SHRI K.G SUBBARAMA SETTY ,BANGALORE vs. ACIT 5(2)(1) BANGALORE, C R BUILDING

In the result all the three appeals in ITA Nos

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

capital gains ITA Nos.962 & 963/Bang/2025 K.S. Akhilesh Babu ITA No.964/Bang/2025 K.A. Sujith Chandan ITA No.965/Bang/2025 K.G. Subbarama Setty Page 11 of 33 of Rs.17,96,704/- (Rs.4,92,69,179 – 4,74,72,475) was added back to the income of the assessee and brought to tax. 3.6 With regard to the Notional rent on residential property owned

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

69,390\n63,48,87,727 [A] 88,06,78776\n157729.5\n11,82,97,088\n33,13,02,430 [B] 32,64,99,962\n43,25,290\n43,25,290\n17,49,200\n17,49,200\n40,000\n40,000\nITA Nos.775 & 954/Bang/2024\nSri Alagappa Muthiah (HUF), Bangalore\nITA Nos.776 & 955/Bang/2024\nSri Alagappa Annamalai (HUF), Bangalore\nPage

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

69,390\n63,48,87,727 [A] 88,06,78776\n157729.5\n11,82,97,088\n33,13,02,430 [B] 32,64,99,962\n43,25,290\n43,25,290\n17,49,200\n17,49,200\n40,000\n40,000\nSurvey charges\nEvaluation and speculation of JD\nJD Agreement\nDesign and inspection

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

69,390\n[A]\n63,48,87,727 [A]\n88,06,78776\nIndexed Cost of Acquisition\nLand handed over as UDS for balance\nResidential Area [sq.ft]\n1600049\nFMV of land as on 01.04.2001/sft\n750 12,00,36,750\nIndexed cost of Acquistion :\nBase Year Index\n100\nSale Year Index\n276\n[B]\n157729.5

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

Section 45(5A) of the Act which is applicable\nfor the individuals and HUF and not applicable to the appellant which\nis a Registered partnership Firm.\n9. Without prejudice to the above ground it is urged that the Id. CIT(A)\nought to have appreciated the act that the delivery of possession of\nbuilt

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BELLARY, CENTRAL CIRCLE, BELLARY vs. M/S VIRGO PROPERTIES PRIVATE LIMITED, CHENNAI

In the result, appeal filed by the Revenue is dismissed

69,16,693\nCost of improvement\n2,58,85,277\nF.Y.2011-12\nRs.2,38,49,698/- X 10,31,416\n852/785\nF.Y.2012-13-Rs.10,31,416/- Nil\nLong Term Capital Gain\n6,48,41,697\n1. In response, the appellant had furnished a copy of the same statement\nas mentioned above and a copy of four purchase deeds amounting to\nRs.4

DCIT, CC-2(1), BENGALURU, BENGALURU vs. CHAITANYA PROPERTIES PVT LTD, BENGALURU

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2011-12

section 14A of the Act to the file of the learned CIT(A) for reconsideration. 10. The learned CIT(A), vide order dated 30-03-2024, once again decided the issue of capital gains and business income from the JDA in favor of the assessee, following the Tribunal's decision in the assessee's own case

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

69 ITR 278 8. Western states Trading Co. P. Ltd. v. CIT (SC) 80 ITR 21 9. 10. CIT v. Shrikishan Chandmal (Madhya Pradesh HC) 60 ITR 303 11. CIT v. R. Dalmia (Delhi HC) 96 ITR 463 12. Brooke Bond and Co. Ltd. v. CIT (SC) 162 ITR 373 13. Addl.CIT v. Solar Chemical Pvt. Ltd. (Allahabad

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

69 ITR 278 8. Western states Trading Co. P. Ltd. v. CIT (SC) 80 ITR 21 9. 10. CIT v. Shrikishan Chandmal (Madhya Pradesh HC) 60 ITR 303 11. CIT v. R. Dalmia (Delhi HC) 96 ITR 463 12. Brooke Bond and Co. Ltd. v. CIT (SC) 162 ITR 373 13. Addl.CIT v. Solar Chemical Pvt. Ltd. (Allahabad

