K.R. PARAMAHAMSA,BANGALORE vs. DCIT, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

546. The ld. counsel for the assessee stated that all ITA No.1405 to 1408/Bang/2013 Page 11 of 25 expenses were incurred in the course of and carrying on of business and are duly vouched and hence are to be allowed as such. The expenses are genuine expenditure incurred for the purpose of business. 24. We set aside this issue back

K.R. PARAMAHAMSA,BANGALORE vs. DCIT, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

546. The ld. counsel for the assessee stated that all ITA No.1405 to 1408/Bang/2013 Page 11 of 25 expenses were incurred in the course of and carrying on of business and are duly vouched and hence are to be allowed as such. The expenses are genuine expenditure incurred for the purpose of business. 24. We set aside this issue back

ACIT, BANGALORE vs. M/S ICICI EMERGING SECTOR FUND,, BANGALORE

In the result, all the thirteen appeals of the revenue are dismissed

Bench: Shri Sunil Kumar Yadav & Shri A.K.Garodia, Accounant Member

546 held (page 551) 'an association of persons must be one in which two or more persons join in a common purpose or common action, and as the words occur in a section which imposes a tax on income, the association must be one the object of which is to produce income, profits or gains'. The Supreme Court, however, administered

ITO vs. SRI. N.P. BAGWA & OTHERS,

In the result, all these appeals and cross objections are allowed

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

546 [SC] [2] G. MURUGESAN & BROTHERS reported in 88 ITR 432 [SC] [3] N.V.SHANMUGAM & CO., reported in 81 ITR 310 [SC] [4] FAQIR CHAND GULATI V. UPPAL AGENCIES P. LTD. reported in 10 SCC 345 [2008] 3[B] The learned CIT[A] has failed to note the joint development agreement having been entered into on ITA Nos.1012-1014-13, CO Nos.5

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

gains of the business for the assessment year 1981-82. 2. The assessee had, in the course of the assessment proceedings for the assessment year 1981-82, claimed the deduction of Rs. 10,542 which amount had heed paid by it to the Income-tax Department as interest under section 201(1A). The claim so made was rejected

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

gains of the business for the assessment year 1981-82. 2. The assessee had, in the course of the assessment proceedings for the assessment year 1981-82, claimed the deduction of Rs. 10,542 which amount had heed paid by it to the Income-tax Department as interest under section 201(1A). The claim so made was rejected

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

gains of the business for the assessment year 1981-82. 2. The assessee had, in the course of the assessment proceedings for the assessment year 1981-82, claimed the deduction of Rs. 10,542 which amount had heed paid by it to the Income-tax Department as interest under section 201(1A). The claim so made was rejected

M/S FLIPKART INDIA PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, appeal by the Assessee is allowed and the appeal by the Revenue is dismissed

Bench: Shri N.V Vasudevan & Shri Jason P Boaz

546. The action of the revenue authorities was not accepted by the tribunal and the Hon’ble High court. On further appeal by the revenue the Hon’ble Supreme Court held that the authorities under the Act have come to the conclusion that the transaction between the assessee and its subsidiary company was a bona fide transaction and the assessee

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

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, 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 OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

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

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

JCIT, BANGALORE vs. M/S CANARA BANK, BANGALORE

In the result, appeal by the revenue is partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

gains of business of assessee-bank. 11.4 On the other hand, ld.CIT(DR) relied on the orders of the lower authorities. 11.5 We heard rival submissions and perused material on record. The submission of the learned counsel for the assessee- bank that securities of M/s Pennar Aluminium Ltd., were acquired during the normal course of business of assessee-bank

CANARA BANK,BANGALORE vs. ADDL. C.I.T., BANGALORE

In the result, appeal by the revenue is partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

gains of business of assessee-bank. 11.4 On the other hand, ld.CIT(DR) relied on the orders of the lower authorities. 11.5 We heard rival submissions and perused material on record. The submission of the learned counsel for the assessee- bank that securities of M/s Pennar Aluminium Ltd., were acquired during the normal course of business of assessee-bank

M/S. CANARA BANK,BANGALORE vs. ACIT, BANGALORE

In the result, appeal by the revenue is partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

gains of business of assessee-bank. 11.4 On the other hand, ld.CIT(DR) relied on the orders of the lower authorities. 11.5 We heard rival submissions and perused material on record. The submission of the learned counsel for the assessee- bank that securities of M/s Pennar Aluminium Ltd., were acquired during the normal course of business of assessee-bank

ADDL.CI.T., BANGALORE vs. M/S CANARA BANK, BANGALORE

In the result, appeal by the revenue is partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

gains of business of assessee-bank. 11.4 On the other hand, ld.CIT(DR) relied on the orders of the lower authorities. 11.5 We heard rival submissions and perused material on record. The submission of the learned counsel for the assessee- bank that securities of M/s Pennar Aluminium Ltd., were acquired during the normal course of business of assessee-bank

CANARA BANK,BANGALORE vs. JCIT, BANGALORE

In the result, appeal by the revenue is partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

gains of business of assessee-bank. 11.4 On the other hand, ld.CIT(DR) relied on the orders of the lower authorities. 11.5 We heard rival submissions and perused material on record. The submission of the learned counsel for the assessee- bank that securities of M/s Pennar Aluminium Ltd., were acquired during the normal course of business of assessee-bank

JCIT, BANGALORE vs. M/S CANARA BANK, BANGALORE

In the result, appeal by the revenue is partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

gains of business of assessee-bank. 11.4 On the other hand, ld.CIT(DR) relied on the orders of the lower authorities. 11.5 We heard rival submissions and perused material on record. The submission of the learned counsel for the assessee- bank that securities of M/s Pennar Aluminium Ltd., were acquired during the normal course of business of assessee-bank