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

K S HANUMANTHA RAO,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU-2, BANGALORE

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

Bench: Shri George George K

263 of the I.T.Act was of the view that capital gains on sale of first and second floors would give rise to long term capital gains. However, with regard to sale of ground floor, the CIT held that since it was purchased by the assessee vide sale deed dated 29.10.2009 and was sold vide sale deed dated 24.05.2012, the ground

R V DESHPANDE HUF,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BANGALORE-1, BANGALORE

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

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy Sassessment Year : 2017-18

capital loss and has allowed the set off of the same from current year gains. This view of the ld. PCIT, in our opinion, is not the right reason for exercising revisionary powers u/s. 263 of Act as the error envisaged by Section

TYCO FIRE AND SECURITY INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.270/Bang/2021 Assessment Year : 2016-17 Acit, M/S. Tyco Fire & Security India Private Limited, Vs. D-601, Rmz Centennial, Circle - 7(1)(1), Kundalahalli Main Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 0087 C Appellant Respondent Assessee By : Shri. Rajan Vora, Ca Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 27/11.09.2022 Date Of Pronouncement : 28.11.2022 O R D E R Per N V Vasudevan

capital loss on sale of shares as claimed by the Assessee and hold that the transaction of sale of shares deserves to be ignored and no loss can be determined nor can any short term gain be taxed. Thus the grounds relating to short term loss/gain on sale of shares are treated as partly allowed. 54. Ground No.23

BSNL EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED ,HUBBALLI vs. PR. CIT, HUBBALLI , HUBBALLI

In the result the appeal filed by the assessee is allowed

capital, if not\nimmediately required to be lent to the members, the society cannot keep the said\namount idle. If they deposit this amount in bank so as to earn interest, the said\ninterest income is attributable to the profits and gains of the business of providing\ncredit facilities to its members only. The society is not carrying

PIONEER INDEPENDENT TRUST ,BANGALORE vs. PR. COMMISSIONER OF INCOME TAX, BENGALURU-2, BENGALURU

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

Bench: Shri Prashant Maharishi, Vice – & Shri Soundararajan K.Assessment Year : 2020-21

capital gain on transfer of units of equity-oriented funds is as per Section 55(2)(ac) of the Act and, therefore, the very assumption of jurisdiction by the Respondent under Section 263

CISCO SYSTEMS (INDIA) PRIVATE LIMITED,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 2, KORAMANGALA, BANGALORE

In the result, the appeal of the assessee is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Year: 2021-22

capital creditors for the purchase of fixed assets, the assessee has submitted that as per the provisions of section 43A, the foreign exchange gain had been added to the block of assets. In the note to accounts, the assessee has shown a net amount of Rs. 6,88,48,453/- as the foreign exchange gain on purchase of fixed assets

M/S. JANATHA FISH MEAL & OIL PRODUCTS,UDUPI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, (CENTRAL), , BENGALURU

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

Bench: Shri N.V. Vasudevan & Ms.Padmavathy S.M/S. Janatha Fish Meal & Vs Pcit, Central Oil Products C.R. Building D.No. 1-4(9), Manur Fisheries Queen'S Road Road, Kota, Post Kota Bengaluru 560001 Udupi 0576221 Pan – Aaefj1257G (Appellant) (Respondent) Assessee By: Shri V. Narendra Sharma, Advocte Revenue By: Shri Manjunath Karkihalli, Cit-Dr Date Of Hearing: 14/09/2022 Date Of Pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This Appeal Is Against The Revision Order Passed Under Section 263 Of The Income Tax Act, 1961 (The Act) Dated 28.03.2022 Passed For Ay 2018-19 By The Principal Commissioner Of Income Tax, (Pcit) Bangalore.

gains of business or profession”. As per Schedule-4 this amount of Rs.4,92,61,199/- includes Rs.1,82,70,000/- being the difference in stock valuation admitted u/s. 132(4). 10. The PCIT has stated the order of the AO to be erroneous to the extent that the AO has not verified the source of excess stock and that

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 on account of conversion of a firm into a company under the provisions of Schedule IX of the Companies Act, 1956. Now the law is quite settled that an assessment u/s. 153A can be made only based on the incriminating material found as a result of action u/s. 132 of the Act. In the present cases, the alleged

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 on account of conversion of a firm into a company under the provisions of Schedule IX of the Companies Act, 1956. Now the law is quite settled that an assessment u/s. 153A can be made only based on the incriminating material found as a result of action u/s. 132 of the Act. In the present cases, the alleged

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 on account of conversion of a firm into a company under the provisions of Schedule IX of the Companies Act, 1956. Now the law is quite settled that an assessment u/s. 153A can be made only based on the incriminating material found as a result of action u/s. 132 of the Act. In the present cases, the alleged

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 on account of conversion of a firm into a company under the provisions of Schedule IX of the Companies Act, 1956. Now the law is quite settled that an assessment u/s. 153A can be made only based on the incriminating material found as a result of action u/s. 132 of the Act. In the present cases, the alleged

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

263 of the Act once the proceedings under Section 153A was initiated. The High Court in Canara Housing Development Co. (supra) answered the question in the negative. It referred to the decision of this Court in CIT v. Anil Kumar Bhatia (211Taxman 453 Delhi) and came to the conclusion that once proceedings are initiated under Section 153A

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

263 of the Act once the proceedings under Section 153A was initiated. The High Court in Canara Housing Development Co. (supra) answered the question in the negative. It referred to the decision of this Court in CIT v. Anil Kumar Bhatia (211Taxman 453 Delhi) and came to the conclusion that once proceedings are initiated under Section 153A

ADARSHA SOUHARDA SAHAKARI NIYAMIT SIRSI,SIRSI vs. PR. COMMISSIONER OF INCOME TAX, , HUBALLI

In the result the appeal filed by the assessee is allowed

capital, if not immediately required to be lent to the members, the\nsociety cannot keep the said amount idle. If they deposit this amount in bank so as\nto earn interest, the said interest income is attributable to the profits and gains of\nthe business of providing credit facilities to its members only. The society is not\ncarrying

M/S. KARTHIK ESTATE,UDUPI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL, BENGALURU

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy Sassessment Year : 2018-19

capital of GTPL being already tax, all the investment made by the said company recorded in its balance sheet stands explained tax in its hands itself and hence, "there is no question of adding the same amount in the hands of the assessee. As regards loans from PAFPL, it was submitted that assessee company has made voluntary disclosure of income

HARIYAPPA KOTIAN,UDUPI vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL, BENGALURU

In the result, the appeals of the assessee are allowed

Bench: Shri N.V Vasudevan, Hon’Ble & Shri Laxmi Prasad Sahu

capital of GTPL being already tax, all the investment made by the said company recorded in its balance sheet stands explained tax in its hands itself and hence, "there is no question of adding the same amount in the hands of the assessee. As regards loans from ITA Nos.430 & 431/Bang/2022 Page 22 of 28 PAFPL, it was submitted that assessee