LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

capital gains and there is no tangible information or evidence warranting reopening of the assessment. The reassessment proceedings is on a change of opinion on the same facts without there being any new tangible evidence or information which is not permitted under law. Thus the notice issued u/s 148 are bad in law, without jurisdiction, barred by law and requires

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

capital gains and there is no tangible information or evidence warranting reopening of the assessment. The reassessment proceedings is on a change of opinion on the same facts without there being any new tangible evidence or information which is not permitted under law. Thus the notice issued u/s 148 are bad in law, without jurisdiction, barred by law and requires

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

capital gains and there is no tangible information or evidence warranting reopening of the assessment. The reassessment proceedings is on a change of opinion on the same facts without there being any new tangible evidence or information which is not permitted under law. Thus the notice issued u/s 148 are bad in law, without jurisdiction, barred by law and requires

ASST.C.I.T., MANGALORE vs. DR. ALI KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

capital gains is computed by taking value of the land entered in the books of the company as sale consideration and the purchase cost of the land in the individual hands as cost of acquisition.” ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 14 of 35 4. After search and seizure

ASST.C.I.T., MANGALORE vs. DR. YUSUF KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

capital gains is computed by taking value of the land entered in the books of the company as sale consideration and the purchase cost of the land in the individual hands as cost of acquisition.” ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 14 of 35 4. After search and seizure

ASST.C.I.T., MANGALORE vs. DR. YUSUF KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

capital gains is computed by taking value of the land entered in the books of the company as sale consideration and the purchase cost of the land in the individual hands as cost of acquisition.” ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 14 of 35 4. After search and seizure

ASST.C.I.T., MANGALORE vs. DR. ALI KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

capital gains is computed by taking value of the land entered in the books of the company as sale consideration and the purchase cost of the land in the individual hands as cost of acquisition.” ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 14 of 35 4. After search and seizure

LATE SMT.K>LEELAVATHY BY L/R SHRI.M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

capital gains tax are not attracted. 6. Alternatively and without prejudice the Hon'ble Commissioner of Income Tax (Appeals)-11 ought to have held that in the absence of registered deed of conveyance no right, title or interest in the immovable property can be transferred attracting the provisions of the Income Tax Act. 7. The Hon'ble Commissioner of Income

LATE SMT.K.LEELAVATHY, BY L/R SHRI M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

capital gains tax are not attracted. 6. Alternatively and without prejudice the Hon'ble Commissioner of Income Tax (Appeals)-11 ought to have held that in the absence of registered deed of conveyance no right, title or interest in the immovable property can be transferred attracting the provisions of the Income Tax Act. 7. The Hon'ble Commissioner of Income

LATE SMT.K.LEELAVATHY BY L/R SHRI M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

capital gains tax are not attracted. 6. Alternatively and without prejudice the Hon'ble Commissioner of Income Tax (Appeals)-11 ought to have held that in the absence of registered deed of conveyance no right, title or interest in the immovable property can be transferred attracting the provisions of the Income Tax Act. 7. The Hon'ble Commissioner of Income

LATE SMT.K.LEELAVATHY BY L/R SHRI M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

capital gains tax are not attracted. 6. Alternatively and without prejudice the Hon'ble Commissioner of Income Tax (Appeals)-11 ought to have held that in the absence of registered deed of conveyance no right, title or interest in the immovable property can be transferred attracting the provisions of the Income Tax Act. 7. The Hon'ble Commissioner of Income

SHRI D.DASAPPA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

seizure action was conducted on the premises of M/s SPR Developers Private Limited on 08.12.2011 and certain sale deeds pertaining to lands sold by the assessee situated in Manchanayakanahalli village were found and seized. Pursuant to the search, scrutiny assessment proceedings were initiated under section 153C of the Act. The assessee filed his return for the impugned AYs with

SHRI D.DASAPPA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

seizure action was conducted on the premises of M/s SPR Developers Private Limited on 08.12.2011 and certain sale deeds pertaining to lands sold by the assessee situated in Manchanayakanahalli village were found and seized. Pursuant to the search, scrutiny assessment proceedings were initiated under section 153C of the Act. The assessee filed his return for the impugned AYs with

SHRI M. THIMMEGOWDA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

capital gains. ITA Nos.1035 & 1036/Bang/2019 Page 3 of 78 9. The appellant craves for leave to add to, delete from or amend the grounds of appeal. 2.1 Similar are the grounds for A.Y. 2006-07. Only Change in figures. 3. The assessee has also raised the following common grounds in these appeals:- “1. The order of the Learned Assessing Office

SHRI M. THIMMEGOWDA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

capital gains. ITA Nos.1035 & 1036/Bang/2019 Page 3 of 78 9. The appellant craves for leave to add to, delete from or amend the grounds of appeal. 2.1 Similar are the grounds for A.Y. 2006-07. Only Change in figures. 3. The assessee has also raised the following common grounds in these appeals:- “1. The order of the Learned Assessing Office

M/S. ATRIA WIND (KADAMBUR) PRIVATE LIMITED,BENGALUAU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

In the result, appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year: 2017-18

capital gains on the conversion of partnership firm M/s. Perpetual Investments into the assessee company. The assessee challenged the above said order of assessment before the ld. CIT(A) on the ground that there was no seizure of any incriminating materials at the time of search

M/S. CONCORDE HOUSING CORPORATION PRIVATE LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BENGALURU

In the result, appeal of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

capital gain shown in his ITR as his undisclosed income but such undisclosed income in not based on any documents found as a result of search or evidences. During the course of search & seizure

NALAPAD PROPERTIES ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOMER TAX, CENTRAL CIRCLE-2(3) , BANGALORE

seizure action was conducted on M/S\nBrigade Enterprises Ltd on 2/11/2017 at Floor 29 & 30, at World\nTrade Centre, Brigade Gateway Campus, 26/ 1 Dr. Rajkumar Road,\nMalleswaram, Rajaji Nagar, Bangalore. During the course of the\nsearch many Sale deeds, agreements, JDA and other documents\nwere seized from the above premises on 04.11.2017 which are\nmarked as A/BCVDPL/B2/01 to A/BCVDPL/B2/06

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Capital gain treated as business income 1,65,336/- 6. Additions as per seized material procured 3,80,00,250/- during the course of search and seizure