Karanvir Singh Gossal v. CIT

Mr. Amjad Pasha, Hassan vs. Income Tax Officer, Ward- 1, Hassan

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

Bench: Shri Chandra Poojari

…t and not the peak credits in the bank account of the appellant 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 himself liable to be charged to interest under section 234A, 234B and 234 C of the Income Tax Act on the facts and circumstances of the case. Further the levy of interest under section 234A, 234B & 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest levied are a…

Sri. Amjad Pasha, Hassan vs. Income Tax Officer, Ward- 1, Hassan

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

Bench: Shri Chandra Poojari

…t and not the peak credits in the bank account of the appellant 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 himself liable to be charged to interest under section 234A, 234B and 234 C of the Income Tax Act on the facts and circumstances of the case. Further the levy of interest under section 234A, 234B & 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest levied are a…

Sri. Amjad Pasha, Hassan vs. Income Tax Officer, Ward- 1, Hassan

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

Bench: Shri Chandra Poojari

…t and not the peak credits in the bank account of the appellant 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 himself liable to be charged to interest under section 234A, 234B and 234 C of the Income Tax Act on the facts and circumstances of the case. Further the levy of interest under section 234A, 234B & 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest levied are a…

Sri. Amjad Pasha, Hassan vs. Income Tax Officer, Ward- 1, Hassan

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

Bench: Shri Chandra Poojari

…t and not the peak credits in the bank account of the appellant 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 himself liable to be charged to interest under section 234A, 234B and 234 C of the Income Tax Act on the facts and circumstances of the case. Further the levy of interest under section 234A, 234B & 234C of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest levied are a…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

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

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

…do not constitute income in the hands of the appellant Trust, 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 and 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing offic…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

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

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

…do not constitute income in the hands of the appellant Trust, 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 and 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing offic…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

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

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

…do not constitute income in the hands of the appellant Trust, 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 and 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing offic…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

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

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

…do not constitute income in the hands of the appellant Trust, 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 and 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing offic…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

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

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

…do not constitute income in the hands of the appellant Trust, 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 and 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing offic…

M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore

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

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

…do not constitute income in the hands of the appellant Trust, 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 and 234B of the Act is also bad in law as the period, rate, quantum and method of calculation adopted by the learned assessing offic…

M/S. University of Agricultural Employees House Building Co-Operative Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle- 6(3)(1), Bangalore

In the result, the appeal of the assessee is dismissed

Bench: Shri B.R Baskaranassessment Year : 2016-17

…of this Hon'ble bench in M/s. Kanyakaparameswari Credit Cooperative Society Ltd Vs ITO in dated 22.03.2018. 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 234A & 234 B of the Income Tax Act under the facts and circumstances of the case. 10. The appellant contends that the levy of interest under section 234A & 234 B of the Act is also bad in ITA No.2268 /Bang/2019 Page 4 of 8 law as the period, rate, quantum and method of…

Sri. Ashok Kumar Garg, Bangalore vs. Income Tax Officer, Ward- 1(3)(4), Bangalore

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

Bench: Shri Arun Kumar Garodiaassessment Year : 2009-10 Shri Ashok Kumar Garg, #T-4, 8Th Main Road, 13Th Cross, The Income Tax Officer, Galaxy Eternity Apartments, Vs. Ward – 1 [3] [4], Malleshwaram, Bangalore. Bangalore – 560 003. Pan: Agcpg0607P Appellant Respondent Assessee By : Shri V. Chandrasekhar, Advocate : Shri Ganesh R. Ghale, Standing Revenue By Counsel For Dept. Date Of Hearing : 26.09.2019 Date Of Pronouncement : 11.10.2019

…e Appellant to M/s. Aishwarya Homes Developers and Builders under 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 234 B of the Income Tax Act under the facts and circumstances of the case. 7. 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 Page 3 of 8 calculation adopted by the learned asses…

Smt. Malathi, Bengaluru vs. Income Tax Officer, Ward-6(3)(1), Bengaluru

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

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2013-14 Smt. Malathi, The Income-Tax No. 13, 4Th Main Road, Officer, Hebbal, Vs. Ward – 6 [3] [1], Bangalore – 560 024. Bangalore. Pan: Ahlpm6037D Appellant Respondent

…ion under section 54F of the Act to the appellant, 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 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 sections 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 levied are all not…

The Beml Employees Co-Operative Society Ltd, Bengaluru vs. Income Tax Officer, Ward-4(2)(2), Bengaluru

