UDAYA SOUHARDA CO-OPERATIVE SOCIETY LIMITED ,BANGALORE vs. INCOME TAX OFFICER WARD-5(1)(1), BANGALORE

In the result, the appeal of assessee is hereby allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2020-21

gains or capital by the cooperative societies engaged in providing credit facilities to the members is squarely covered in favour of the assessee by the ruling of Jurisdictional High Court in the cases of Tumkur Merchants Souharda Credit Cooperative Ltd(supra), Guttigedarara Credit Co-operative Society Ltd. and Lalitamba Pattina Souharda Sahakari Niyamita vs. ITO as well

INCOME TAX OFFICER, WARD-1(2)(1), BANGALORE vs. SHRI MUNI REDDY SANTHOSH REDDY, BENGALURU

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Chandra Poojariassessment Year: 2014-15

167 of Rs. 30.00.000/-, I find that the appellant made such investment in the said plot out of the sale proceeds of the property sold on 23/09/2013. I further find that the amount pertaining in such investment had not been kept in the "Capital Gains Account Scheme" as required by the appellant within 6 months from the date of sale

MAHESH REDDY,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU-2, BENGALURU

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

capital gains of\nRs.7,12,17,657/- on which deduction of Rs.4,82,00,000/- had been claimed u/s 54F\nof the IT Act....\n4.3 Thus he submitted that it is grossly incorrect to initiate 263\nproceedings on the ground of no enquiry or inadequate inquiry.\nConsequently, the order of the AO dt.28.12.2019 is neither\nerroneous nor prejudicial

MAHESH REDDY ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE

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

capital gains of\nRs.7,12,17,657/- on which deduction of Rs.4,82,00,000/- had been claimed u/s 54F\nof the IT Act....\n4.3 Thus he submitted that it is grossly incorrect to initiate 263\nproceedings on the ground of no enquiry or inadequate inquiry.\nConsequently, the order of the AO dt.28.12.2019 is neither\nerroneous nor prejudicial

SHRI. M.NARENDRA KUMAR,BANGALORE vs. INCOME-TAX OFFICER, WARD-7(2)(3), BANGALORE

In the result, both the appeals filed by the assessees stands partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2015-16 Shri M. Nanda Kumar, By Lr Smt. Jayashree R, No. 25, Shankamma Bldg, The Income Tax 9Th Cross, Officer, Gundappa Gowda Road, Ward – 7(2)(3), Ejipura, Vivek Nagar Post, Bangalore. Vs. Bangalore – 560 047. Pan: Amnpm8080H Appellant Respondent & Assessment Year : 2015-16 Shri M. Narendra Kumar, No. 25, Shankamma Bldg, The Income Tax 9Th Cross, Officer, Gundappa Gowda Road, Ward – 7(2)(3), Ejipura, Vivek Nagar Post, Bangalore. Bangalore – 560 047. Vs. Pan: Amnpm8079N Appellant Respondent Assessee By : Shri H. Guruswamy, Itp : Smt. Priyadarshini Revenue By Besaganni, Addl. Cit-Dr Date Of Hearing : 22-06-2023 Date Of Pronouncement : 27-06-2023

167 ITR 471 wherein, Hon’ble Court observed as under:- “The Legislature has conferred the power to condone delay by enacting section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits ". The expression “sufficient cause” employed by the Legislature is adequately elastic

SHRI. M.NANDA KUMAR, L/R SMT. JAYASHREE R,BANGALORE vs. INCOME-TAX OFFICER, WARD-7(2)(3), BANGALORE

In the result, both the appeals filed by the assessees stands partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2015-16 Shri M. Nanda Kumar, By Lr Smt. Jayashree R, No. 25, Shankamma Bldg, The Income Tax 9Th Cross, Officer, Gundappa Gowda Road, Ward – 7(2)(3), Ejipura, Vivek Nagar Post, Bangalore. Vs. Bangalore – 560 047. Pan: Amnpm8080H Appellant Respondent & Assessment Year : 2015-16 Shri M. Narendra Kumar, No. 25, Shankamma Bldg, The Income Tax 9Th Cross, Officer, Gundappa Gowda Road, Ward – 7(2)(3), Ejipura, Vivek Nagar Post, Bangalore. Bangalore – 560 047. Vs. Pan: Amnpm8079N Appellant Respondent Assessee By : Shri H. Guruswamy, Itp : Smt. Priyadarshini Revenue By Besaganni, Addl. Cit-Dr Date Of Hearing : 22-06-2023 Date Of Pronouncement : 27-06-2023

167 ITR 471 wherein, Hon’ble Court observed as under:- “The Legislature has conferred the power to condone delay by enacting section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits ". The expression “sufficient cause” employed by the Legislature is adequately elastic

SREE CAUVERY SOUHARDA CREDIT SAHAKARI SANGHA NIYAMITHA,BENGALURU vs. INCOME TAX OFFICER WARD 1(1)(1), BENGALURU

Bench: Shri Waseem Ahmed & Shri Soundararajan K

gains or capital by the cooperative societies engaged in providing credit facilities to the members is squarely covered in favour of the assessee by the ruling of Jurisdictional High Court in the cases of Tumkur Merchants Souharda Credit Cooperative Ltd(supra), Guttigedarara Credit Co-operative Society Ltd. and Lalitamba Pattina Souharda Sahakari Niyamita vs. ITO as well

