SHRI. ANANTULA VIJAY MOHAN ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Keshav Dubey\Nita Nos.2059 & 2060/Bang/2024\N Assessment Years: 2016-17 & 2017-18\Nanantula Vijay Mohan\N9, Banjara Avenue Road\Nno.1, Banjara Hills\Nhyderabad 500 034\Npan No: Aelpm6515K\Nappellant\Nvs.\Nvs.\Ndcit\Ncircle-6(1)(1)\Nbangalore\Nrespondent\Nsp No.67/Bang/2024\N(Arising Out Of Ita No.2060/Bang/2024)\N Assessment Year: 2017-18\Nanantula Vijay Mohan\N9, Banjara Avenue Road\Nno.1, Banjara Hills\Nhyderabad 500 034\Npan No: Aelpm6515K\Nappellant\Ndcit\Ncircle-6(1)(1)\Nbangalore\Nrespondent\Nappellant By\Nrespondent By\Nsri Padma Khincha, A.R.\Nsri Sridhar E., D.R.\Ndate Of Hearing\N: 18.02.2025\Ndate Of Pronouncement: 07.05.2025\Norder\Nper Laxmi Prasad Sahu:\Nthese Appeals At The Instance Of The Assessee Are Directed\Nagainst The Orders Of Ld. Cit(A)/Nfac, Delhi Both Dated 23.09.2024\Nvide Din & Order No. Itba/Nfac/S/250/2024-25/1068988279(1)\Nfor The Assessment Year 2016-17 & Vide Din & Order\Nno.Itba/Nfac/S/250/2024-25/1068999127(1) For The Assessment\Nyear 2017-18 Passed U/S 250 Of The Income Tax Act, 1961 (In Short\N'The Act'). Since Both These Appeals & The Stay Petition Are Of The\Nsame Assessee For The Different Assessment Years, These Are Clubbed\Ntogether, Heard Together & Disposed Of By This Common Order For\Nthe Sake Of Convenience & Brevity.\Nita No.2059/Bang/2024 (Ay 2016-17):\N2. First, We Take Up Ita No.2059/Bang/2024 For The Ay 2016-\N17 Wherein The Assessee Has Raised The Following Grounds Of Appeal:\N1. General\N1.

capital gain from bonus BEL shares to business income, denying exemption under Section 10(38). Both assessments were allegedly done without following mandatory procedures.", "held": "The Tribunal held that the Assessing Officer (AO) exceeded jurisdiction by expanding the scope of limited scrutiny without proper approval and by failing to issue a draft assessment order as required by Section 144C

ANANTULA VIJAY MOHAN ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

In the result, appeals filed by the assessee are allowed

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Keshav Dubey\Nita Nos.2059 & 2060/Bang/2024\N Assessment Years : 2016-17 & 2017-18\Nanantula Vijay Mohan\N9, Banjara Avenue Road\Nno.1, Banjara Hills\Nhyderabad 500 034\Npan No:Aelpm6515K\Nappellant\Nvs.\Ndcit\Ncircle-6(1)(1)\Nbangalore\Nrespondent\Nsp No.67/Bang/2024\N(Arising Out Of Ita No.2060/Bang/2024)\N Assessment Year: 2017-18\Nanantula Vijay Mohan\N9, Banjara Avenue Road\Nno.1, Banjara Hills\Nhyderabad 500 034\Npan No: Aelpm6515K\Nappellant\Nvs.\Ndcit\Ncircle-6(1)(1)\Nbangalore\Nrespondent\Nappellant By\Nrespondent By\N: Sri Padma Khincha, A.R.\N: Sri Sridhar E., D.R.\Ndate Of Hearing\Ndate Of Pronouncement:\N: 18.02.2025\N: 07.05.2025\Norder\Nper Laxmi Prasad Sahu:\Nthese Appeals At The Instance Of The Assessee Are Directed\Nagainst The Orders Of Ld. Cit(A)/Nfac, Delhi Both Dated 23.09.2024\Nvide Din & Order No. Itba/Nfac/S/250/2024-25/1068988279(1)\Nfor The Assessment Year 2016-17 & Vide Din & Order\Nno.Itba/Nfac/S/250/2024-25/1068999127(1) For The Assessment\Nyear 2017-18 Passed U/S 250 Of The Income Tax Act, 1961 (In Short\N\"The Act\"). Since Both These Appeals & The Stay Petition Are Of The\Nsame Assessee For The Different Assessment Years, These Are Clubbed\Ntogether, Heard Together & Disposed Of By This Common Order For\Nthe Sake Of Convenience & Brevity.\Nita No.2059/Bang/2024 (Ay 2016-17):\N2. First, We Take Up Ita No.2059/Bang/2024 For The Ay 2016-\N17 Wherein The Assessee Has Raised The Following Grounds Of Appeal:\N1. General\N1.

