DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(4), BENGALURU vs. ALAGAPPA ANNAMALAI (HUF), BENGALURU

The appeals of the assessees are allowed\nand revenue appeals are dismissed

35,99,751 [being the difference\nbetween Rs.41,96,95,044.50 and Rs.14,60,95,303 in the AY 2017-18\nand permit me to pay the balance tax in instalment. I hereby submit\nthat the omission to offer the capital gains in the AY 17-18 was not\nwilful but due to lack of details from Millenia Realtors

SRI ALAGAPPA ANNAMALAI(HUF),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(4), BANGALORE

In the result, both the appeals of the assessees are allowed\nand revenue appeals are dismissed

35,99,751 [being the difference\nbetween Rs.41,96,95,044.50 and Rs.14,60,95,303 in the AY 2017-18\nand permit me to pay the balance tax in instalment. I hereby submit\nthat the omission to offer the capital gains in the AY 17-18 was not\nwilful but due to lack of details from Millenia Realtors

SRI ALAGAPPA MUTHIAH(HUF),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(4), BANGALORE

In the result, both the appeals of the assessees are allowed\nand revenue appeals are dismissed

35,99,751 [being the difference\nbetween Rs.41,96,95,044.50 and Rs.14,60,95,303 in the AY 2017-18\nand permit me to pay the balance tax in instalment. I hereby submit\nthat the omission to offer the capital gains in the AY 17-18 was not\nwilful but due to lack of details from Millenia Realtors

NAVJYOTI SHARMA,BANGALORE vs. DCIT ASMNT, BANGALORE

In the result appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Capital Gain u/s. 45 of the Act. 3.1 During the course of assessment proceedings, the AO noticed that assessee had sold his house property in Delhi on 07/09/2015 for a consideration of Rs.70,00,000/- which was originally purchased on 04/06/2007 for a consideration of Rs.17,00,000/-, the index cost of acquisition being worked out to Rs.33,35

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BANGALORE vs. M/S OLIVIYA APPARELS PRIVATE LIMITED, BANGALORE

In the result, all the appeals filed by the revenue and the assessee are dismissed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

35,81,847 2006-07 29.7.2010 3,28,500 2007-08 29.7.2010 9,52,480 5. The AO completed the assessment by making the following additions:- Asst. year Asst. year Asst. year Addition 2005-06 2006-07 2007-08 Bad debts written off 30,34,124 26,633 – Unexplained expenses 54,17,542 – – towards property improvement Undisclosed capital

M/S OLIVIA APPARELS PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BANGALORE

In the result, all the appeals filed by the revenue and the assessee are dismissed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

35,81,847 2006-07 29.7.2010 3,28,500 2007-08 29.7.2010 9,52,480 5. The AO completed the assessment by making the following additions:- Asst. year Asst. year Asst. year Addition 2005-06 2006-07 2007-08 Bad debts written off 30,34,124 26,633 – Unexplained expenses 54,17,542 – – towards property improvement Undisclosed capital

M/S OLIVIA APPARELS PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BANGALORE

In the result, all the appeals filed by the revenue and the assessee are dismissed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

35,81,847 2006-07 29.7.2010 3,28,500 2007-08 29.7.2010 9,52,480 5. The AO completed the assessment by making the following additions:- Asst. year Asst. year Asst. year Addition 2005-06 2006-07 2007-08 Bad debts written off 30,34,124 26,633 – Unexplained expenses 54,17,542 – – towards property improvement Undisclosed capital

M/S. OLIVIA APPARELS PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BANGALORE

In the result, all the appeals filed by the revenue and the assessee are dismissed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

35,81,847 2006-07 29.7.2010 3,28,500 2007-08 29.7.2010 9,52,480 5. The AO completed the assessment by making the following additions:- Asst. year Asst. year Asst. year Addition 2005-06 2006-07 2007-08 Bad debts written off 30,34,124 26,633 – Unexplained expenses 54,17,542 – – towards property improvement Undisclosed capital

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BANGALORE vs. M/S OLIVIYA APPARELS PRIVATE LIMITED, BANGALORE

In the result, all the appeals filed by the revenue and the assessee are dismissed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

