M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

4,31,496 Total Taxable Income 31,69,54,864 9. Consequently, on the basis of search u/s. 132 on 6.8.2015 and on similar facts and similar reasoning as in AY 2010-11, the AO determined the total income at Rs.46,13,25,960 on the following components:- i. Total Income as per Order u/s. 143(3) – Rs.31

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

4,31,496 Total Taxable Income 31,69,54,864 9. Consequently, on the basis of search u/s. 132 on 6.8.2015 and on similar facts and similar reasoning as in AY 2010-11, the AO determined the total income at Rs.46,13,25,960 on the following components:- i. Total Income as per Order u/s. 143(3) – Rs.31

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

4,31,496 Total Taxable Income 31,69,54,864 9. Consequently, on the basis of search u/s. 132 on 6.8.2015 and on similar facts and similar reasoning as in AY 2010-11, the AO determined the total income at Rs.46,13,25,960 on the following components:- i. Total Income as per Order u/s. 143(3) – Rs.31

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

4,31,496 Total Taxable Income 31,69,54,864 9. Consequently, on the basis of search u/s. 132 on 6.8.2015 and on similar facts and similar reasoning as in AY 2010-11, the AO determined the total income at Rs.46,13,25,960 on the following components:- i. Total Income as per Order u/s. 143(3) – Rs.31

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

4,31,496 Total Taxable Income 31,69,54,864 9. Consequently, on the basis of search u/s. 132 on 6.8.2015 and on similar facts and similar reasoning as in AY 2010-11, the AO determined the total income at Rs.46,13,25,960 on the following components:- i. Total Income as per Order u/s. 143(3) – Rs.31

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

4,31,496 Total Taxable Income 31,69,54,864 9. Consequently, on the basis of search u/s. 132 on 6.8.2015 and on similar facts and similar reasoning as in AY 2010-11, the AO determined the total income at Rs.46,13,25,960 on the following components:- i. Total Income as per Order u/s. 143(3) – Rs.31

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

Section\n153D. It is not an exercise dealing with a immaterial matter which\ncould be corrected by taking recourse to Section 292B of the Act.\n16. We are not inclined to interdict the order of the Tribunal.\n17. Accordingly, the appeal is closed.\n6.5 The above view taken by the Hon’ble Delhi High Court in the case of PCIT

M/S. GLOBAL TECH PARK PVT LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

132(4), assessee accepted that cash payment is made to aggregators and further it was confirmed u/s. 131 by the aggregators also. Accordingly the ld. AO made addition of Rs.2,97,47,130 being Rs.2,10,67,130 paid to Mr. Sajjad Khan and Rs.86,80,000 to Mr. Fahd Khan as income of the assessee as unexplained investment

M/S. GLOBAL TECH PARK PVT. LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

132(4), assessee accepted that cash payment is made to aggregators and further it was confirmed u/s. 131 by the aggregators also. Accordingly the ld. AO made addition of Rs.2,97,47,130 being Rs.2,10,67,130 paid to Mr. Sajjad Khan and Rs.86,80,000 to Mr. Fahd Khan as income of the assessee as unexplained investment

M/S. GLOBAL TECH PARK PVT LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

132(4), assessee accepted that cash payment is made to aggregators and further it was confirmed u/s. 131 by the aggregators also. Accordingly the ld. AO made addition of Rs.2,97,47,130 being Rs.2,10,67,130 paid to Mr. Sajjad Khan and Rs.86,80,000 to Mr. Fahd Khan as income of the assessee as unexplained investment

M/S. GLOBAL TECH PARK PVT. LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

132(4), assessee accepted that cash payment is made to aggregators and further it was confirmed u/s. 131 by the aggregators also. Accordingly the ld. AO made addition of Rs.2,97,47,130 being Rs.2,10,67,130 paid to Mr. Sajjad Khan and Rs.86,80,000 to Mr. Fahd Khan as income of the assessee as unexplained investment

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice under section 153A of the Act, assessee filed return on 30.03.2019 and declared income as stated in the ITA Nos.21 to 26/Bang/2024 Page 20 of 47 above table. Thereafter, notice under section 143(2) of the Act was issued

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice under section 153A of the Act, assessee filed return on 30.03.2019 and declared income as stated in the ITA Nos.21 to 26/Bang/2024 Page 20 of 47 above table. Thereafter, notice under section 143(2) of the Act was issued

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice under section 153A of the Act, assessee filed return on 30.03.2019 and declared income as stated in the ITA Nos.21 to 26/Bang/2024 Page 20 of 47 above table. Thereafter, notice under section 143(2) of the Act was issued

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

depreciation claimed on the WDV.\nLater on the Order passed under section 143(3) of the Act, the learned Pr.CIT\nexercised his power under section 263 of the Act and this issue was also not\ntouched by the learned Pr.CIT in his Order dated 30.03.2022 and the same\norder of the learned PrCIT was challenged before the Tribunal

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

depreciation claimed on the WDV.\nLater on the Order passed under section 143(3) of the Act, the learned Pr.CIT\nexercised his power under section 263 of the Act and this issue was also not\ntouched by the learned Pr.CIT in his Order dated 30.03.2022 and the same\norder of the learned PrCIT was challenged before the Tribunal

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

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

Section 132 or\nrequisition under Section 132A of the Act,1961.\n\nPage 45 of 47\nITA Nos.21 to 26/Bang/2024\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under Sections 147/148 of the Act, subject to\nfulfilment of the conditions as envisaged/mentioned under sections 47/148\nof the Act and those powers arc saved

JOHN DEVELOPERS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment