M/S. TRISHUL BUILDTECH & INFRASTRUCTURES PVT. LTD.,,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, assessee’s appeals are partly allowed

Bench: Shri Chandra Poojari & Shri George George K.

132A. Thus, it is clarified that the appeal, revision or rectification proceedings pending on the date of initiation of search under Section 132 shall not abate. 28. Section 153B provides for the time limit for completion of search assessments. 29. Section 153C provides that where an Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article

SRI. H. NAGARAJA,BANGALORE vs. CIT, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

132A of the Act. The language of the provision is clear and unambiguous. The Legislation has not imposed any embargo on the Assessing Officer in respect of the stage of proceedings during which the satisfaction is to be reached and recorded in respect of the person other than the searched person. Further Section 158BE(2)(b) only provides

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

132A, the same shall abate. In terms of Sec.153C of the Act, if in the course of search of a person u/s.132 of the Act, any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person who is searched u/s.132

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

132A, the same shall abate. In terms of Sec.153C of the Act, if in the course of search of a person u/s.132 of the Act, any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person who is searched u/s.132

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

section 132A. 50.3 Applicability-These\namendments will take effect from the 1st day of June, 2007.\"\n\n6.2 From the perusal of the section 153D of the Act read with the CBDT\nCircular No. 3 of 2008, dated 12-3-2008, the legislative intent can be gathered\nso far as that the legislature in its highest wisdom made it compulsory

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

132A. 50.3 Applicability-These\namendments will take effect from the 1st day of June, 2007.\"\n6.2 From the perusal of the section 153D of the Act read with the CBDT\nCircular No. 3 of 2008, dated 12-3-2008, the legislative intent can be gathered\nso far as that the legislature in its highest wisdom made it compulsory that

M/S. CENTURY BANGALORE CITY CENTRE PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri N.V. Vasudevanand Ms. Padmavathy S

TDS has been done for and on behalf of the assessee, yet in the assessee’s bank account, the interest is credited initially and thereafter it is transferred to the account of Shri. Wodeyar and therefore interest income has accrued to the assessee and the assesse is liable to be taxed on the said income. The AO also made

M/S. CENTURY BANGALORE CITY CENTRE PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri N.V. Vasudevanand Ms. Padmavathy S

TDS has been done for and on behalf of the assessee, yet in the assessee’s bank account, the interest is credited initially and thereafter it is transferred to the account of Shri. Wodeyar and therefore interest income has accrued to the assessee and the assesse is liable to be taxed on the said income. The AO also made

M/S. CENTURY BANGALORE CITY CENTRE PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri N.V. Vasudevanand Ms. Padmavathy S

TDS has been done for and on behalf of the assessee, yet in the assessee’s bank account, the interest is credited initially and thereafter it is transferred to the account of Shri. Wodeyar and therefore interest income has accrued to the assessee and the assesse is liable to be taxed on the said income. The AO also made

M/S. CENTURY BANGALORE CITY CENTRE PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri N.V. Vasudevanand Ms. Padmavathy S

TDS has been done for and on behalf of the assessee, yet in the assessee’s bank account, the interest is credited initially and thereafter it is transferred to the account of Shri. Wodeyar and therefore interest income has accrued to the assessee and the assesse is liable to be taxed on the said income. The AO also made

M/S. CENTURY BANGALORE CITY CENTRE PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri N.V. Vasudevanand Ms. Padmavathy S

TDS has been done for and on behalf of the assessee, yet in the assessee’s bank account, the interest is credited initially and thereafter it is transferred to the account of Shri. Wodeyar and therefore interest income has accrued to the assessee and the assesse is liable to be taxed on the said income. The AO also made

M/S. CENTURY BANGALORE CITY CENTRE PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri N.V. Vasudevanand Ms. Padmavathy S

TDS has been done for and on behalf of the assessee, yet in the assessee’s bank account, the interest is credited initially and thereafter it is transferred to the account of Shri. Wodeyar and therefore interest income has accrued to the assessee and the assesse is liable to be taxed on the said income. The AO also made

SRI. SAKALA NARASIMHULU CHETTY,BANGALORE vs. DCIT, BANGALORE

In the result, ITA No.117/Bang/2016 is allowed, whereas all other appeals are dismissed

Bench: Shri Sunil Kumar Yadav

TDS, Advance-tax and taxes paid u/s.140A of the Act, if any, and after giving credit only to such payment, he ought to have calculated the interest if any, leviable u/s.234A, 234B and 234C of the Act, as the levy under these sections though mandatory are compensatory in nature ITA Nos.117 to 125/Bang/2015 Page 4 of 11 having regard

SRI. SAKALA NARASIMHULU CHETTY,BANGALORE vs. DCIT, BANGALORE

In the result, ITA No.117/Bang/2016 is allowed, whereas all other appeals are dismissed

Bench: Shri Sunil Kumar Yadav

TDS, Advance-tax and taxes paid u/s.140A of the Act, if any, and after giving credit only to such payment, he ought to have calculated the interest if any, leviable u/s.234A, 234B and 234C of the Act, as the levy under these sections though mandatory are compensatory in nature ITA Nos.117 to 125/Bang/2015 Page 4 of 11 having regard

SMT. REDDY SANGEETHA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

In the result, the assessee’s appeal in ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillai

132A of the Act, 1961. However, the completed/unabated assessments can be re-opened by the AO in exercise of powers under Sections 147/148 of the ITA Nos.1108 to 1110/Bang/2022 Smt. Reddy Sangeetha, Bangalore Page 15 of 23 Act, subject to fulfilment of the conditions as envisaged/mentioned under sections 147/148 of the Act and those powers are saved

SMT. REDDY SANGEETHA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

In the result, the assessee’s appeal in ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillai

132A of the Act, 1961. However, the completed/unabated assessments can be re-opened by the AO in exercise of powers under Sections 147/148 of the ITA Nos.1108 to 1110/Bang/2022 Smt. Reddy Sangeetha, Bangalore Page 15 of 23 Act, subject to fulfilment of the conditions as envisaged/mentioned under sections 147/148 of the Act and those powers are saved

SMT. REDDY SANGEETHA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

In the result, the assessee’s appeal in ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillai

132A of the Act, 1961. However, the completed/unabated assessments can be re-opened by the AO in exercise of powers under Sections 147/148 of the ITA Nos.1108 to 1110/Bang/2022 Smt. Reddy Sangeetha, Bangalore Page 15 of 23 Act, subject to fulfilment of the conditions as envisaged/mentioned under sections 147/148 of the Act and those powers are saved

M/S. HINDUSTHAN BAWA BUILDERS,MANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

TDS, to the contractor: M/S Pride Construction and they were seized. Voluminous corroborative evidences with respect to the cash payments were found during the course of survey and search operations carried out at the assessee's office premises and at the residence of Mr. Kodi Abdul Kader. 8.14 Mr. Abdul Khader, in his statement recorded on 31/08/2017, stated that