MYSORE MINERALS LIMITED (NOW KNOWN AS KARNATAKA STATE MINERALS CORPORATION LIMITED),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BENGALURU

In the result, both the appeals are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of assessment in this case is bad in law. Accordingly, we quash the reassessment. ITA No.465/Bang/2020 for AY 2014-15 11. In this case, the facts are that assessment was passed u/s. 143(3) of the Act on 13.12.2016 making the following disallowances. (i) Penalty expenses in illegal mining areas amounting to Rs.6,92,00,000. (ii) Expenses relating

MYSORE MINERALS LIMITED (NOW KNOWN AS KARNATAKA STATE MINERALS CORPORATION LIMITED),BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BENGALURU

In the result, both the appeals are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of assessment in this case is bad in law. Accordingly, we quash the reassessment. ITA No.465/Bang/2020 for AY 2014-15 11. In this case, the facts are that assessment was passed u/s. 143(3) of the Act on 13.12.2016 making the following disallowances. (i) Penalty expenses in illegal mining areas amounting to Rs.6,92,00,000. (ii) Expenses relating

SHRI HINGULAMBIKA EDUCATION SOCIETY,GULBARGA vs. ITO (EXEMPTIONS), WARD-1, KALBURGI

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2020-21

reopening of an assessment under section 147 of the Income-tax Act shall be taken by the Assessing Officer in the case of such trust or institution for any assessment year preceding the first assessment year for which the registration applies, merely for the reason that such trust or institution has not obtained the registration under section 12AA

M/S. NITESH ESTATES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 5(1)(2), BANGALORE

In the result appeal filed by assessee stands allowed on legal issue raised in ground no

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Nitesh Estates The Deputy Ltd., Commissioner Of Nitesh Time Square, Income Tax, 7Th Floor, #8, M.G. Road, Circle – 5 [1][2], Bangalore – 560 001. Vs. Bangalore. Pan: Aabcn9267C Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate : Shri Sankar Ganesh K, Jcit Revenue By (Dr) Date Of Hearing : 04-02-2022 Date Of Pronouncement : 20-04-2022 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 28/03/2019 Passed By The Ld. Cit(A)-5, Bangalore For Assessment Year 2009-10 On Following Grounds Of Appeal: “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Order Of Re-Assessment Is Bad In Law & Void-Ab- Initio For Want Of Requisite Jurisdiction Especially, The Mandatory Requirements To Assume Jurisdiction U/S 148 Of The Act Did Not Exist & Have Not Been Complied With & Consequently, The Re-Assessment Requires To Be Cancelled. 3. The Learned Cit[A] Ought To Have Appreciated That There Was No Fresh Material To Show That Income Had Escaped Assessment Especially When There Was A Scrutiny

Charitable Trust vs. ACIT in ITA Nos. 552 & 553/Bang/2018 by order dt. 16.10.2020. Page 7 of 17 10. On the other hand, Ld.CIT.DR submitted that, the authority below was justified in reopening the assessment

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST ,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL , BENGALURU

reopening issued under section 148 of 20 March 2023\nthe act\n6\nReturn filed by the assessee\n6 April 2023\n7\nReference made by the assessing officer for\n5 March 2024\n assessment year 2015 – 16, 2016 – 17 and 2019\n20\n8\nReference made by the assessing officer for\n19 February 2024\n assessment year 2022 – 23\n9\nTime limit

NVIDIA GRAPHICS PRIVATE LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), BANGALORE

In the result, appeal filed by the assessee s party allowed

Bench: Shri George George K & Ms. Padmavathi. Sr Assessment Year : 2014-15 M/S. Nvidia Graphics Pvt. Ltd., Vs. Acit, Mahadevpura Village, Central Circle – 2(4), K. R. Puram Hobli, Marathalli Bangalore. Bagmane Goldstone Building, North Tower, Mahadevpura S.O, Bangalore – 560 048. Pan : Aabcn 9200 H Appellant Respondent Assessee By : Shri. Nageshwar Rao, Advocate Revenue By : Ms. Neha Sahay, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 17.10.2024 Date Of Pronouncement : 23.10.2024

Charitable Trust v. Income-tax Officer: In this case, the Hon'bie High Court of Madras held that where assessment was sought to be reopened