234A, section\n234B and section 234C.\nThe Appellant submits that each of the above grounds/ sub-grounds are independent and\nwithout prejudice to one another. The Appellant craves leave to add, alter, vary, omit,\nsubstitute, or amend the above grounds of appeal, at any time before or at the time of\nhearing, of the appeal, so as to enable

DASA SHETTY KANTHA,BANGALORE vs. ACIT CIRCLE 3(2)(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is partly allowed

capital gains, and the disallowance of expenses was unjustified.", "result": "Partly Allowed", "sections": [ "2(47)(v)", "53A", "234A", "234B", "234C

ROOPA JAGADISH ,MYSURU vs. ACIT, CIRCLE-1(1), MYSURU

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2012-13

capital gains for AY 2008-09 should be applied for AY 2012-13, erred in adopting the cost of construction at Rs.951/- instead of Rs.1,620/-. 8. The CIT(A) and Ld AO erred in rejecting the valuation report submitted by the Appellant to substantiate the cost of construction. 9. The CIT(A) and Ld AO erred in not making

MR. HOTHUR MOHAMMED TAUSEEF,BELLARY vs. DCIT-CIRCLE-1, BELLARY

Bench: Shri Chandra Poojari & Shri Anikesh Banerjeeassessment Year : 2016-17 Shri Hothur Mohammed Tauseef, Sofia House, The Deputy Opp: State Bank Of Commissioner Of Mysore, Income Tax, Infantry Road, Circle – 1, Cantonment, Vs. Bellary. Bellary – 583 104. Pan: Acwpt0308C Appellant Respondent Assessee By : Shri B.S. Balachandran, A.R. Revenue By : Shri K. Sankar Ganesh, D.R. Date Of Hearing : 01-02-2023 Date Of Pronouncement : 21-03-2023 Order Per Anikesh Banerjee

capital gain on the sale of same asset cannot be considered in the hands of the assessee. (iii) That the officers of the Department are duty bound to be realistic 86 correct in their approach and should not take advantage of mistakes, if any, on the part of the assessee. Cash Deposits. 4. The learned AO as well

VINOD PRASAD INJETI ,BANGALORE vs. INCOME TAX OFFICER, WARD-2(3)(3), BANGALORE

In the result, we reverse the orders of the ld

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2014-15

section 234A, 234B and 234C of the Act which are consequential to the above impugned additions. 10. The Appellant craves leave to add, rescind, modify the grounds hereinabove and all the above grounds are without prejudice to each other.” 3. The only dispute involved in this appeal is non-granting of cost of construction to the assessee of a property

AKSHAY KUMAR RUNGTA,BANGALORE vs. INCOME TAX OFFICER, WARD 2(1), INTERNATIONAL TAXATION

In the result, appeal filed by the assessee is allowed as per above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubeyit(It)A No.66/Bang/2024 Assessment Year :2015-16

capital gain of Rs.23,18,153/- made on the scrip sale of Pearl Electric Limited on the facts and circumstances of the case. b. The authorities below were not justified in invoking the provisions of section 69A of the Act with respect to the purchase of shares of Mahaveer Advanced Rem for Rs.10,60,000/- on the facts and circumstances

