M/S. TRISHUL BUILDTECH & INFRASTRUCTURES PVT. LTD.,,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, assessee’s appeals are partly allowed

Bench: Shri Chandra Poojari & Shri George George K.

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under Section 153A of the Act is annulled in appeal or any other proceeding.” 16. In the decision of E.N. Gopakumar V/s. Commissioner of Income Tax (Central) [(2016) 75 Taxxman.com 215 (Kerala)], the Hon’ble High Court

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

2 Pg.\n629}.\n4.11. Hence the approval under Section 153D dated 28.09.2021 is bad\nand invalid. Consequently, the assessment orders for the AYs 2018-\n19, 2019-20 and 2020-21 are bad and invalid without valid\napproval under Section 153D.\n5. As regards revised return filed being invalid and contrary to\nSection 139(5)\n5.1. The Assessee filed the original

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

condonation of delay is\na discretionary matter and\nthe authority's decision\ncannot be interfered with\nunless it is arbitrary or\nunreasonable.\n3\n[2023] 155\nТахтапп.Com 606\n(Delhi)\nPrincipal\nCommissioner\nof\nIncome-Tax-7\nV.\nOptimal Media\nSolutions Ltd.\nThe case law citied by the\nAssesse, The Head Note\nwhich reads below Section\n14A of the Income

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

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under Section 153A of the Act is annulled in appeal or any other proceeding.” 16. In the decision of E.N. Gopakumar V/s. Commissioner of Income Tax (Central) [(2016) 75 Taxxman.com 215 (Kerala)], the Hon’ble High Court

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

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under Section 153A of the Act is annulled in appeal or any other proceeding.” 16. In the decision of E.N. Gopakumar V/s. Commissioner of Income Tax (Central) [(2016) 75 Taxxman.com 215 (Kerala)], the Hon’ble High Court

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

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under Section 153A of the Act is annulled in appeal or any other proceeding.” 16. In the decision of E.N. Gopakumar V/s. Commissioner of Income Tax (Central) [(2016) 75 Taxxman.com 215 (Kerala)], the Hon’ble High Court

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

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under Section 153A of the Act is annulled in appeal or any other proceeding.” 16. In the decision of E.N. Gopakumar V/s. Commissioner of Income Tax (Central) [(2016) 75 Taxxman.com 215 (Kerala)], the Hon’ble High Court

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

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under Section 153A of the Act is annulled in appeal or any other proceeding.” 16. In the decision of E.N. Gopakumar V/s. Commissioner of Income Tax (Central) [(2016) 75 Taxxman.com 215 (Kerala)], the Hon’ble High Court

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

2) provides for revival of any assessment or reassessment which stood abated, if any proceeding or any order of assessment or reassessment made under Section 153A of the Act is annulled in appeal or any other proceeding.” 16. In the decision of E.N. Gopakumar V/s. Commissioner of Income Tax (Central) [(2016) 75 Taxxman.com 215 (Kerala)], the Hon’ble High Court

K. P. NANJUNDI VISHWAKARMA,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

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

2) Refusing to condone delay can result in a meritorious\nmatter being thrown at the very threshold and cause of\njustice being defeated. As against this, when delay is\ncondoned, the highest that can happen is that a cause\nwould be decided on merits after hearing the parties.\n(3) 'Every day's delay must be explained' does not mean

K. P. NANJUNDI VISHWAKARMA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

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

2) Refusing to condone delay can result in a meritorious\nmatter being thrown at the very threshold and cause of\njustice being defeated. As against this, when delay is\ncondoned, the highest that can happen is that a cause\nwould be decided on merits after hearing the parties.\n(3) 'Every day's delay must be explained' does not mean

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

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

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

153A do provide any authority to the Learned\nAO to condone any delay. (Ground 10.1 for AY 2019-20 and\nsimilar ground in Ground 7.2 for AY 2018-19)\n\n2.\nAfter hearing the aforesaid 3 grounds, the Hon'ble Bench directed the\nLearned Department Representative (DR) file his objection on the\n\nPage 48 of 74\nITA Nos.642

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