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL, BENGALURU

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

reopening issued under section 148 of 20 March 2023 the act 6 Return filed by the assessee 6 April 2023 7 Reference made by the assessing officer for 5 March 2024 assessment year 2015 – 16, 2016 – 17 and 2019 – 20 8 Reference made by the assessing officer for 19 February 2024 assessment year 2022 – 23 9 Time limit available under

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE vs. M/S SRINIVASA TRUST , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of assessment u/s 147 of the Income-tax Act,1961 ['the Act' for short]. The assessee is a registered charitable Trust

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2(1), BANGALORE vs. M/S SRINIVASA TRUST , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of assessment u/s 147 of the Income-tax Act,1961 ['the Act' for short]. The assessee is a registered charitable Trust

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE vs. M/S SRINIVASA TRUST , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of assessment u/s 147 of the Income-tax Act,1961 ['the Act' for short]. The assessee is a registered charitable Trust

DCIT, CENTRAL CIRCLE, BELLARI vs. M/S. NAVODAYA EDUCATION TRUST, RAICHUR

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2009-10

reopening of the assessment and also merit of addition made by AO. The assessee also raised additional grounds before ld. CIT(A) vide letter dated 16.2.2022 as follows:- “The appellant prays that the Assessment order passed under section 143(3) r.w.s. 147 of the Act may please be treated as void- ab-initio as the same is passed without considering

MAGADI PLANNING AUTHORITY,RAMNAGAR vs. INCOME TAX OFFICER, WARD-3, BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

reopened under Section 147 of the Act through the issuance of a notice under Section 148 of the Act, dated 18-03-2019. 7. The AO, during the assessment proceedings, observed that the assessee had filed an application for registration under Section 12AA of the Act, which was granted vide order dated 28-05-2019, under the last . ITA No.1056

MAGADI PLANNING AUTHORITY ,RAMNAGAR vs. INCOME TAX OFFICER, EXEMPTION, WARD-3, , BANGALORE

In the result appeal of the assessee is hereby allowed

reopened under Section 147\nof the Act through the issuance of a notice under Section 148 of the Act,\ndated 18-03-2019.\n\n7.\nThe AO, during the assessment proceedings, observed that the\nassessee had filed an application for registration under Section 12AA of\nthe Act, which was granted vide order dated 28-05-2019, under the last\nlimb

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU vs. M/S. GOKULA EDUCATION FOUNDATION (MEDICAL), BENGALURU

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable trust has to be assessed under the status of AOP Trusts. The AO could not have changed the status under the facts and circumstances of the case and an assessment on a wrong status is fatal which will entail the assessment order to be quashed. The appellant has relied upon the decision of the Hon'ble Apex Court

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU vs. M/S. GOKULA EDUCATION FOUNDATION (MEDICAL), BENGALURU

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable trust has to be assessed under the status of AOP Trusts. The AO could not have changed the status under the facts and circumstances of the case and an assessment on a wrong status is fatal which will entail the assessment order to be quashed. The appellant has relied upon the decision of the Hon'ble Apex Court

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU vs. M/S. GOKULA EDUCATION FOUNDATION (MEDICAL), BENGALURU

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable trust has to be assessed under the status of AOP Trusts. The AO could not have changed the status under the facts and circumstances of the case and an assessment on a wrong status is fatal which will entail the assessment order to be quashed. The appellant has relied upon the decision of the Hon'ble Apex Court

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU vs. M/S. GOKULA EDUCATION FOUNDATION (MEDICAL), BENGALURU

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable trust has to be assessed under the status of AOP Trusts. The AO could not have changed the status under the facts and circumstances of the case and an assessment on a wrong status is fatal which will entail the assessment order to be quashed. The appellant has relied upon the decision of the Hon'ble Apex Court

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE vs. M/S. GOKULA EDUCATION FOUNDATION (MEDICAL), BENGALURU

In the result, revenue appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

charitable trust has to be assessed under the status of AOP Trusts. The AO could not have changed the status under the facts and circumstances of the case and an assessment on a wrong status is fatal which will entail the assessment order to be quashed. The appellant has relied upon the decision of the Hon'ble Apex Court