M/S. ARHAM MITRA MANDAL,BANGALORE vs. INCOME-TAX OFFICER(EXEMPTIONS)-WARD-1, BANGALORE

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

2)(b)", "Section 143(1)", "Section 250", "Section 10B", "Section 139(1)", "Section 139(5)", "Section 234A", "Section 234B" ], "issues": "Whether the delay in filing the audit report is fatal to the claim for exemption under Section 11 of the Income Tax Act, and whether the condonation

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

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(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(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

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

11 of 30\n Assessment Year 2016-17\n6.\nThe Appellant wishes to submit that as per the provisions of section 246A of the Act,\nthe Appellant/Petitioner ought to have filed the statutory appeal against the impugned order\nof assessment passed under section 143[3] of the Act dated 30.12.2019. As per the said\nprovisions of section 246A

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

11 of 30\nITA Nos. 418 to 429/Bang/2024\n Assessment Year 2016-17\n6. The Appellant wishes to submit that as per the provisions of section 246A of the Act,\nthe Appellant/Petitioner ought to have filed the statutory appeal against the impugned order\nof assessment passed under section 143[3] of the Act dated 30.12.2019. As per the said\nprovisions

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. SJS ENTERPRISES LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Year:2017-18

11 of 14 bestowed with a right to the delay being condoned. We are conscious of the fact that the period of limitation should not come as a hindrance to do substantial justice between the parties. However, at the same time, a party cannot sleep over its right ignoring the statute of limitation and without giving sufficient and reasonable explanation

ASST.C.I.T., BANGALORE vs. M/S THE KARNATAKA STATE CRICKET ASSOCIATION, BANGALORE

In the result, both the appeals by the Revenue are dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

condonation of such delay. 3. Disallowance of set apart /accumulation of income u/s 11(1)(a) i) The CIT(A) has erred in allowing exemption u/s 11(1)(a) @ 15% of the income for set apart/accumulation without considering the fact that the assessee has failed to fulfil the conditions for accumulation of 85% of income as stipulated u/s 11(2

M/S. S J S ENTERPRISES LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME, CIRCLE-6(1)(1), BANGALORE

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Years: 2018-19

11 of 16 ground for condoning the delay even by imposing conditions. It is observed that each application for condonati011 of delay has to be decided within the framework laid down by this Court. It is further observed that if courts start condoning delay where no sufficient cause is made out by imposing conditions then that would amount to violation

INCOME-TAX OFFICER, WARD-7(2)(1), BENGALURU, BENGALURU vs. M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LIMITED, BENGALURU

In the result both the appeals of the Revenue as well as\nCos of the Assessee for the Asst

Section,\nthe fact remains that the petitioner has substantiated that\ninjustice is being done by not following the Division Bench\ndecision of this Court. Therefore, in order to do substantial\njustice, this Court exercising the power under Articles 226 and\n227 of the Constitution of India can condone the delay as held\nby the Division Bench of this Court

SREESHARADA CREDIT CO-OPERATIVE SOCIETY LTD,UDUPI vs. ITO WARD- 1&TPS , UDUPI

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

Bench: Shri Prashant Maharishi

2 of 19 6. We have carefully considered the rival contentions and perused the affidavit as well as the application for condonation of delay filed by the assessee. In fact, the delay caused in filing of these appeals is 247 days. 7. Provision stipulates that where an appeal is not filed within the prescribed period of limitation, the same

SREESHARADA CREDIT CO-OPERATIVE SOCIETY LTD,UDUPI vs. ITO WARD- 1&TPS , UDUPI

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

Bench: Shri Prashant Maharishi

2 of 19 6. We have carefully considered the rival contentions and perused the affidavit as well as the application for condonation of delay filed by the assessee. In fact, the delay caused in filing of these appeals is 247 days. 7. Provision stipulates that where an appeal is not filed within the prescribed period of limitation, the same

SHREE SUBRAHMANYA TEMPLE ,THOKUR vs. ITO, EXEMPTIONS, WARD-2, MANGALORE

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

Bench: Shri Waseem Ahmedassessment Year: 2016-17

section 11(2) of the Act. The learned CIT(A) considered the CBDT Circular No. 7 of 2018, which allows for relaxation in filing Form No. 9A and Form No. 10B for Assessment Year (AY) 2016-17 due to the first-time implementation of e-filing. The circular empowers Commissioners to condone the delay

M/S. CHITRADURGA NIRMITHI KENDRA,CHITRADURGA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), DAVANGERE

In the result, appeal of the assessee is dismissed

Section\n253(3) of I.T. Act, leading us unhesitatingly to reject assessee's\nrequest for condonation of delay in filing of this appeal within time\nprescribed U/s 253(3) of I.T. Act.\nPage 11 of 18\n2.12 At this stage, it is pertinent to mention the various precedents\nas follows:\n(i)\nHon'ble Supreme Court in the case

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

11 of 23\nITA Nos.699 to 704/Bang/2024\nThe Karnataka Chemists & Druggists Association, Bangalore\nspells out a period of limitation and provides for power to condone the reasons\nsupported by cogent and proper evidence. Now it is a settled principle of law\nthat the provisions relating to specified period of limitation must be applied with\ntheir regour and effective consequences

M/S. RMZ HOTELS PRIVATE LIMITED,BANGALORE vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojariassessment Year: 2018-19

11 of 79 in filing appeal before this Tribunal. The assessee supports the delay of 93 days by way of condonation petitions explaining the reason that it was due to miscommunication between Senior Managing Director Mr. Deepal Manoharlal Chhabria and Mr. V.S. Narayanan, Group Managing Director of the assessee company. Thus, the averments was supported by the affidavit by Deepak

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK ,BENGALURU vs. INCOME-TAX OFFICE, WARD-5(2)(1), BENGALURU

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

11 of 48\nITA Nos. 1052 to 1060/Bang/2023\nThe Ld.AR submitted that all the affidavits in the appeals are\nidentical and the same may be considered.\nThe Ld.DR strongly opposed the condonation petition along with\nthe affidavit filed by the assessee, however could not controvert\nthe circumstances that led to the delay as mentioned in the\naffidavit.\nWe have perused