

Mr. Saleem Thangal Kader Palkad, Udupi vs. Assistant Commissioner of Income-Tax, Central Circle-2, Udupi

In the result, the appeals of the assessee are partly allowed

Bench: Shri Laxmi Prasad Sahu & Ms. Madhumita Roy

…decision of the Hon'ble Apex Court in the case of National Thermal Power Company Limited Vs. CIT, reported in 229 ITR 383 and also on the ratio of the decision of the Hon'ble Karnataka High Court in the case of Gundathur Thimmappa & Sons Vs. CIT, reported in 70 ITR 70. 8. After hearing both the parties and considering the material on record, respectfully following the Hon’ble Supreme Court judgment in the case of M/s National Thermal Power Co. Ltd. Vs. CIT, 229 ITR 383 (SC), the additional grounds are admitted for adjudication. 9. During the course of hearing, the ld. AR first pressed the additional grounds No.…

M/S. Primary Co-Operative Agricultural & Rural Development Bank, Karkala vs. Income Tax Officer, Ward (1) & Tps, Udupi

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

…decision of the Hon'ble Apex Court in the case of National Thermal Power Company Limited Vs. CIT, reported in 229 ITR 383 and also on the ratio of the decision of the Hon'ble Karnataka High Court in the case of Gundathur Thimmappa & Sons Vs. CIT, reported in 70 ITR 70. 3. After hearing both the parties, since the additional grounds raised by the assessee do not require fresh investigation into facts, which otherwise are on the record and also pure question of law, Respectfully following the Hon'ble Apex Court judgment in the case of Page 4 of 7 National Thermal Power Company Limited (supra), the additional grou…

Shri. Bangalore Narayan Das, Bengaluru vs. Income-Tax Officer, (International Taxation-1(1), Bengaluru

In the result the appeal filed by the assessee for assessment year 2014-15 & 2017-18 stands allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos. 120 & 121/Bang/2022 (Assessment Years: 2014-15 & 2017-18)

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “B”, BANGALORE Before Shri Chandra Poojari, Accountant Member and Smt. Beena Pillai, Judicial Member IT(IT)A Nos. 120 & 121/Bang/2022 (Assessment Years: 2014-15 & 2017-18) Shri Bangalore Narayan vs Income Tax Officer Ward Das International Taxation -1(1) No.600, Chandana, Income Tax Department 19th Cross Bengaluru, BMTC Building 23rd A Main, HSR Layout 80 ft Road, 6th Block 2nd Stage Koramangala Bengaluru-560 101 Bengaluru-5600 095 PAN – ALVPD7252K (Appellant) (Respondent) Assessee by: Shri Ravishankar. S.V, Advocate and Sri Joseph Varghese, Advocate Revenu…

Shri. Bangalore Narayan Das, Bengaluru vs. Income-Tax Officer, (International Taxation-1(1), Bengaluru

In the result the appeal filed by the assessee for assessment year 2014-15 & 2017-18 stands allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos. 120 & 121/Bang/2022 (Assessment Years: 2014-15 & 2017-18)

…IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCHES “B”, BANGALORE Before Shri Chandra Poojari, Accountant Member and Smt. Beena Pillai, Judicial Member IT(IT)A Nos. 120 & 121/Bang/2022 (Assessment Years: 2014-15 & 2017-18) Shri Bangalore Narayan vs Income Tax Officer Ward Das International Taxation -1(1) No.600, Chandana, Income Tax Department 19th Cross Bengaluru, BMTC Building 23rd A Main, HSR Layout 80 ft Road, 6th Block 2nd Stage Koramangala Bengaluru-560 101 Bengaluru-5600 095 PAN – ALVPD7252K (Appellant) (Respondent) Assessee by: Shri Ravishankar. S.V, Advocate and Sri Joseph Varghese, Advocate Revenu…