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumarassessment Year : 2013-14 M/S. The Beml Employees Co-Operative Society Ltd., The Income Tax M/S. Beml Bengaluru Officer, Vs. Complex, New Thippasandra, Ward 4 [2] [2], Bangalore – 560 075. Bangalore. Pan: Aaalt0689E Appellant Respondent Assessee By : Shri Narendra Sharma, Advocate Revenue By : Shri R.N. Siddappaji, Addl. Cit (Dr) Date Of Hearing : 12.03.2019 Date Of Pronouncement : 22.03.2019 O R D E R Per Shri A.K. Garodiathis Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Ld. Cit(A)-4, Bangalore Dated 31.01.2018 For Assessment Year 2013-14. 2. The Grounds Raised By The Assessee Are As Under. “1. The Order Of The Learned Commissioner Of Income-Tax [Appeals] 4 [Hereinafter Called Short Cit(A)], Bengaluru In So Far It Is Against The Appellant Society Is Opposed To Law, Weight Of Evidence, Facts & Circumstances Of The Appellant Society'S Case. 2. The Ex-Parte Order Passed By The Learned Cit(A) Is Bad In Law As The Appellant Society Was Not Afforded A Reasonable Opportunity Of Hearing, Which Is In Grave Violation Of Principles Of Natural Justice On The Facts & Circumstances Of The Case. 3. The Appellant Society No Assessable Income/Loss Of The Residential Layout Activities Transaction & Carried Out For No Gain/Loss Basis & U/S. 50C Of The Income Tax Act, 1961. (Hereinafter Called As Short Act) Not Applicable For Treating A Special Provision For Full Value Of Consideration On The Facts & Circumstances Of The Case. 4. The Learned Cit (A), Is Not Justified In Law In Law In Confirming The Addition Made By The Learned Assessing Officer Of Rs. 1,34,08,000, Being Income Of Long Term Capital Gains Under The Provisions Of Section 50C Of The Act, On The Facts & Circumstances Of The Case. Page 2 Of 3

…of amount, towards layout cost, treated as layout work in progress on the assets side of the Balance Sheet. 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 society denies itself liable to be charged to interest under section 234B and 234C of the Act under the facts and circumstances of the case. Further the levy of interest under section 234B it 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 dis…

M/S Udaya Souharda Credit Co-Operative Society Limited, Bangalore vs. Income Tax Officer Ward-5(2)(4), Bangalore

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Year : 2014-15 M/S. Udaya Souharda Credit Co- Vs. The Income Tax Officer, Operative Society Limited, Ward - 5(2)(4), No. 372, 2Nd Floor, 9Th Main, Bengaluru. Hanumanthanagar, Bengaluru-560019. Pan : Aaaau 0472 H Appellant Respondent

…nsequently the impugned orders 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 A & 234 B of the Income Tax Act under the facts and circumstances of the case. Further the levy of interest under section 234 A Et 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 no…

M/S Sri Varun Souharda Credit Co-Operative Limited, Bangalore vs. Income Tax Officer Ward-5(2)(3), Bangalore

…nsequently the impugned orders 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 under 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 and method of calculation adopted on which interest is levied are all not discernible and…

M/S Rajesh Exports Limited, Bangalore vs. The Assistant Commissioner of Income Tax Central Circle-1(2), Bangalore

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

…sustained any part of the change made by the assessing officer on the facts and circumstance 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 234A, 234B and 234C of the Income Tax Act under the facts and circumstances of the case. 9. Without prejudice the levy of interest under section 234 A, 234B and 234C are bad in law as the period, rate, quantum and method of calculation adopted on which interest is levied…

M/S Rajesh Exports Limited, Bangalore vs. The Assistant Commissioner of Income Tax Central Circle-1(2), Bangalore

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

…sustained any part of the change made by the assessing officer on the facts and circumstance 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 234A, 234B and 234C of the Income Tax Act under the facts and circumstances of the case. 9. Without prejudice the levy of interest under section 234 A, 234B and 234C are bad in law as the period, rate, quantum and method of calculation adopted on which interest is levied…

M/S Rajesh Exports Limited, Bangalore vs. The Assistant Commissioner of Income Tax Central Circle-1(2), Bangalore

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

…sustained any part of the change made by the assessing officer on the facts and circumstance 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 234A, 234B and 234C of the Income Tax Act under the facts and circumstances of the case. 9. Without prejudice the levy of interest under section 234 A, 234B and 234C are bad in law as the period, rate, quantum and method of calculation adopted on which interest is levied…