Karanvir Singh Gossal v. CIT

Chandanahalli Nagarajaiah Shashikiran, Bangalore vs. Assistant Commissioner of Income Tax Circle 2(2)(1), Bangalore

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

Bench: Ms. Padmavathy S. & Shri Prakash Chand Yadavchandanahalli Nagarajaiah Acit, Circle - 2(2)(1) Shashikiran Bmtc Building No. 1954, 8Th Main, 'E' Block Vs. Koramangala Rajajinagar, Bangalore 560010 Bengluru 560095 Pan – Assps8286Q (Appellant) (Respondent) Assessee By: Shri Ravindra M. Hegde, Ca Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 21.10.2024 Date Of Pronouncement: 23.10.2024 O R D E R Per: Padmavathy S., A.M. This Appeal Of The Assessee Is Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Cit(A)] Dated 07.06.2024 For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1) The Order Of The Learned Commissioner Of Income Tax (Appeal), Passed Under Section 250 Of The Act In So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2) The Appellant Denies Himself Liable To Be Assessed Total Income Of Rs. 4,39,15,228/- Against The Return Of Income Of Rs. 1,46,83,360/- On The Facts & Circumstances Of The Case.

…hough the proof of investment was submitted by the appellant on the facts and in circumstances of the case. 8) Without prejudice to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies herself liable to be charged to interest under section 234 of the Income Tax Act under the facts and circumstances of the case. The appellant contends that the levy of interest under section 234A, 234 B and 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned asses…

Apollo Education Trust, Bangalore vs. ACIT Central Circle 1(4), Bangalore

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

…tion 68 of the Act is not justified and requires to be deleted on the facts and circumstances of the case. 9. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 At 234 B and 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B and 234 C of the Act is also bad in law as the period, rate, ITA Nos.1212 to 1215/Bang/2024 Apollo Educati…

Apollo Education Trust, Bangalore vs. ACIT Central Circle 1(4), Bangalore

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

…tion 68 of the Act is not justified and requires to be deleted on the facts and circumstances of the case. 9. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 At 234 B and 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B and 234 C of the Act is also bad in law as the period, rate, ITA Nos.1212 to 1215/Bang/2024 Apollo Educati…

Apollo Education Trust, Bangalore vs. ACIT Central Circle 1(4), Bangalore

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

…tion 68 of the Act is not justified and requires to be deleted on the facts and circumstances of the case. 9. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 At 234 B and 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B and 234 C of the Act is also bad in law as the period, rate, ITA Nos.1212 to 1215/Bang/2024 Apollo Educati…

Apollo Education Trust, Bangalore vs. ACIT Central Circle 1(4), Bangalore

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

…tion 68 of the Act is not justified and requires to be deleted on the facts and circumstances of the case. 9. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 At 234 B and 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B and 234 C of the Act is also bad in law as the period, rate, ITA Nos.1212 to 1215/Bang/2024 Apollo Educati…

Vipra Vividhoddesha Souharda Sahakari Sangha Niyamitha, Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivmoga

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member

…he case. The learned AO ought to have allowed cost of funds of Rs.33,13,204/- as per computation attached. 8. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 A,234 B & 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B & 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the le…

Vipra Vividhoddesha Souharda Sahakari Sangha Niyamitha, Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivmoga

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member

…he case. The learned AO ought to have allowed cost of funds of Rs.33,13,204/- as per computation attached. 8. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 A,234 B & 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B & 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the le…

Vipra Vividhoddesha Souharda Sahakari Sangha Niyamitha, Shivamogga vs. Income Tax Officer, Ward-1 & Tps, Shivmoga

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member

…he case. The learned AO ought to have allowed cost of funds of Rs.33,13,204/- as per computation attached. 8. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 A,234 B & 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B & 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the le…

Bsnl Employees Co-Operative Credit Society Limited, Hubli vs. Assistant Commissioner of Income Tax, Circle-3(1), Hubli

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

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2012-13

…ile treating the interest earned as income from other sources, on the facts and circumstances of the case. 8. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234B & 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 B & 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessin…

Mohammed Niyamath Ulla, Bengaluru vs. Income Tax Officer, Ward-1(2)(8), Bengaluru

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

Bench: Shri Chandra Poojari & Shri Soundararajan Kassessment Year : 2017-18

…g the year from the known, available and explainable sources, on the facts and circumstances of the case. 10. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies himself liable to be charged to interest under section 234 B of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A tt 234 B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing off…

Shri. Boregowda Rajanna, Bangalore vs. Income-Tax Officer, Ward-3(3)(1), Bangalore

In the result, the appeal filed by the assessee stands partly

Bench: Shri Chandra Poojari & Smt Beena Pillai

…f natural justice and thus the additions confirmed needs to be deleted on the facts of the case. 10. Interest: Without prejudice to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies herself liable to be charged to interest under section 234 B of the Income Tax Act on the facts and circumstances of the case. Further the levy of interest under section 234 B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is levied are all not discernible from…

Chethan Narayan, Hassan vs. Deputy Commissioner of Income Tax, Central Circle-1(4), Bengaluru

In the result, appeal of the assessee is allowed

Bench: Shri Laxmi Prasad Sahu & Shri Sandeep Singh Karhailassessment Year : 2018-19

…r and the same has to be reduced substantially, on the facts and circumstances of the case. Page 3 of 22 7. Without prejudice, to the right to seek waiver, as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies himself liable to be charged to interest under section 234 A, 234 B E. 234 C of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 A, 234 B Et 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by th…