INCOME TAX OFFICER, KORAMANGALA BANGALORE vs. NADAKRISHNA THIMMAIAH, BANGALORE

234A of the Act.\nThe Appellant craves leave to add or altar, by deletion, substitution or otherwise, any\nor all the above grounds of appeal, at any time before or during the hearing of the\nappeal.\n2.3 The crux of the above grounds raised by assessee are that the ld.\nCIT(A) erred in sustaining additions in respect of income

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, appeal of the revenue in ITA No

234A of the Act.\nThe Appellant craves leave to add or altar, by deletion, substitution or otherwise, any\nor all the above grounds of appeal, at any time before or during the hearing of the\nappeal.\n2.3 The crux of the above grounds raised by assessee are that the ld.\nCIT(A) erred in sustaining additions in respect of income

SMT. SARITHA JAIN,BENGALURU vs. THE INCOME TAX OFFICER, (INTERNATIONAL TAXATION), WARD-1(1), BENGALURU

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A No. 51/Bang/2023 Assessment Year : 2013-14 Smt. Saritha Jain, The Income Tax Flat No. 3, 28/1, Officer Gowri Kunj, (International Palace Cross Road, Taxation), Vasanth Nagar, Ward – 1(1), Bengaluru – 560 020. Vs. Bengaluru. Pan: Aedpj9216L Appellant Respondent

capital gains which requires to be reduced to the returned income on the facts and circumstances of the case. 8. The learned CIT(A) failed to appreciate that the Assessing Officer ought to have referred to the valuation officer in terms of section 50C(2) of the Act and any addition without reference is liable to be deleted

SRI. SANDEEP NARAYAN GOWDA,BANGALORE vs. INCOME TAX OFFICER, WARD-7(2)(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15

capital gains on sale of shares amounting to Rs. 1,47,371 is bad in law and liable to be deleted. Levy of interest under section 234A

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

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

234A, 234B and 234C of the Act of the Act, in view of the fact that there is no liability to additional tax as determined by the assessing officer. Without prejudice, the rate, period and on what quantum the interest has been levied are not in accordance with law and are not discernible from the order and hence deserves

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

234A, 234B and 234C of the Act of the Act, in view of the fact that there is no liability to additional tax as determined by the assessing officer. Without prejudice, the rate, period and on what quantum the interest has been levied are not in accordance with law and are not discernible from the order and hence deserves

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

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

234A, 234B and 234C of the Act of the Act, in view of the fact that there is no liability to additional tax as determined by the assessing officer. Without prejudice, the rate, period and on what quantum the interest has been levied are not in accordance with law and are not discernible from the order and hence deserves

MR. JAGANATH RAMACHANDRA JAMADAR ,BIDAR vs. INCOME TAX OFFICER, WARD-1 , BIDAR

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2017-18

capital gains for the AY 2017-18 which is not in terms of section 45(2) of the Act. 8. That on the facts and circumstances of the case and in law, the Ld AO had grossly erred in considering the cost of acquisition at Rs 3,00,000 and not Rs 3,35,000 as incurred by me towards

PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 1(3), BENGALURU, BANGALORE

In the result the appeal of the assessee is allowed

Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

gain of INR 3,42,78,18,865, erred in treating the cost of acquisition of all the IPs (including technological IPs) as NIL as per the provisions of section 55(2) of the Act without appreciating that the said provisions do not apply to the technological IPs transferred during the year. 13. Disallowance under section

MUNIRAJU VIJAYALAKSHMI ,CHIKKABALLAPURA vs. INCOME TAX OFFICER, WARD-1, CHIKKABALLAPURA

In the result, appeal filed by the assessee is allowed for statistical\npurposes

sections": [ "250", "139", "148", "50C", "54F", "234A", "234B", "144", "147" ], "issues": "Whether the assessee was denied a reasonable opportunity of being heard and whether the entire sale consideration was correctly treated as capital gains

VINAY KONCHADY SHENOY ,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(1), , BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2019-20

234A B and C consequent to above addition. 5. The Appellant craves leave to add, to alter, to amend or to delete any of the grounds that may be urged at the time of hearing of the Appeal Wherefore on the above grounds and on such other grounds the Appellant prays the Appellate Authority to set aside the Assessment order