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

2 – Pg.\n629}.\n\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.\n\n5. As regards revised return filed being invalid and contrary to\nSection

SHRI. K. MUNIRAJU,BANGALORE vs. PRINCIPAL COMMISSIONER INCOME TAX, CENTRAL, BANGALORE

In the result appeals filed by assessee for asst

Bench: Shri A.K Garodia & Smt. Beena Pillai

condoned the delay of 13 days caused by assessee in filing present appeals. 5. Ld.AR submitted that, for all years under consideration, identical Additional Ground Nos:12-13 are raised by assessee, being legal issue, challenging validity of order passed under section 263. For sake of convenience we are reproducing additional ground No. 12-13 from assessment year

MYSORE RACE CLUB LIMITED ,MYSORE vs. ACIT, CIRCLE-2, , MYSORE

In the result, appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

delay in filing the appeal is condoned. 4. Briefly stated the facts of the case are that Mysore Race Club Ltd., derives income from organizing races, filed its return of income on 25.10.2017 declaring taxable income of Rs.4,41,27,350/-. Later on the case was selected for complete scrutiny under CASS. Accordingly, notice under section 143(2

MYSORE RACE CLUB LIMITED,MYSORE vs. ACIT, CIRCLE-2(1), MYSORE

In the result, appeals filed by the assessee are partly allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

delay in filing the appeal is condoned. 4. Briefly stated the facts of the case are that Mysore Race Club Ltd., derives income from organizing races, filed its return of income on 25.10.2017 declaring taxable income of Rs.4,41,27,350/-. Later on the case was selected for complete scrutiny under CASS. Accordingly, notice under section 143(2

DCIT, BANGALORE vs. M/S MILLENNIUM BEER INDUSTRIES LTD.,, BANGALORE

In the result, revenue’s appeal for assessment year 2009-10 is

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

condone the delay and admit the appeal for hearing and adjudication. 3. The facts f the case, briefly, are as under; 3.1 The assessee, a company engaged in the manufacture and sale of Beer, filed its return of income for assessment year 2009-10 on 25-09- 2009 declaring loss of Rs.10,57,50,801/-. The return was processed

ACIT vs. M/S COASTAL ROAWAYS,

In the result, appeal by the Revenue is dismissed and the CO is partly allowed

Bench: Shri N.V.Vasudevan & Shri Inturi Rama Raoasst. Commissioner Of Income-Tax, Circle 1(1), Mangalore. … Appellant Vs. M/S. Coastal Roadways, D.No.4-64/11, Bantwal Chambers, Balikampady, Mangalore. … Respondent Pan:Aaffc 5977 M Cross Objn.No.35/Bang/2013 (In Ita No.1139/Bang/2013) (Assessment Year: 2008-09) (By The Assessee) ****** Revenue By: Dr. P.K.Srihari, Addl.Cit. Assessee By: Shri R.E.Balasubramaniyan, Ca. Date Of Hearing : 05/01/2016 Date Of Pronouncement: 08/01/2016 O R D E R Per N.V.Vasudevan, Jm:

40A is being substituted to nullify the loophole created by the judicial decisions, the legal position remains the same even after the said substitution. The newly substituted sub- section (3) contains the phrase "a payment or aggregate of payments made to a person in a day..." This expression is analogous to the phrase "in a sum" used in erstwhile Sec.40A

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

condoning the delay. Thus, the judgment of the Hon’ble High Court of Delhi in Meeta Gutgutia has reached finality. ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 37 of 55 22. The Hon’ble High Court of Judicature at Bombay, Nagpur Bench in the case of Commissioner of 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

condoning the delay. Thus, the judgment of the Hon’ble High Court of Delhi in Meeta Gutgutia has reached finality. ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 37 of 55 22. The Hon’ble High Court of Judicature at Bombay, Nagpur Bench in the case of Commissioner of Income

