M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 153A of the Act are materially defective and consequently the entire proceedings pursuant to such invalid notice are bad in law (For the A.Ys. 2013-14 to 2017-18). 10. The disallowance of depreciation on goodwill is bad in law (For the A.Ys. 2013-14 to 2018-19). a. The appellant is a domestic company in engaged

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

section 153A of the Act are\nmaterially defective and consequently the entire proceedings\npursuant to such invalid notice are bad in law (For the A. Ys.\n2013-14 to 2017-18).\n\n10.\nThe disallowance of depreciation on goodwill is bad in law (For\nthe A.Ys.2013-14 to 2018-19).\na.\nThe appellant is a domestic company in engaged

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

153A...\n10.\nIt is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment order that "A\nsearch u/s 132 was carried out in the case

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

153A...\n10. It is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment order that \"A\nsearch u/s 132 was carried out in the case

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

153A...\n10.\nIt is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment order that \"A\nsearch u/s 132 was carried out in the case

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

section 153A of the Act are\nmaterially defective and consequently the entire proceedings\npursuant to such invalid notice are bad in law (For the A. Ys.\n2013-14 to 2017-18).\n\n10.\nThe disallowance of depreciation on goodwill is bad in law (For\nthe A.Ys.2013-14 to 2018-19).\n\na.\nThe appellant is a domestic company

MR. D K SHIVAKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

In the result, we allow appeal filed by the assessee

153A...\n10.\nIt is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment order that \"A\nsearch u/s 132 was carried out in the case

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

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

section 153A of the Act are\nmaterially defective and consequently the entire proceedings\npursuant to such invalid notice are bad in law (For the A. Ys.\n2013-14 to 2017-18).\n\n10.\nThe disallowance of depreciation on goodwill is bad in law (For\nthe A.Ys.2013-14 to 2018-19).\n\na.\nThe appellant is a domestic company

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

153A...'\n\n10. It is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment order that \"A\nsearch u/s 132 was carried out in the case

INCOME TAX OFFICER W 1, HASSAN vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER WARD-1 HASSAN, HASSAN vs. RAMACHANDRA SETTY AND SONGS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, HASSAN vs. RAMACHANDRA SETTY & SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, VIJAYANAGAR vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

M/S. S. RAMASHANDRA SETTY & SONS,HASSAN vs. INCOME TAX OFFICER, WARD-1 , HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

153A of the Act on 20.7.2009 is to be considered as true and he has nothing to declare as undisclosed income. This has been countered by the ld. AO by observing as under:  “The assessee has stated that the loan advanced to Sri Mahesh is R 2,10,00,000.  As the balance shown in the return of income

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

153A of the Act on 20.7.2009 is to be considered as true and he has nothing to declare as undisclosed income. This has been countered by the ld. AO by observing as under:  “The assessee has stated that the loan advanced to Sri Mahesh is R 2,10,00,000.  As the balance shown in the return of income

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

section 47(xiii) of the Act. The ld. CIT(A) had dismissed the appeal and confirmed the addition made under the head capital gains and in respect of the ground No.6, which relates to the levy of interest u/s 234B & 234C of the Act, the ld. CIT(A) had remitted the issue to the file of AO for recomputing

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(3), BENGLAURU vs. SHRI KEMPAREDDY GOVINDRAJU, DOMLUR, BENGALURU

In the result the appeals of the assessee in ITA No’s 1022 to 1024/ Bang/ 2024, for the Assessment Years 2014-15, 2015-16 and 2016-17 are allowed and the appeals of the Revenue in ITA Nos

Bench: Shri Laxmi Prasad Sahu & Shri Soundarajan K

153A by means of the declaration dated 01/06/2012. (i) The declaration of assets filed before the Lokayuktha as on 31/03/2014, was not found in the search and hence constitutes other information in the possession of the AO. The AO would have been well within his rights to reopen the assessment of A.Y. 2013-14 by resorting to Section 147/148, based