35,81,847 2006-07 29.7.2010 3,28,500 2007-08 29.7.2010 9,52,480 5. The AO completed the assessment by making the following additions:- Asst. year Asst. year Asst. year Addition 2005-06 2006-07 2007-08 Bad debts written off 30,34,124 26,633 – Unexplained expenses 54,17,542 – – towards property improvement Undisclosed capital

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

capital gains is taxable in AY 1996-97. The High Court\nobserved that in the instant case, the agreement was a\nDevelopment Agreement and the test to be applied to decide the\nyear of chargeability was the year in which the transaction had\nbeen entered into. This view was taken for the reason that the\nDevelopment Agreement does not transfer

WIPRO LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

gains of business or profession." 2.15 As seen from above, any expenditure which is not covered by section 30 to 36 and which is not capital expenditure is claimed under section 37(l). This shows that even as per the assessee this was not an expenditure covered by Sec. 30 to 36 of the Act. That is the reason

NABHIRAJ RATNA BALRAJ BY LEGAL HEIR B.R.RAKESH,BANGALORE vs. INCOME-TAX OFFICER, WARD-7(2)(1), BANGALORE

In the result the appeal of the assessee is allowed

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2016-17

35 and section 37 of the Wealth- tax Act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act. Explanation 1.—For the purposes of this section, "Valuation Officer" shall have the same

DASA SHETTY KANTHA,BANGALORE vs. ACIT CIRCLE 6(3)(1), BANGALORE, BANGALORE

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

35% of the built-up\narea in exchange for transferring development rights over the land.\nThese flats were subsequently sold, and the assessee offered the\nresultant gain to tax under the head “Long Term Capital Gains\" after\n\nITA No.1926/Bang/2024\n& 299/Bang/2025\nPage 17 of 20\n\ndeducting indexed cost of acquisition, improvement, and selling\nexpenses.\n34.2 The Assessing Officer

TATA ELXSI LIMITED ,BANGALORE vs. DEPUTY COMMISIONER INCOMER TAX, CIRCLE-7(1)(1), BANGALORE

Accordingly, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Tata Elxsi Ltd., The Deputy 126, Itpb Road, Commissioner Hoody, Of Income Tax, Whitefield, Circle – 7(1)(1), Bangalore – 560 048. Bangalore. Vs. Pan: Aaact7872Q Appellant Respondent

capital gains and income from other sources. Insofar as income under the head 'profits and gains of business or professions' is concerned, provisions thereto are contained in Sections 28 to 44DB of the Act. Section 28 specifies various incomes which shall be chargeable to income tax under this head. Thereafter, Section 29 provides that income referred to in Section

M/S. TATA ELXSI LIMITED., ,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, CIRCLE-7(1)(1), BANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri George George K. & Shri Chandra Poojari

capital gains and income from other sources. Insofar as income under the head 'profits and gains of business or professions' is concerned, provisions thereto are contained in Sections 28 to 44DB of the Act. Section 28 specifies various incomes which shall be chargeable to income tax under this head. Thereafter, Section 29 provides that income referred to in Section

M/S. S I MEDIA LLP, ,BENGALURU vs. DCIT, CIRCLE-1(1)(1), BENGALURU

In the result appeal of the assessee allowed for statistical purposes

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

35. Once, the assessee has availed deduction u/s 24(b) on account of interest paid on housing . Page 5 of 8 loan , there could not be again addition of the same interest on housing loan to the cost of acquisition u/s 48 for computing capital gains chargeable to income-tax, as the said increased cost of acquisition is deducted while

M/S. ANAND DIAGNOSTIC LABORATORY,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

Section 45(4) states as follows: "45.(4) The profits or gains arising from the transfer of a capital asset by way of distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals (not being a company or a co-operative society) or otherwise, shall be chargeable

M/S. ANAND DIAGNOSTIC LABORATORY,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

Section 45(4) states as follows: "45.(4) The profits or gains arising from the transfer of a capital asset by way of distribution of capital assets on the dissolution of a firm or other association of persons or body of individuals (not being a company or a co-operative society) or otherwise, shall be chargeable

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

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

35% of the built-up\narea in exchange for transferring development rights over the land.\nThese flats were subsequently sold, and the assessee offered the\nresultant gain to tax under the head “Long Term Capital Gains\" after\n\nITA No.1926/Bang/2024\n& 299/Bang/2025\n\nPage 17 of 20\n\ndeducting indexed cost of acquisition, improvement, and selling\nexpenses.\n\n34.2