Kattehosahalli Subbegowda Gowramma, Mysuru vs. The ITO, Ward- 1(2), Mysore

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

Bench: Shri Chandra Poojarikattehosahalli Subbegowda Vs The Income Tax Officer- 1(2) Gowramma Mysore 7, 8Th Main. Citb Choultry Road Hebbal 1St Stage, Mysuru 570017 Pan – Altpg5012A (Appellant) (Respondent) Assessee By: Shri S.V. Ravishankar, Advocat3 Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 16.01.2023 Date Of Pronouncement: 16.01.2023 O R D E R Per: Chandra Poojari, A.M. This Appeal By The Assessee Is Directed Against The Order Of The Cit(A), National Faceless Appeal Centre (Nfac), Delhi Dated 12.10.2022 For Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Order Passed By The Hon'Ble Commissioner Of Income Tax (Appeals), Nfac, Passed Under Section 250 Of The Income Tax Act, 1961 ("The Act") In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2. The Appellant Denies Herself To Be Assessed At Rs.6,80,100/- As Against The Returned Income Of Rs.2,91,740/- After Claiming Exemption Of Agricultural Income Rs.6,28,36O/-On The Facts & Circumstances Of The Case.

…nd are also pure question of law. He placed reliance on the judgment of the Hon'ble Supreme Court in the case of NTPC Ltd. vs. CIT (1998) 229 ITR 382 (SC) and also the judgement of Hon'ble Karnataka High Court in the case of Gundathur Thimmappa & Sons vs. CIT 70 ITR 70 (Kar.) and prayed that these additional grounds may be admitted in the interest of justice and adjudicated. 4. The learned D.R. strongly opposed admission of additional grounds and also submitted that there is no reasonable cause for not raising these grounds before the lower authorities on earlier occasions. 5. I have heard the rival contentions…

Heritage Grape Winery Private Limited, Bangalore vs. The Principal Commissioner of Income Tax, Bangalore-3, Bangalore

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…e Appellant begs to place reliance on the decision the Hon'ble Supreme Court in the case of National Thermal Power Corporation Ltd v/s. CIT 229 ITR 383 (SC) and jurisdictional High Court of Karnataka in the case of Gundathur Thimmappa and Sons v/s. CIT (1968) 70 ITR 70. ITA No.514/Bang/2022 M/s. Heritage Grape Winery Pvt. Ltd., Bangalore Page 4 of 52 Therefore, the Appellant Company respectfully prays that this Hon'ble Bench be pleased to admit the Additional Ground of Appeal for adjudication in the interest of equity and substantial justice.” 3. The ld AR for the assessee submitted that the order passed u/s 2…

Deputy Commissioner of Income Tax, Circle-1(1), Hubballi vs. M/S. Karnataka Vikas Grameen Bank Limited, Dharwad

In the result, the appeal of assessee is partly allowed and the appeal of the revenue is dismissed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

…decision of the Hon'ble Apex Court in the case of National Thermal Power Company Limited Vs. CIT, reported in 229 ITR 383 and also on the ratio of the decision of the Hon'ble Karnataka High Court in the case of Gundathur Thimmappa & Sons Vs. CIT, reported in 70 ITR 70. 2. Whether the assessee being a Regional Rural Bank (RRB) is a Cooperative society for the purpose of deduction under section 8oP of the Act? Brief History: a) The Central government after consultation with the National Bank for Agriculture and Rural Development (hereinafter referred to as NABARD) and Syndicate Bank, (which was the sponsor for Mal…

M/S Karnataka Vikas Grameena Bank, Dharwad vs. Assistant Commissioner of Income Tax, Circle-2(1), Hubballi

In the result, the appeal of assessee is partly allowed and the appeal of the revenue is dismissed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

…decision of the Hon'ble Apex Court in the case of National Thermal Power Company Limited Vs. CIT, reported in 229 ITR 383 and also on the ratio of the decision of the Hon'ble Karnataka High Court in the case of Gundathur Thimmappa & Sons Vs. CIT, reported in 70 ITR 70. 2. Whether the assessee being a Regional Rural Bank (RRB) is a Cooperative society for the purpose of deduction under section 8oP of the Act? Brief History: a) The Central government after consultation with the National Bank for Agriculture and Rural Development (hereinafter referred to as NABARD) and Syndicate Bank, (which was the sponsor for Mal…