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

69 ITR 278\n9. Western states Trading Co. P. Ltd. v. CIT (SC) 80 ITR 21\n10. CIT v. Shrikishan Chandmal (Madhya Pradesh HC) 60 ITR 303\n11. CIT v. R. Dalmia (Delhi HC) 96 ITR 463\n12. Brooke Bond and Co. Ltd. v. CIT (SC) 162 ITR 373\n13. Addl.CIT v. Solar Chemical Pvt. Ltd. (Allahabad

SMT. BRIDGET ANTHONY(LEGAL HEIR OF LATE MR. ELEVATHINGAL JOSEPH ANTHONY),BANGALORE vs. INCOME-TAX OFFICER, WARD-4(2)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year: 2015-16

capital gains”. However, the assessment was completed not only disallowing the deduction but making addition u/s. 69 and 69A of the Act which is beyond the scope of limited scrutiny. The assessment proceedings are not made as per the issues which have to be examined under limited scrutiny. Therefore, the entire assessment proceedings are liable to be quashed

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

69,50,52,060/-. The case of assessee was selected through CASS: verification report upload through VRU for the issue of Non-deduction of TDS. The AO completed the assessment by proposing a variation of Rs. 2,56,45,949 and passed an order u/s 143(3) r.w.s 144B of the Act dt. 29.12.2022. 5. The notice under section

LATE JAGJIT SINGH BAJWA LEAGAL HEIR HARLEEN BAJWA ,BANGALORE vs. INCOME TAX OFFICER, WARD-4(2)(3), BANGALORE

In the result, appeal of the assessee is allowed

69,49,437/-\nLess: Deduction under Chapter VIA as claimed\nAssessed Income\nRs. 1,30,317/-\nRs.1,68,19,120/-\n3.4 Whereas, while totalling, the loss of House property income\ntreated as positive income accordingly it is added and instead of\narriving at GTI of Rs. 166,30,917/- had arrived at Rs.\n169,49,437/- which is increased

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.

69,98,853/-. Further on 14.09.2015,\nthe BEL allotted 1,74,000 bonus shares to the Assessee. The\nAssessee sold 87,000 original shares for consideration of Rs.\n9,45,84,420 on 16.09.2024 which resulted in short-term capital\nloss ('STCL') of Rs.20,24,90,717/-. The said short-term capital loss\nwas set off against short-term capital

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.

69,98,853/-. Further on 14.09.2015,\nthe BEL allotted 1,74,000 bonus shares to the Assessee. The\nAssessee sold 87,000 original shares for consideration of Rs.\n9,45,84,420 on 16.09.2024 which resulted in short-term capital\nloss ('STCL') of Rs.20,24,90,717/-. The said short-term capital loss\nwas set off against short-term capital

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

69,21,550 Less: Land – 160000 * 852/426 Rs. 3,20,000 ---------------------- Capital Gain Rs. 66,01,550 Less: Exemption u/s 54 Rs. 66,01,550 ---------------------- Taxable Capital Gain Nil ----------------------“ 2.3 The Ld.AO during the assessment proceedings noted that the guidance value of each property was much higher than the sale consideration declared by the assessee. It was thus opined

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

Gain". The assessee did not receive the sum in question for giving up any source of income as the assessee was free to exploit independently owned IPR as well as Foreground information and therefore the argument that the sum received is capital receipt for losing a source of income and therefore not chargeable to tax, is devoid of any merits

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

69 of the income tax act. The learned DRP asked for the remand report from the assessing officer and to conduct inquiries under section 144C (7) of the act. The learned assessing officer submitting the remand report on 25/10/2024. In the remand proceedings, assessee submitted the computation of income for the assessment year 2015 – 16, passport, financial statements such

M/S. BHARAT ELECTRONICS LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, BENGALURU

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

Bench: Shri George George K, Vice- & Shri Laxmi Prasad Sahuassessment Year : 2012-13 M/S. Bharat Electronics The Assistant Ltd., Commissioner Of Registered Office, Income Tax, Outer Ring Road Ltu, Nagawara, Circle – 1, Vs. Bangalore – 560 045. Bangalore. Pan: Aaacb5985C Appellant Respondent

gain on money accumulated to purchase capital asset being the first step for acquisition of capital asset is capital in nature and cannot be taxed. The assessee made advance payments through Letter of Credit is the first step for acquisition of capital asset because there was a direct link of LOC towards purchase of the fixed assets, therefore it will