Shri. B.L. Nagendra Prasad, Bengaluru vs. Income-Tax Officer, Ward-5(2)(3), Bengaluru

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

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

…t be made applicable to the transactions prior to 15/12/2016, on the facts and circumstances of the case. 10. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies himself liable to be charged to interest under section 234 B of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234 B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing officer on w…

Shri. Rahul Udayashankar, Bengaluru vs. Income Tax Officer, International Taxation, Ward-2(1), Bengaluru

In the result the appeal of the assessee is partly allowed

Bench: Shri Chandra Poojariassessment Year : 2017-18

…k notes which were no longer legal tender does not hold water on the facts and circumstances of the case . 17. Without prejudice to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies himself liable to be charged to interest under Section 234B of the Income Tax Act on the facts and circumstances of the case. Further the levy of interest under Section 234B of the Act is also bad in law as the period, rate, quantum Shri Rahul Udayashankar, Bangalore Page 4 of 26 and method of calculation adopted on which…

Lord Venkateshwara Ladies Educational and Welfare Trust, Bangalore vs. Income Tax Officer, Exemptions Ward-1, Bangalore

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

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2017-18 M/S. Lord Venkateshwara Ladies Vs. Ito (Exemption), Educational & Welfare Trust, Ward –1, No.1696, Bengaluru. 5Th ‘A’ Cross, Banashankari 1St Stage, Bengaluru – 560 080. Pan : Aaatl 6403 G Appellant Respondent Assessee By : Shri. Ravishankar, Advocate Revenue By : Shri. V. Parithivel, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 30.11.2023 Date Of Pronouncement : 01.12.2023

…the impugned appellate order passed requires to be cancelled, on the facts and circumstances of the case. 11.Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 B of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234A& 234Bof the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing officer o…

Rajaram Ganapati Bhat, Yellapur vs. Income Tax Officer, Ward-1(1), Hubli

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

…led position of law that "consent does not confer jurisdiction' on the facts and circumstances of the case. 6) Without prejudice to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies herself liable to be charged to interest under section 234 of the Income Tax Act under the facts and circumstances of the case. The appellant contends that the levy of interest under section 234A, 234 B and 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned asses…

M/S Desai & Co., Hubballi vs. Assistant Commissioner of Income Tax Circle-1(1), Hubballi

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

…genuine and are for the purposes of business of the appellant, on the facts and circumstances of the case 5. Without prejudice, to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234 B of the Income Tax Act on the facts and circumstances of the case. The appellant contends that the levy of interest under section 234A,-234 B& 234Cof the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing of…

Shri. Kishore Kandikere, Bangalore vs. Income-Tax Officer, Ward-International Taxation 1(2), Bangalore

In the result the appeals filed by the assessees are allowed for statistical purposes and the stay petitions are dismissed

Bench: Shri Laxmi Prasad Sahuit(It)A No. 99/Bang/2023 & Sp No. 09/Bang/2023 (Assessment Year: 2017-18) Shri Kishore Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) It(It)A No. 100/Bang/2023 & Sp No. 10/Bang/2023 (Assessment Year: 2017-18) Rekha Channabasappa Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Ravishankar S.V., Advocate Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 20.03.2023 Date Of Pronouncement: 21.03.2023 O R D E R Per: Laxmi Prasad Sahu, A.M. These Appeals Have Been Filed By Two Different Assessee’S Against Separate Orders Passed By The Cit(A)-12, Bengaluru Vide Din No. Itba/Apl/M/250/ 2022-23/1043375089(1) & Itba/Apl/M/250/ 2022-23/1043374813(1)

…g of the provisions of Section 115BBE of the Act is bad in law, on the facts and circumstances of the case. e. Without prejudice to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, Appellant denies himself liable to be charged to interest under Sections 234A and 234B of the Act in view of the fact and circumstances of the case. Further the levy of interest under Sections 234A and 234B of the Act is also bad in law as the rate, period and on what quantum the interest has been levied and method of calculation on which intere…

Smt. Rekha Channabasappa Kandikere, Bangalore vs. Income-Tax Officer, Ward-International Taxation 1(2), Bangalore

In the result the appeals filed by the assessees are allowed for statistical purposes and the stay petitions are dismissed

Bench: Shri Laxmi Prasad Sahuit(It)A No. 99/Bang/2023 & Sp No. 09/Bang/2023 (Assessment Year: 2017-18) Shri Kishore Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) It(It)A No. 100/Bang/2023 & Sp No. 10/Bang/2023 (Assessment Year: 2017-18) Rekha Channabasappa Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Ravishankar S.V., Advocate Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 20.03.2023 Date Of Pronouncement: 21.03.2023 O R D E R Per: Laxmi Prasad Sahu, A.M. These Appeals Have Been Filed By Two Different Assessee’S Against Separate Orders Passed By The Cit(A)-12, Bengaluru Vide Din No. Itba/Apl/M/250/ 2022-23/1043375089(1) & Itba/Apl/M/250/ 2022-23/1043374813(1)

…g of the provisions of Section 115BBE of the Act is bad in law, on the facts and circumstances of the case. e. Without prejudice to the right to seek waiver as per the parity of reasoning of the decision of the Hon'ble Apex Court in the case of Karanvir Singh 349 ITR 692, Appellant denies himself liable to be charged to interest under Sections 234A and 234B of the Act in view of the fact and circumstances of the case. Further the levy of interest under Sections 234A and 234B of the Act is also bad in law as the rate, period and on what quantum the interest has been levied and method of calculation on which intere…