M/S. Navajyothi Trust, Mysuru vs. Income Tax Officer, Exemption Ward, Mysuru

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

Bench: Shri Chandra Poojariassessment Year: 2017-18

…acts for the purpose of adjudication of the additional grounds and he placed reliance on the judgement of Hon’ble Supreme Court in the case of NTPC Vs. CIT 229 ITR 383, Hon’ble High Court of Karnataka decision in the case of Gundattur Thimmappa & Sons Vs. CIT 70 ITR 70 and in the case of Sankeshwara Pvt. Ltd. 218 Taxman 360. 5. The Ld. D.R. strongly opposed the admission of additional grounds. 6. I have heard the rival submissions and perused the materials available on record. In my opinion, the plea of the assessee with regard to admission of additional ground is justified as of the facts related to the additio…

M/S. Mother Earth Environ Tech Private Limited, Bangalore vs. Income-Tax Officer, Ward-4(1)(4), Bengaluru

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

…in the advancement of substantial cause of justice and placed reliance on the judgement of Hon’ble Supreme Court in the case of NTPC Vs. CIT reported in 229 ITR 383 and also the judgement of Hon’ble Karnataka High Court in the case of Gundathur & Ors. Vs. CIT 70 ITR 70. 2.1. We have heard both the parties and perused the materials available on record on the admission of additional grounds. In our opinion, there is a good and sufficient reason for not raising these additional grounds on earlier occasion and accordingly, in the interest of justice, we admit these additional grounds for adjudication. 3. Now coming…

Sri Simhadri Ponnaluru Reddy, Bangalore vs. Deputy Commissioner of Income Tax, Circle - 3(1)(1), Bangalore

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2015-16

…ITA No.1106/Bang/2019 Sri Simhadri Ponnaluru Reddy, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment Year: 2015-16 Sri Simhadri Ponnaluru Reddy 439, 11th Main, 3rd Cross, 3rd Block Deputy Commissioner of Koramangala Income-tax Vs. Bengaluru 550 034 Circle-3(1)(1) Bengaluru PAN NO : ACHPK6145K APPELLANT RESPONDENT Appellant by : Shri Ravi Shankar, A.R. Respondent by : Smt. Priyadarshini Baseganni, D.R. Date of Hearing : 05.07.2022 Date of Pronouncement : 05.07.2022 O R D E R PER CHANDRA POO…

Shri M. Thimmegowda, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle - 1(3), Bangalore

In the result, both the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…ed of on merits for the advancement of substantial cause of justice. Reliance is placed on the decision of the Supreme Court in National Thermal Power Co. Ltd. v. CIT (229 ITR 383) and decision of the Karnataka High Court in Gundathur Thimmappa & Sons v. CIT (70 ITR 70). 5. We have heard both the parties. These additional grounds go to the root of the matter not involving any fresh investigation into facts. Accordingly, following the Supreme Court judgment in the case of National ITA Nos.1035 & 1036/Bang/2019 Page 4 of 78 Thermal Power Co. Ltd. (supra), we admit the additional grounds for adjudication. 6. The…

Shri M. Thimmegowda, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle - 1(3), Bangalore

In the result, both the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…ed of on merits for the advancement of substantial cause of justice. Reliance is placed on the decision of the Supreme Court in National Thermal Power Co. Ltd. v. CIT (229 ITR 383) and decision of the Karnataka High Court in Gundathur Thimmappa & Sons v. CIT (70 ITR 70). 5. We have heard both the parties. These additional grounds go to the root of the matter not involving any fresh investigation into facts. Accordingly, following the Supreme Court judgment in the case of National ITA Nos.1035 & 1036/Bang/2019 Page 4 of 78 Thermal Power Co. Ltd. (supra), we admit the additional grounds for adjudication. 6. The…

Indus League Clothing Ltd, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-11(4), Bengaluru

In the result, assessee’s appeal is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2006-07

…d off on merits for the advancement of substantial cause of justice. Reliance is placed on the decision of the Supreme Court in National Thermal Power Co. Ltd. v. CIT (229 ITR 383) and decision of the Karnataka High Court in Gundathur Thimmappa & Sons v. CIT (70 ITR 70). Page 3 of 12 1. The Learned Assessing Officer ('LAO') erred in fact and in law in not allowing depreciation as claimed by the Appellant with respect to the trademark and undertaking the disallowance by not considering the actual cost of the trademark as was incurred and paid by the Appellant. 2. The LAO erred in fact and in law in re-working the…

