M/S STERLING URBAN DEVELOPMENT PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(1)(2), BANGALORE
In the result, the grounds of appeal are decided as follows: Ground
ITA 3282/BANG/2018[2014-15]Status: DisposedITAT Bangalore22 Nov 2021AY 2014-15
Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.3282/Bang/2018 Assessment Year : 2014-15 M/S. Sterling Urban Development Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, No.8, Level-5, Prestige Nebula, Circle -6(1)(2), Cubbon Road, Bengaluru. Opp. To Income Tax Office Building, Bengaluru – 560 001. Pan : Aaacf 9183 C Appellant Respondent Appellant By : Shri. Ramasubramaniyan, Ca Respondent By : Shri. Muzaffar Hussain, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 12.10.2021 Date Of Pronouncement : 22.11.2021 O R D E R Per Chandra Poojari: This Is An Appeal By The Assessee Against The Final Order Of Assessment Dated 12.10.2018 Passed By The Dcit, Circle-6(1)(2), Bengaluru, Passed U/S. 144C R.W.S. 143(3) Of The Income-Tax Act, 1961 [The Act] Relating To Assessment Year 2014-15. 2. The Assessee Is A Company Incorporated Under The Companies Act, 1956 On 12Th June 2002 Under The Name & Style “Foundation Habitats (India) Private Limited”. The Company Has Been Converted As A Spv In The Year 2006. The Assessee Is Engaged In The Activities Relating To Real Estate
For Appellant: Shri. Ramasubramaniyan, CAFor Respondent: Shri. Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 144C
…essee to contend that the legal stand taken earlier is not correct in law and he is entitled to change his stand based on the correct legal position. The Assessee in this regard relied on the following decisions; Narsapalli Oil Mills Vs The State of Mysore 32 STC 599 (Kar) Bhandari Metals and Alloys (Private) Ltd Vs State of Karnataka 56 KU 438 60 ITR Trib (1) — Canara bank Peerless Financial Services Ltd v. CIT 335 ITR 452 (Cal) DCIT 11(3) Vs GEBE (P) Ltd 64 SOT 129 (URO) (Bang) Hence it was prayed that the Hon'ble DRP be pleased to hold that the transaction entered into with HDFC Property Fund is n…