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

condoning the delay. Thus, the judgment of the Hon’ble High Court of Delhi in Meeta Gutgutia has reached finality. ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 37 of 55 22. The Hon’ble High Court of Judicature at Bombay, Nagpur Bench in the case of Commissioner of 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

condoning the delay. Thus, the judgment of the Hon’ble High Court of Delhi in Meeta Gutgutia has reached finality. ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 37 of 55 22. The Hon’ble High Court of Judicature at Bombay, Nagpur Bench in the case of Commissioner of 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

condoning the delay. Thus, the judgment of the Hon’ble High Court of Delhi in Meeta Gutgutia has reached finality. ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 37 of 55 22. The Hon’ble High Court of Judicature at Bombay, Nagpur Bench in the case of Commissioner of 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

condoning the delay. Thus, the judgment of the Hon’ble High Court of Delhi in Meeta Gutgutia has reached finality. ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 37 of 55 22. The Hon’ble High Court of Judicature at Bombay, Nagpur Bench in the case of Commissioner of Income

M/S. EL MEASURE INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -2(1)(1), BANGALORE

In the result appeal filed by assessee stands allowed

Bench: Shri B.R.Baskaran & Smt. Beena Pillai, Judical Member

2 .Brief facts of the case are as under: Assessee filed its return of income for year under consideration declaring total income of Rs.89,27,750/- on 29/09/13. Subsequently revised return was filed on 21/06/14. Notice under section 142(1) was issued in response to which representative of assessee appeared before Ld.AO and furnished details as called for. Ld.AO observed

SRI. T. SHIVAKUMAR,DAVANGERE vs. CIT, DAVANGERE

In the result, appeal of the assessee stands allowed

B. P. Vijaykumar, should be disbelieved. In the circumstances, I am of the opinion that the delay has to be condoned. The delay is condoned and appeal is admitted. 04. Grounds taken by the assessee in its appeal is reproduced hereunder : ITA.884/Bang/2014 Page - 4 05. Facts apropos are that assessee a contractor had filed his return declaring income of Rs.4

SRI C M MALLAD,BIJAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, BELGAUM

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

Bench: Shri A. K. Garodia & Smt. Beena Pillaiassessment Year : 2005-06 Shri Channabasappa M Mallad, Assistant Commissioner Of Income Tax, Vijayanagar Colony, Central Circle – 1, Solapur Road, Vs. Belgaum. Bijapur. Pan : Ajlpm 7802 L Appellant Respondent Assessee By : Shri. Narendra Sharma, Advocate Revenue By : Shri. Shahnawaz Ul Rahman, Jcit (Dr)(Itat), Bengaluru Date Of Hearing : 12.02.2020 Date Of Pronouncement : 24.02.2020 O R D E R

B” BENCH : BANGALORE BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER Assessment year : 2005-06 Shri Channabasappa M Mallad, Assistant Commissioner of Income Tax, Vijayanagar Colony, Central Circle – 1, Solapur Road, Vs. Belgaum. Bijapur. PAN : AJLPM 7802 L APPELLANT RESPONDENT Assessee by : Shri. Narendra Sharma, Advocate Revenue by : Shri. Shahnawaz Ul Rahman, JCIT (DR)(ITAT

BABULAL ,BENGALURU vs. INCOME TAX OFFICER, WARD-2(2)(4), BANGALORE

In the result, both the appeals filed by the assessee stands partly allowed for statistical purposes

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits". The expression “sufficient cause” employed by the Legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice that being the life

BABULAL ,BENGALURU vs. THE INCOME TAX OFFICER, WARD-2(2)(4) , BANGALORE

In the result, both the appeals filed by the assessee stands partly allowed for statistical purposes

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

section 51 of the Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on de merits". The expression “sufficient cause” employed by the Legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice that being the life

M/S DESAI & CO.,HUBBALLI vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), HUBBALLI

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

condone the delay of about 86 days delay in filing the appeal as per the provisions of Section 249 [3] without going into the merits of the case of the Appellant which is against the principles of natural justice, on the facts and circumstances of the appellant's case. 3.1. The learned Commissioner of Income-tax [Appeals] failed to appreciate