DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BANGALORE vs. COFFEE DAY ENTERPRISES, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of the assessment as follows: 1. “The order of the learned Commissioner of Income Tax (Appeals) is opposed to the facts of the case and law applicable to it. 2. The learned Commissioner of Income Tax (Appeals) erred in upholding the action of the Assessing Officer in invoking provisions of section 147 of the act, in respect

DEPUTY COMMISSIONER OF INCOME-TAX, , BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of the assessment as follows: 1. “The order of the learned Commissioner of Income Tax (Appeals) is opposed to the facts of the case and law applicable to it. 2. The learned Commissioner of Income Tax (Appeals) erred in upholding the action of the Assessing Officer in invoking provisions of section 147 of the act, in respect

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BANGALORE

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopening of the assessment as follows: 1. “The order of the learned Commissioner of Income Tax (Appeals) is opposed to the facts of the case and law applicable to it. 2. The learned Commissioner of Income Tax (Appeals) erred in upholding the action of the Assessing Officer in invoking provisions of section 147 of the act, in respect

M/S. TOYOTA KIRLOSKAR MOTOR PVT LTD,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, , BENGALURU

In the result, the appeal filed by the assessee is allowed

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year: 2011-12 M/S. Toyota Kirloskar Motor Pvt. Ltd. Plot No.1, Bidadi Industrial Area So Bidadi Acit Vs. Ramanagar Ltu, Circle-1 Bengaluru 562 109 Banalore Pan No : Aaact5415B Appellant Respondent Appellant By : Sri Padam Chand Kincha, A.R. Respondent By : Smt. Kumutha D., D.R. Date Of Hearing : 24.09.2024 Date Of Pronouncement : 20.12.2024

assessment proceedings, the appellant filed all the details, including details of depreciation. Based on the details filed by the Appellant, the learned AO did not make any disallowance with respect to depreciation. Thus, forming an opinion on the depreciation claim. Subsequently, reopening

SMT. NISHITA NANDISH ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

reopening the case and given approval under section 151 of the Act. IN the approval there is Din quoted . He further submitted that in respect of the assessement, should have been made under section 153C fo he Act instead of section 147 of the Act. The learned DR stated that prima facie at the time of issue of notice under

SMT. NISHITA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

reopening the case and given approval under section 151 of the Act. IN the approval there is Din quoted . He further submitted that in respect of the assessement, should have been made under section 153C fo he Act instead of section 147 of the Act. The learned DR stated that prima facie at the time of issue of notice under

SMT. NISHITA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

reopening the case and given approval under section 151 of the Act. IN the approval there is Din quoted . He further submitted that in respect of the assessement, should have been made under section 153C fo he Act instead of section 147 of the Act. The learned DR stated that prima facie at the time of issue of notice under

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BANGALORE vs. COFFEE DAY GLOBAL LIMITED, BANGALORE

In the result, all the COs by assessee in CO\nNos

reopening of the\nassessment and he is not empowered to touch upon any other issue for\nwhich no reasons have been recorded. The above interpretation is contrary\nto the legislative intent.\n47.3: Therefore, to articulate the legislative intention clearly Explanation 3\nhas been inserted in S. 147 to provide that the Assessing Officer may\nexamine, assess or reassess any issue

VEERENDRA KUMAR PATIL,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

reopening of assessment under section 147/148 of the Act. He further submitted that the proceedings under section 148 of the Act should have been initiated by the jurisdictional AO intead of Central Circle and there is no Order passed under section 127 of the Act for change of jurisdiction and no information was provided to the appellant regarding the change

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

depreciation. The assessee also filed cross-objections challenging the reopening of assessments. The core issue revolves around the validity of disallowances

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

reopening of assessment grounds were dismissed based on a jurisdictional High Court decision. Regarding additional depreciation, the conversion of raw coffee

KOGOD BASAVARAJU JAYACHANDRA ,HASSAN vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result the ITA No

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

reopening the case and given approval under section 151 of the Act. The copy ofreasons were provided to the assessee. He further submitted that in respect of the assessement, should have been made under section 153C the Act instead of section 147 of the Act. The learned DR stated that prima facie at the time of issue of notice under

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

reopening of the\nassessment and he is not empowered to touch upon any other issue for\nwhich no reasons have been recorded. The above interpretation is contrary\nto the legislative intent.\n47.3: Therefore, to articulate the legislative intention clearly Explanation 3\nhas been inserted in S. 147 to provide that the Assessing Officer may\nexamine, assess or reassess any issue

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

reopening of the\nassessment and he is not empowered to touch upon any other issue for\nwhich no reasons have been recorded. The above interpretation is contrary\nto the legislative intent.\n47.3: Therefore, to articulate the legislative intention clearly Explanation 3\nhas been inserted in S. 147 to provide that the Assessing Officer may\nexamine, assess or reassess any issue

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

reopening of the\nassessment and he is not empowered to touch upon any other issue for\nwhich no reasons have been recorded. The above interpretation is contrary\nto the legislative intent.\n47.3: Therefore, to articulate the legislative intention clearly Explanation 3\nhas been inserted in S. 147 to provide that the Assessing Officer may\nexamine, assess or reassess any issue

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

reopening of assessment. A search was conducted under section 132, leading to various notices and assessment orders.", "held": "The Tribunal held that for assessment years where the assessee voluntarily disallowed expenses exceeding the exempt income, no further disallowance under section 14A is warranted, as supported by High Court judgments. For the assessment year 2011-12, where no exempt income

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

reopening of the\nassessment and he is not empowered to touch upon any other issue for\nwhich no reasons have been recorded. The above interpretation is contrary\nto the legislative intent.\n47.3: Therefore, to articulate the legislative intention clearly Explanation 3\nhas been inserted in S. 147 to provide that the Assessing Officer may\nexamine, assess or reassess any issue

THAYAPPA BALAKRISHNA,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU-1, BENGALURU

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2014-15 Shri Thayappa Balakrishna, No. 987, 11Th Main, The Principal 1St Block, Commissioner Of 3Rd Stage, Income-Tax, Basaveshwaranagar, Bengaluru – 1. Vs. Bangalore – 560 079. Pan: Abdpb4893N Appellant Respondent : Shri Ravi Shankar .S.V, Assessee By Advocate Revenue By : Shri D.K. Mishra, Cit-Dr

reopening the assessment. He is not empowered to touch upon any other issue for which no reasons have been recorded. The above interpretation is contrary to the legislative intent. With a view to further clarifying the legislative intent, it is proposed to insert an Explanation in section 147 to provide that the Assessing Officer may assess or reassess income

KOGOD BASAVARAJU JAYACHANDRA ,HASSAN vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result the ITA No

reopening the case and given approval\nunder section 151 of the Act. The copy ofreasons were provided to the assessee.\nHe further submitted that in respect of the assessement, should have been made\nunder section 153C the Act instead of section 147 of the Act. The learned DR\nstated that prima facie at the time of issue of notice under