BETHALA PETROPACKS PVT LTD., (FORMERLY KNOWN AS DEEPAK EXTRUSIONS PVT LTD.,),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4) , BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopened assessment for the assessment years 2012-13 & 2015-16 passed u/s 143(3) r.w.s. 147 of the Act. As such, there is a gross violation of principles of natural justice and prayed that the delay may be condoned

BETHALA PETROPACKS PVT LTD., (FORMERLY KNOWN AS DEEPAK EXTRUSIONS PVT LTD.,),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopened assessment for the assessment years 2012-13 & 2015-16 passed u/s 143(3) r.w.s. 147 of the Act. As such, there is a gross violation of principles of natural justice and prayed that the delay may be condoned

BETHALA PETROPACKS PVT LTD., (FORMERLY KNOWN AS DEEPAK EXTRUSIONS PVT LTD.,),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX OFFICER, CENTRAL CIRCLE-1(4) , BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopened assessment for the assessment years 2012-13 & 2015-16 passed u/s 143(3) r.w.s. 147 of the Act. As such, there is a gross violation of principles of natural justice and prayed that the delay may be condoned

BETHALA PETROPACKS PVT LTD., (FORMERLY KNOWN AS DEEPAK EXTRUSIONS PVT LTD.,),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BENGLALURU

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

condoning the delay in filing the appeals before ld.\nCIT(A). Against this assessee once again is in appeal before us.\n5.4 The ld. A.R. for the assessee submitted that assessee has been\npursuing alternative remedy before the Hon'ble High Court since the\nassessment orders have been passed ex-parte except the reopened\nassessment for the assessment

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

reopening of assessment raised by assessee. On merits, the Ld.CIT(A) observed and held as under: “7.3. The issue on merits relates to the AO's action of disallowing the assessee's claim of Rs 1,02,42,940/- under the head 'Business Income'. which pertains to certain property sold at Mangalore, that was originally allotted by KADB. The Assessee

M/S. MFAR HOLDINGS PRIVATE LIMITED ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TA, CIRCLE-4(1)(1), BENGALURU

Bench: Shri Prashant Maharishi & Shri Prakash Chand Yadav

assessment proceedings, the AO inter-alia disallowed the following amounts: a) Disallowance of financial expenses to the tune of Rs.1,08,89,867/- b) Building maintenance charges amounting to Rs.3,71,505/- c) Disallowance of property tax paid to the tune of Rs.37,913/- 3.1 After making the above disallowance, the AO computed the loss of the company at Rs.96

M/S. MFAR HOLDINGS PVT LTD,BENGALURU vs. DCIT, CIRCLE-4(1)(1), BENGALURU

Bench: Shri Prashant Maharishi & Shri Prakash Chand Yadav

assessment proceedings, the AO inter-alia disallowed the following amounts: a) Disallowance of financial expenses to the tune of Rs.1,08,89,867/- b) Building maintenance charges amounting to Rs.3,71,505/- c) Disallowance of property tax paid to the tune of Rs.37,913/- 3.1 After making the above disallowance, the AO computed the loss of the company at Rs.96

K. G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

condone this short delay of 34 days and admit the appeals for adjudication. 2. The main grounds for all the assessment years from 2007-08 2012-13 are as follows:- 2.1 Main grounds for AY 2007-08 in ITA No.307/Bang/2020:- “1.The learned Commissioner of Income-tax (Appeals) has erred in partially confirming the order passed by Assessing Officer. The order

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

condone this short delay of 34 days and admit the appeals for adjudication. 2. The main grounds for all the assessment years from 2007-08 2012-13 are as follows:- 2.1 Main grounds for AY 2007-08 in ITA No.307/Bang/2020:- “1.The learned Commissioner of Income-tax (Appeals) has erred in partially confirming the order passed by Assessing Officer. The order

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

condone this short delay of 34 days and admit the appeals for adjudication. 2. The main grounds for all the assessment years from 2007-08 2012-13 are as follows:- 2.1 Main grounds for AY 2007-08 in ITA No.307/Bang/2020:- “1.The learned Commissioner of Income-tax (Appeals) has erred in partially confirming the order passed by Assessing Officer. The order

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

condone this short delay of 34 days and admit the appeals for adjudication. 2. The main grounds for all the assessment years from 2007-08 2012-13 are as follows:- 2.1 Main grounds for AY 2007-08 in ITA No.307/Bang/2020:- “1.The learned Commissioner of Income-tax (Appeals) has erred in partially confirming the order passed by Assessing Officer. The order

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

condone this short delay of 34 days and admit the appeals for adjudication. 2. The main grounds for all the assessment years from 2007-08 2012-13 are as follows:- 2.1 Main grounds for AY 2007-08 in ITA No.307/Bang/2020:- “1.The learned Commissioner of Income-tax (Appeals) has erred in partially confirming the order passed by Assessing Officer. The order

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

condone this short delay of 34 days and admit the appeals for adjudication. 2. The main grounds for all the assessment years from 2007-08 2012-13 are as follows:- 2.1 Main grounds for AY 2007-08 in ITA No.307/Bang/2020:- “1.The learned Commissioner of Income-tax (Appeals) has erred in partially confirming the order passed by Assessing Officer. The order

AUGUST JEWELLERY PRIVATE LIMITED,BENGALURU vs. D.C.I.T., CIRCLE 1(1)(1), BENGALURU, BENGALURU

reopening the earlier assessment. The\nRevenue is not permitted to re-characterize a past receipt as\nincome of a later year, nor can it disturb the accepted nature of\nearlier-year transactions without statutory jurisdiction. It is\nalso a settled principle that consistency must be maintained in\nthe assessment of running accounts and balances; the nature\nand character

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 (3), BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen those proceedings and reassess the total income, taking note of the undisclosed income, if any, unearthed during the search.” It was further observed that in the facts of that case if the CIT had come across any income that the AO had not taken note of while passing the earlier order, “the said material can be furnished

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1 (3) , BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen those proceedings and reassess the total income, taking note of the undisclosed income, if any, unearthed during the search.” It was further observed that in the facts of that case if the CIT had come across any income that the AO had not taken note of while passing the earlier order, “the said material can be furnished

DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE- 1(3), BANGALORE vs. SHRI. T. NADAKRISHNA, BANGALORE

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen those proceedings and reassess the total income, taking note of the undisclosed income, if any, unearthed during the search.” It was further observed that in the facts of that case if the CIT had come across any income that the AO had not taken note of while passing the earlier order, “the said material can be furnished

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen those proceedings and reassess the total income, taking note of the undisclosed income, if any, unearthed during the search.” It was further observed that in the facts of that case if the CIT had come across any income that the AO had not taken note of while passing the earlier order, “the said material can be furnished