Shri.B.H.Basha, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…is prayed that additional ground may be admitted for advancement of substantial case of justice having regarded to the ratio laid down in National Thermal Power Co. Ltd., Vs. CIT (1998) 229 ITR 383 (SC) and Gundathur Thimmappa and Sons Vs. CIT, Mysore (1968) 70 ITR 70 (Kar). 62. We have heard both the parties on admission of above additional grounds. In our opinion, these are legal issued and it does not require any investigation of facts which are already on record. Accordingly by placing reliance on the judgment of Hon’ble Supreme Court in the case of National Thermal Power Co. Ltd., cited Supra, we admit the…

Shri. G B Shivarajappa, Bangalore vs. Income Tax Officer, Ward - 4(2)(4), Bangalore

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

Bench: Shri George George K

…assessee had relied on the Hon’ble Apex Court judgment in the case of National Thermal Power Company Limited v. CIT reported in 229 ITR 383 and also the judgment of the Hon’ble Karnataka High Court in the case of Gundathur Thimmappa & Sons v. CIT reported in 70 ITR 70. The reasons stated / the prayer for admission of additional ground, reads as follow:- “The appellant has received sale proceeds from the sale of ancestral property, which was apportioned among the family members including his son. The appellant on account of his health condition has invested the sale proceeds in a house 7 Sri.G.B.Shivarajappa. p…

Mr. Mohammed Sharaq, Bengaluru vs. Income Tax Officer, Ward- 7(2)(1), Bengaluru

In the result this ground as well as additional ground is dismissed

Bench: Shri Chandra Poojariassessment Year : 2016-17 Shri. Mohammed Sharaq, Income-Tax Officer, No.31/1, 3Rd Cross, 8Th Main, Ward-7[2][1], Cchs Layout, 1St Block, Jayanagar, Vs. Bengaluru. Bengaluru-560 011. Pan : Auopm 6300 P Appellant Respondent Assessee By : Shri. Narendra Sharma, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 05.04.2021 Date Of Pronouncement : 07.04.2021

…d also pure question of law and prayed to admit the additional ground placing reliance on the judgment of Supreme Court in the case of NTPC Ltd., Vs. CIT 229 ITR 383 and also judgment of Karnataka High Court in the case of Gundathur Thimmappa And Sons Vs. CIT 70 ITR 70. The DR did not put any serious objections for admission of additional grounds. After hearing both the parties, we are of the opinion that the grounds raised by assessee do not require any investigation of facts and by placing reliance on judgment of Supreme Court in the case of NTPC Ltd., we are inclined to admit the additional grounds for adjudic…

Nitesh Shetty, Bangalore vs. Deputy Commissioner of Income Tax Circle-5(1)(2), Bangalore

In the result appeal filed by assessee stands allowed

Bench: Shri. B. R. Baskaran & Smt. Beena Pillaiassessment Year : 2007-08

…passed by authorities below. He thus relying on the decision of Hon’ble Supreme Court in case of National Thermal Power Co Ltd vs CIT reported in 229 ITR 383 and decision of Hon’ble Karnataka High Court in case of Gundathur Thimmappa & Sons vs CIT reported in 70 ITR 70, prayed for admission of the Additional Grounds raised before this Tribunal. 10. On the contrary, Ld.Sr.DR objected for grounds to be admitted for the reason that, these were not raised before authorities below. She submitted that legal issue raised by assessee before this Tribunal is an afterthought. 11. We have perused submissions advanced by bot…

M/S Trx Technologies India Pvt. Ltd., Bangalore vs. DCIT, Bangalore

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

Bench: Shri A.K. Garodia & Shri George George K

…el for the assessee relied on the judgment of the Hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. Vs. CIT reported in 229 ITR 383 (SC) and decision of Hon'ble Mysore High Court in the case of Gundathur Thimmappa & Sons Vs. CIT reported in 70 ITR 70 (Mysore). 4 IT(TP)A No.487/Bang/2016 3.2. The additional grounds raised does not require investigation of any new facts. All the facts for adjudication of the additional grounds are on record. Therefore for advancement of substantial cause and justice in the light of the judgment of the Hon'ble Supreme Court in case of National Thermal Power Co. L…