Karanvir Singh Gossal v. CIT

Sri. Kullachari Puttamma Nanjundi Vishwakarma, Bengaluru vs. Deputy Commissioner of Income-Tax, Central Circle-1(4), Bengaluru

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

…the issues on the facts and circumstances of the case. 11. Levy of interest u/s. 234A & 234B of the Act. (i). 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 Karnavir Singh 349 ITR 692, the Appellant denies itself liable to be charged to interest under section 234A, 234B of the Income Tax Act under the facts and circumstances of the case. (ii) Without prejudice the levy of interest under section 234A and 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is levied…

Sri. B.V. Ravikumar, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-6(3)(1), Bengaluru

Bench: Smt. Beena Pillai & Ms. Padmavathy S

…source for the deposits made into the bank account on the facts and circumstances of the appellant's 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 A, 234 B Et 234 C of the Income Tax Act on the facts and circumstances of the appellant's 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, quantum and method of calculation…

Sri. B.V. Ravikumar, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-6(3)(1), Bangalore

Bench: Smt. Beena Pillai & Ms. Padmavathy S

…source for the deposits made into the bank account on the facts and circumstances of the appellant's 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 A, 234 B Et 234 C of the Income Tax Act on the facts and circumstances of the appellant's 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, quantum and method of calculation…

Smt. K.R. Geetha, Bengaluru vs. Assistant Commissioner of Income Tax, Circle- 6(3)(1), Bengaluru

Bench: Smt. Beena Pillai & Ms. Padmavathy S

…source for the deposits made into the bank account on the facts and circumstances of the appellant's 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 A, 234 B Et 234 C of the Income Tax Act on the facts and circumstances of the appellant's 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, quantum and method of calculation…

Smt. K.R. Geetha, Bengaluru vs. Assistant Commissioner of Income Tax, Circle- 6(3)(1), Bengaluru

Bench: Smt. Beena Pillai & Ms. Padmavathy S

…source for the deposits made into the bank account on the facts and circumstances of the appellant's 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 A, 234 B Et 234 C of the Income Tax Act on the facts and circumstances of the appellant's 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, quantum and method of calculation…

Shri. Virupaxappa Siddappa Udnur, Bengaluru vs. Income Tax Officer, Ward-9(2), Bengaluru

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

Bench: Shri Chandra Poojariassessment Year: 2009-10

…11,26,320/ - were from loans and money received by his brother 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 himself liable to be charged to interest under Section 234D of the Income Tax Act on the facts and circumstances of the case. Further the levy of interest under Section 234D 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 and are…

M/S. Sangha Mithra Rural Financial Services, Bangalore vs. The Assistant Commissioner of Income Tax (Exemptions), Circle-1, Bangalore

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2014-15 M/S. Sangha Mithra The Assistant Rural Financial Commissioner Of Services, Income Tax #612, 1C Main Road, (Exemptions), Domlur Layout, Circle – 1, Bangalore – 560 071. Vs. Bangalore. Pan: Aaecs0038H Appellant Respondent : Shri Ravi Shankar, Assessee By Advocate : Smt. Priyadarshini Revenue By Baseganni, Addl. Cit (Dr) Date Of Hearing : 17-10-2022 Date Of Pronouncement : 17-10-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order U/S. 250 Passed By National Faceless Appeal Centre, Delhi Dated 07/07/2022 For A.Y. 2014-15 On Following Grounds Of Appeal: “1. The Order Passed By The Hon'Ble Commissioner Of Income Tax Nfac, Under Section 250 Of The Income Tax Act, 1961 ("The Act") Is So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case.

…the same loans, thus to economize the lending by the appellant, 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 234 A, 234 B & 234 C of the Income Tax Act under the facts and circumstances of the case. 9. For the above and other grounds that may be urged at the time of hearing of the appeal, the Appellant prays that the appeal may be allowed and justice rendered.” 2. At the outset,…

M/S. Goodwill Enterprises, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

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

…Act is without jurisdiction and not applicable to the facts and circumstance of the case of the appellant. 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 234B of the Income Tax act under the facts and circumstances of the case. 10. The appellant contends that the levy of interest under section 234B and 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by Ld. AO on which inter…

Deputy Commissioner of Income Tax, Central Circle-1(2), Bengaluru vs. M/S. Gokula Education Foundation (Medical), Bengaluru

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…r section 153A r.w.s. 143[3] of the Act is without jurisdiction 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 Respondent / Cross Objector denies itself liable to be charged to interest under section 234 B Et 234 C of the Income Tax Act under the facts and circumstances of the case. Further the levy of interest under section 234 B a 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is…

Deputy Commissioner of Income Tax, Central Circle-1(2), Bangalore vs. M/S. Gokula Education Foundation (Medical), Bengaluru

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…r section 153A r.w.s. 143[3] of the Act is without jurisdiction 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 Respondent / Cross Objector denies itself liable to be charged to interest under section 234 B Et 234 C of the Income Tax Act under the facts and circumstances of the case. Further the levy of interest under section 234 B a 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is…

Deputy Commissioner of Income Tax, Central Circle-1(2), Bengaluru vs. M/S. Gokula Education Foundation (Medical), Bengaluru

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…r section 153A r.w.s. 143[3] of the Act is without jurisdiction 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 Respondent / Cross Objector denies itself liable to be charged to interest under section 234 B Et 234 C of the Income Tax Act under the facts and circumstances of the case. Further the levy of interest under section 234 B a 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is…

