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5 results for “TDS”+ Section 56(2)(viib)clear

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Chandigarh52Mumbai26Delhi22Chennai9Bangalore5Ahmedabad4Visakhapatnam4Jaipur3Hyderabad2Cuttack2Agra2Indore2Kolkata2Pune1Raipur1Rajkot1Amritsar1

Key Topics

Section 14A8Section 56(2)(viib)7Section 686Addition to Income5Disallowance3Section 402Section 143(2)2Section 143(3)2Section 56(2)2

M/S. GMR ENTERPRISES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(2), BANGALORE

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

ITA 2310/BANG/2019[2015-16]Status: DisposedITAT Bangalore28 Oct 2021AY 2015-16

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.2310/Bang/2019 : Asst.Year 2015-2016 M/S.Gmr Enterprises Pvt. Ltd. The Dy.Commissioner Of (Successor To Gmr Holdings P.Ltd) Income-Tax, Central Circle 2(2) V. Bangalore. No.25/1 Skip House, Museum Rd. Bangalore – 560 025. Pan : Aaccr1554R. (Appellant) (Respondent) Appellant By : Sri.Yogesh Thar, Ca Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 28.10.2021 Date Of Hearing : 25.10.2021 O R D E R Per Bench:- This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 14.10.20199 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2015-2016. 2. The Assessee Has Raised Five Grounds & Various Sub Grounds. The Assessee By Its Application Dated 13.07.2020 Has Also Raised An Additional Ground. The Learned Ar During The Course Of Hearing Submitted That Grounds No.Ii & Iii May Be Adjudicated & The Other Grounds May Be Left Open. Therefore, Grounds No.Ii & Iii Are Reproduced Below:-

For Appellant: Sri.Yogesh Thar, CAFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 142ASection 143(3)Section 14ASection 56(2)(viib)

section 56(2)(viib) of the Act read with Rule 11UA(2) of the Rules the Ld. AO had no jurisdiction to adopt a different method than the one adopted by the assessee, and if 10 IT(TP)A No.2310/Bang/2019. M/s GMR Enterprises Private Limited. for any reason the AO has any doubt recording such valuation report and does

M/S. WATERLINE HOTELS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(2), BANGALORE

In the result, the appeal by the assessee is allowed

ITA 388/BANG/2020[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Waterline Hotels Pvt. Ltd., Vs. The Deputy Commissioner 10Th Floor, Gamma Block, Of Income Tax, Sigma Soft Tech Park No.07, Circle 7(1)(2), Airport Varthur Road, Bangalore. Whitefield, Bangalore – 560 066. Pan: Aaacw 8059N Appellant Respondent Appellant By : Shri Pranav Krishna, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 29.08.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.This Appeal By The Assessee Is Against The Order Of The Cit(Appeals)-7, Bengaluru Dated 27.3.2019 For The Assessment Year 2013-14. 2. The Assessee Has Raised 18 Grounds Pertaining To The Following Issues:- Page 2 Of 20

For Appellant: Shri Pranav Krishna, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 271Section 40Section 56(2)(viib)

section 56(2)(viib) of the Act only in situations where the shares are issued at a premium and at a value higher than the fair market value. The fair market value contemplated in the provisions above is as under: - “(a) The fair market value of the shares shall be the value: (i) as may be determined in accordance with

M/S SCANIA COMMERCIAL VEHICLES INDIA PVT LTFD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(1)(1), BANGALORE

The Appeal of the Assessee is allowed

ITA 261/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Dec 2025AY 2017-18

Bench: Shri Prashant Maharishi, Vice – & Shri Keshav Dubey

For Appellant: Shri Narendra Kumar Jain, Advocate
Section 143(3)Section 68Section 92C

TDS is deducted of Rs. 29,72,41,232/-, the Assessee submitted the detail that lower deduction certificates were issued to the recipient and therefore the tax was required to be deducted at that rate. The Assessee submitted the details of each of the recipient. Accordingly, it was stated that no further disallowance is required as Assessee has completely deducted

M/S KOOCHIE PLAY SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, the appeal filed by the assessee is partly allowed in the terms indicated above

ITA 2828/BANG/2018[2013-14]Status: DisposedITAT Bangalore28 Aug 2019AY 2013-14

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Shyam Chakravarthy, C. AFor Respondent: Shri M. Rajasekhar, Addl. CIT DR
Section 56(2)Section 68

viib), Rule 11U and 11UA are prescribed in view of Explanation (a) (i) of this section. As per Rule 11UA (2) (b), option is given to the assessee to choose the method of valuation. Valuation as per DCF method is an approved method and the assessee has chosen it. Valuation of Premium @ Rs. 7,872/- is also by same method

M/S. INTERVIEW MASTER TECHNOLOGY SOLUTIONS PRIVATE LIMITED,BENGALURU vs. THE INCOME TAX OFFICER, WARD- 3(1)(2), BENGALURU

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

ITA 1813/BANG/2019[2015-16]Status: DisposedITAT Bangalore04 Sept 2020AY 2015-16

Bench: Shri. A.K Garodia & Smt. Beena Pillaiassessment Year : 2015–16

For Appellant: NoneFor Respondent: Shri S Sundar Rajan, Addl. CIT
Section 143(2)Section 145Section 56

viib) needed to be verified. Ld.AO also found sales mismatch in turnover. Accordingly, case was selected for scrutiny for these two reasons and notice under section 143(2) of the Act was issued to assessee. In response to statutory notices representative of assessee peered before Ld.AO and filed requisite details as called for. 3. Ld.AO noted that, assessee raised sale