THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(2), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

2. year under consideration the notices under section 148 and 142(1) of the Income Tax Act, 1961 (hereinafter "the Act") were issued during the period March 2021 to March 2022, such notices were issued through e-mail and were sent to the said e-mail address (i.e., sf.incometax@gmail.com) which did not belong to the appellant and simultaneously these notices

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(1), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

2. year under consideration the notices under section 148 and 142(1) of the Income Tax Act, 1961 (hereinafter "the Act") were issued during the period March 2021 to March 2022, such notices were issued through e-mail and were sent to the said e-mail address (i.e., sf.incometax@gmail.com) which did not belong to the appellant and simultaneously these notices

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1) , BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

2. year under consideration the notices under section 148 and 142(1) of the Income Tax Act, 1961 (hereinafter "the Act") were issued during the period March 2021 to March 2022, such notices were issued through e-mail and were sent to the said e-mail address (i.e., sf.incometax@gmail.com) which did not belong to the appellant and simultaneously these notices

INCOME TAX OFFICER WARD-6(2)(3), BANGALORE vs. MR.P N KRISHNAMURTHY , BANGALORE

Bench: Shri N.V.Vasudevan, Vice- & Shri Chandra Poojari

condone the delay and proceed to dispose of the C.O. on merits. 6. First of all, we will take up the Cross Objection filed by the assessee, which goes to the root of the matter. C.O. No.4/Bang/2019 – by Assessee 7. The facts of the case are that the assessee has filed the return of income on 29.11.2014 for the assessment

SRI. ANNESH,UDUPI vs. INCOME-TAX OFFICER, WARD-1, CHIKMANGALUR

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojari

148 was issued by the jurisdictional AO before concluding the assessment thereby Order without legal and proper notice is nullity under law and therefore liable to be quashed as void ab-initio. 4. On the facts and in the circumstances of the case and in law and without prejudice to Ground No. 2 and Ground No. 3, the Order

INTACT DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

delayed and in such circumstance, there should have been a notice issued under section 143(2) as has been held in Hotel Blue Moon (supra). 4. The only question of law arising in the facts and circumstances of the case is whether notice should have been issued under section 143(2) of the Income-tax Act? 5. Admittedly, the notice

INTACT DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

delayed and in such circumstance, there should have been a notice issued under section 143(2) as has been held in Hotel Blue Moon (supra). 4. The only question of law arising in the facts and circumstances of the case is whether notice should have been issued under section 143(2) of the Income-tax Act? 5. Admittedly, the notice

INTACT DEVELOPERS PRIVATE LIMITED ,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

delayed and in such circumstance, there should have been a notice issued under section 143(2) as has been held in Hotel Blue Moon (supra). 4. The only question of law arising in the facts and circumstances of the case is whether notice should have been issued under section 143(2) of the Income-tax Act? 5. Admittedly, the notice

M/S. CRYSTAL GRANITE AND MARBLE PRIVATE LIMITED,RAMANAGARAM vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes and Stay Petition is dismissed as infructuous

Bench: Shri George George K & Shri Laxmi Prasad Sahus.P No.29/Bang/2023 Assessment Year: 2017-18

section 68.” 20 of page 24 ITA No.405/Bang/2023 S.P No.29/Bang/2023 N. As regards, without prejudice to the above, the learned AO has erred in holding that the appellant has failed to respond to the notice u/s 148 dated 30.06.2021 where the return of income was duly submitted. The delay in filing the return was due to the technical issues

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

148. The ld. A.R. argued that can that be interpreted, in a genuine case like this where though the assessee is not falling in these two categories, having complied the law voluntarily by filing the return of income after obtaining provisional registration as the due date is extended due to covid allowing the assessee to file for an earlier year

SHRI. RAHUL UDAYASHANKAR ,BENGALURU vs. INCOME TAX OFFICER, INTERNATIONAL TAXATION, WARD-2(1), BENGALURU

In the result the appeal of the assessee is partly allowed

Bench: Shri Chandra Poojariassessment Year : 2017-18

condone the failure or delay in issuing the notice u/s 143(2) of the Act and he relied on the judgement of Hon’ble Supreme Court in the case of CIT Vs. Laxman Das Khandelwal (2019) 417 ITR 325 (SC) and also submitted that jurisdiction goes to the root of the cause and as such an issue can be raised

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

148 and 147 of the Act have been without assumption of proper jurisdiction and consequently the entire reassessment which was framed by the learned assessing officer on an invalid assumption of 22 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. jurisdiction and improper procedure followed requires to be canceled for the advancement of substantial cause of justice. [vii]: It is also contended

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

148 and 147 of the Act have been without assumption of proper jurisdiction and consequently the entire reassessment which was framed by the learned assessing officer on an invalid assumption of 22 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. jurisdiction and improper procedure followed requires to be canceled for the advancement of substantial cause of justice. [vii]: It is also contended

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

148 and 147 of the Act have been without assumption of proper jurisdiction and consequently the entire reassessment which was framed by the learned assessing officer on an invalid assumption of 22 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. jurisdiction and improper procedure followed requires to be canceled for the advancement of substantial cause of justice. [vii]: It is also contended

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

148 and 147 of the Act have been without assumption of proper jurisdiction and consequently the entire reassessment which was framed by the learned assessing officer on an invalid assumption of 22 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. jurisdiction and improper procedure followed requires to be canceled for the advancement of substantial cause of justice. [vii]: It is also contended

M/S BANDANTHAMMA MATHU KALAMMA TRUST,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

148 and 147 of the Act have been without assumption of proper jurisdiction and consequently the entire reassessment which was framed by the learned assessing officer on an invalid assumption of 22 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. jurisdiction and improper procedure followed requires to be canceled for the advancement of substantial cause of justice. [vii]: It is also contended

M/S BANDANTHAMMA MATHU KALAMMA TRUST ,MYSORE vs. INCOME TAX OFFICER WARD-1(4), MYSORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

148 and 147 of the Act have been without assumption of proper jurisdiction and consequently the entire reassessment which was framed by the learned assessing officer on an invalid assumption of 22 ITA Nos.1761-1766/Bang/2018 M/s.Bandanthamma Mathu Kalamma Trust. jurisdiction and improper procedure followed requires to be canceled for the advancement of substantial cause of justice. [vii]: It is also contended

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH , BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

148 was issued and also notice u/s 143(2) of the Act was issued. In compliance, learned AR appeared from time to time. The AO, in the search proceedings at the residence of Smt. Adleens Kagoo in connection with Shri Dayananda Pai, certain CDs were found and they were seized, which contain information and data pertaining to unaccounted receipts

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH, BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

148 was issued and also notice u/s 143(2) of the Act was issued. In compliance, learned AR appeared from time to time. The AO, in the search proceedings at the residence of Smt. Adleens Kagoo in connection with Shri Dayananda Pai, certain CDs were found and they were seized, which contain information and data pertaining to unaccounted receipts