Deputy Commissioner of Income Tax, Central Circle-1(2), Bengaluru vs. M/S. Gokula Education Foundation (Medical), Bengaluru

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…r section 153A r.w.s. 143[3] of the Act is without jurisdiction 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 Respondent / Cross Objector denies itself liable to be charged to interest under section 234 B Et 234 C of the Income Tax Act under the facts and circumstances of the case. Further the levy of interest under section 234 B a 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is…

Deputy Commissioner of Income Tax, Central Circle-1(2), Bengaluru vs. M/S. Gokula Education Foundation (Medical), Bengaluru

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…r section 153A r.w.s. 143[3] of the Act is without jurisdiction 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 Respondent / Cross Objector denies itself liable to be charged to interest under section 234 B Et 234 C of the Income Tax Act under the facts and circumstances of the case. Further the levy of interest under section 234 B a 234 C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is…

M/S. Hotel Paraag Limited, Bengaluru vs. Income Tax Officer, Ward- 3(1)(3), Bengaluru

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2012 – 13 M/S. Hotel Paraag Ltd. The Capitol, No.3 Raj Bhavan Road Ito Ward-3(1)(3) Vs. Bangalore 560 001 Bangalore

…deposited into the appellant's bank account on several dates, under the facts Et 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 itself liable to be charged to interest under section 234 A, 234 B and 234 C of the Income Tax Act on the facts and circumstances of the case. Further 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 on which interest is levi…

Smt. Hemavathi, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle- 1(4), Bangalore

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

…of the Appellant's case and thereby passed a perverse orde under 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 itself liable to be charged to interest under section 234 B of the Income Tax Act under the facts and circumstances of the case. 11. The appellant contends that the levy of interest under section 234 B and 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessi…

Smt. Raju Paruthi, L/R of Late Sri. Vinod Kumar Paruthi, Bangalore vs. Income Tax Officer, Ward- 11(1), Bangalore

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

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2009-10

…nterest on the creditors confirmed amounting to Rs. 33,37,652/- 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 234 B of the Income Tax Act under the facts and circumstances of the case. 9. The appellant contends that the levy of interest under section 234B, 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted Smt. Raju Paruthi, Bengalur…

Sri. H.S. Ningaiah, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-1(4), Bangalore

In the result, the appeal by the assessees is allowed for statistical purpose

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2007-08

…d is in violation of the settled principles of natural justice 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 itself liable to be charged to interest under section 234 B of the Income Tax Act under the facts and circumstances of the case. 11. The appellant contends that the levy of interest under section 234A, 234 B and 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned a…

Shri Rajeev Nataraj Legal Heir of Late Shri P Nataraj, Bangalore vs. Income Tax Officer Ward-10(2), Bangalore

In the result appeal filed by assessee stands allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2008-09 Shri Rajeev Nataraj, L/H Of Late Shri P Nataraj, No. 63, 1St Cross, The Income Tax Udaya Nagar, Officer, Chikkalsandra, Off Ward 10(2), Uttarahalli Road, Bangalore. Vs. Bangalore – 560 061. Pan: Ahapn9475D Appellant Respondent Assessee By : Shri H. Siva Prasad Reddy, Ar : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 09-02-2022 Date Of Pronouncement : 31-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 11/02/2019 Passed By The Ld.Cit(A)-3, Bangalore For Assessment Year 2008-09 On Following Grounds Of Appeal: “1. The Impugned Order Passed By The Learned Commissioner Of Income-Tax [Appeals] U/S 250 Of The Act & That Of The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143[3] R/W 147 Of The Act To The Extent Which Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case. 2. The Order Of Assessment Passed By The Learned Assessing Officer Under Section 143[3] R.W.S 147 Of The Act Is Bad In Law Since The Mandatory Conditions As Envisaged

…sions filed, which is against the principles of natural justice 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 herself liable to be charged to interest Page 3 of 17 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 dis…

M/S. Vantage Agora Marketing Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 12(5), Bangalore

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

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Vantage Agora Marketing Pvt. Ltd., # Pixel Park-A, 4Th Floor, The Deputy Pes Institute Of Commissioner Of Technology, Income Tax, Vs. Hosur Road, Electronic Circle – 12(5), City, Bangalore. Bangalore – 560 100. Pan: Aaccv1443P Appellant Respondent : Shri V. Chandrashekar, Assessee By Advocate : Smt. Priyadarshini Revenue By Basaganni, Jcit (Dr) Date Of Hearing : 30-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 30/03/2016 Passed By The Ld.Cit(A), Mysore For Assessment Year 2009-10 On Following Grounds Of Appeal: “1. The Order Of The Hon'Ble Commissioner Of Income Tax (Appeals), Mysuru, Insofar As It Is Against The Appellant, Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities, Facts & Circumstances Of The Appellant'S Case.

…mputed by the appellant ought to have been accepted in entirety 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 itself liable to be charged to interest under section 234C of the under the facts and circumstances of the case. Further, the levy of interest under section 234C 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 and are wrong on th…

National Education Foundation, Bengaluru vs. Deputy Commissioner of Income Tax, Central Circle-1(4), Bangalore

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

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

…ces of the case. 8. Without prejudice the learned Commissioner of Income- tax [Appeals] failed to appreciate that the appellant has 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. 9. The learned Commissioner of Income-tax [Appeals] failed to appreciate that the levy of interest under section 234 A, 234 B & 234 C of the Act are also bad in law as the period, 4 IT…