SHRI. SHANTHISAGAR CO OP CREDIT SOCIETY LIMITED,HUBLI vs. INCOME TAX OFFICER, WARD-2(1), HUBLI

In the result, the appeal of the assessee is hereby partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2017-18

gains or capital by the cooperative societies engaged in providing credit facilities to the members is squarely covered in favour of the assessee by the ruling of Jurisdictional High Court in the cases of Tumkur Merchants Souharda Credit Cooperative Ltd(supra), Guttigedarara Credit Co-operative Society Ltd. and Lalitamba Pattina Souharda Sahakari Niyamita vs. ITO as well

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

capitalized and no amount was claimed as revenue expenditure, no disallowance under section 40(a)(i) and (ia) of the Act would be made. It is also pertinent to note that depreciation is a statutory deduction available to the assessee on a asset, which is wholly or partly owned by the assessee and used for business or profession. The depreciation

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

capitalized and no amount was claimed as revenue expenditure, no disallowance under section 40(a)(i) and (ia) of the Act would be made. It is also pertinent to note that depreciation is a statutory deduction available to the assessee on a asset, which is wholly or partly owned by the assessee and used for business or profession. The depreciation

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-12 , BANGALORE

In the result, the appeal filed by the revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

capitalized and no amount was claimed as revenue expenditure, no disallowance under section 40(a)(i) and (ia) of the Act would be made. It is also pertinent to note that depreciation is a statutory deduction available to the assessee on a asset, which is wholly or partly owned by the assessee and used for business or profession. The depreciation

PRITHVIRAJ LEKKAD MALLIKARJUN,BENGALURU vs. INCOME TAX OFFICER, WARD - 1(2)(1), BENGALURU

In the result, the appeal by the assessee is allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Prakash Chand Yadavassessment Year : 2020-21

sections 234A, 234B & 234C is not leviable and ought to have been waived on the facts of the case. 6. The Appellant craves leave of your Honour to add, alter, delete or substitute any of the grounds urged above. 7. In view of the above and other grounds that may be urged at the time of the hearing

JADAGADDER PAKKERAPPA, LEGAL HEIR SAROJAMMA,SHIKARIPURA vs. INCOME TAX OFFICER, WARD-1 & TPS,, SHIMOGA

In the result, appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2016-17

capital gain and added the same to the income of the assessee. The AO completed the assessment proceedings on a total assessed income of Rs.60,00,000 u/s 147 r.w.s. 144 r.w.s. 144B of the Act. 4. Aggrieved by the order of AO passed u/s 147 r.w.s. 144 of the Act dated 12.1.2024, the legal heir of the assessee

DANDU JOJAPPA FRANCIS,BANGALORE vs. INCOME TAX OFFICER, WARD-4(2)(3), BENGALURU

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

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.Assessment Year : 2016-17

capital gains at Rs. 2,83,61,200/- apart from the other additions. Admittedly, the income estimated by the AO is more than Rs. 50 Lakhs and the notice was also issued after the period of 3 years and therefore the assessing officer has to obtain the prior approval of the specified authority to issue such notice. The section

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU, BENGALURU vs. INFOSYS LIMITED, BENGALURU

In the result, appeal filed by the assessee is partly allowed and the appeal filed by the revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2019-20

gain on forward contracts, income from scrip sale and other business income comprising of hotel rent pertaining to SEZ Units by following the decisions of the Karnataka High Court in the case of CIT v Hewlett Packard Global Soft Ltd [2017] 87 taxmann.com 182, DCIT v Motorola India Electronics P Ltd [2014] 46 taxmann.com 167, Green Agro Pack

M/S. RMZ HOTELS PRIVATE LIMITED,BANGALORE vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojariassessment Year: 2018-19

167 ITR 471) laid down six principles. For the purpose of convenience, the principles laid down by the Apex Court are reproduced hereunder: (1) Ordinarily, a litigant does not stand to benefit by lodging an appeal late. (2) Refusing to condone delay can result in a meritorious matter being thrown at the very threshold and cause of justice being defeated

RAAJRATNA ENERGY HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

section 56(2)(viib) of the\nAct for the Assessment Year 2017-18. Further for the Assessment Year 2018-\n19, AO has disallowed short term capital loss of Rs.5,10,000/- as per his Order\nat para No.5 on sale of investment in Venu Hydro Powers Ltd., and observed\nthat the assessee has claimed excess long term capital loss

VAZHOOR SUDARSANAN THAMPI,THRISSUR vs. INCOME TAX OFFICER, (INTERNATIONAL TAXATION), WARD-2(1), BENGALURU

Appeal is partly allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan Ka. Y. 2015-16 Appellant Respondent Vazhoor Sudarshanan The Income Tax Officer Thampi International Taxation Vazhoor House, Ward 2 (1) T C 5/1892Valappad Bangalore Vallapad Beach Thrissur Kerala 680567 Pan Afxpt6193D For Appellant Shri Sidhesh N Gadi, Ca For Respondent Dr. Divya K J Cit Dr Date Of Hearing 19-08-2025 Date Of Pronouncement 28-08-2025

gain, neither sale consideration and nor acquisition cost is doubted, the capital loss cannot deny. d. Confirmation of the Indian companies is submitted to shows repayment of loan, loans are depicted in the annual accounts of those companies, which is repaid, therefore noting more could have been produced. 8. Learned DRP held that that the transaction of sale of shares