GOPAL S. PANDITH vs. DCIT,

In the result, all the appeals of the assessee are partly allowed

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

139 of the Act and not to the proceedings initiated u/s 153A of the Act, since the learned Assessing Authority has considered the income returned in the original return. 6. The ld. Commissioner of Income Tax (Appeals) erred in upholding the adoption of income under head "POOJA" Rs.20,00,000/- as against Rs.3,85,376/- admitted by appellant, rejecting

M/S VOLVO INDIA PVT. LTD. vs. ACIT, BANGALORE

In the result, appeal of the Assessee is partly allowed

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

139, whichever is later : Provided that in case the assessment year in which the income was first assessable is the assessment year commencing on or after the 1st day of April, 2004 but before the 1st day of April, 2010, the provisions of clause (a) shall have effect as if for the words "two years", the words "twenty-one months

IBM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2000-2001

139] [***], the case may be, shall not apply in relation to furnishes to the [Assessing] Officer a any such allowance or deduction; declaration in writing that the provisions of (ii) no loss referred to in sub-section (1) of this section may not be made applicable to section 72 or sub-section (1) or sub section (3) him, the provisions

SHRI. JITENDRA VIRWANI,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

139 for furnishing the return has expired a notice requiring him, on a date to be therein specified,…….”. The ld. AR submitted, therefore, notice u/s 142(1) can be issued only ‘for the purpose of making assessment.’ When the time-limit to initiate assessment proceedings itself is barred by limitation, it is trite to state that the notice

SHRI. JITENDRA VIRWANI,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

139 for furnishing the return has expired a notice requiring him, on a date to be therein specified,…….”. The ld. AR submitted, therefore, notice u/s 142(1) can be issued only ‘for the purpose of making assessment.’ When the time-limit to initiate assessment proceedings itself is barred by limitation, it is trite to state that the notice

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

3 years from the sale of residential property( the assessee also met this condition as it purchased residential flat within 2 years of sale of original asset viz. the original asset was sold on 03.03.2011 and new residential flat was purchased on 28.02.2013). Section 54 stipulates that the new asset is to purchased or constructed, as the case

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)

139(1)\nand no notice under section\n139(2) was served upon\nhim. However, he filed\nreturns under section\n139(4). After a period of\nabout four years, he filed\nrevised\nreturns.\nThe\nAssessing Officer did not\ncomplete the assessments\nbefore the expiry of four\nyears from the end of the\n assessment years.\nThus, the facts of the case

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

139 (in Rs.) 143(3) (in 153A (in Rs. per 143(3) Rs.) r.w.s. 153A (in Rs.) 2013-14 4,72,95,000 4,79,75,550 5,10,21,920 3

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

139 (in Rs.) 143(3) (in 153A (in Rs. per 143(3) Rs.) r.w.s. 153A (in Rs.) 2013-14 4,72,95,000 4,79,75,550 5,10,21,920 3

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

139 (in Rs.) 143(3) (in 153A (in Rs. per 143(3) Rs.) r.w.s. 153A (in Rs.) 2013-14 4,72,95,000 4,79,75,550 5,10,21,920 3

M/S. IBM INDIA PVT. LTD.,,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-4(1)(2), BENGALURU

In the result appeal filed by assessee stands partly allowed

Bench: Shri. B. R. Baskaran & Smt. Beena Pillai

Section 92CC with the caption “Advance Pricing Agreement” provides through sub-section (1): `The Board, with the approval of the Central Government, may enter into an advance pricing agreement with any person, determining the arm's length price … in relation to an international transaction …’. Sub-section (2) gives the manner of determination of the ALP referred to in sub-section

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

139(1)\nand no notice under section\n139(2) was served upon\nhim. However, he filed\nreturns under section\n139(4). After a period of\nabout four years, he filed\nrevised\nreturns.\nThe\nAssessing Officer did not\ncomplete the assessments\nbefore the expiry of four\nyears from the end of the\n assessment years.\n\nThus, the facts

ACIT vs. M/S VSL MINING CO. P. LTD.,,

In the result, Revenue’s appeal for Assessment Year 2008-09 is dismissed

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

139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other

V.S.L. MINING COMPANY PVT. LTD. vs. DCIT,

In the result, Revenue’s appeal for Assessment Year 2008-09 is dismissed

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

139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

139, after the expiry of one month from the date on which he was served with a notice under sub-section (1) of section 142 or sub-section (2) of section 143 or after the completion of the assessment, whichever is earlier; ITA Nos.554 & 555/Bang/2018 Page 18 of 64 (b) where he has made no such return, after the expiry

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

139, after the expiry of one month from the date on which he was served with a notice under sub-section (1) of section 142 or sub-section (2) of section 143 or after the completion of the assessment, whichever is earlier; ITA Nos.554 & 555/Bang/2018 Page 18 of 64 (b) where he has made no such return, after the expiry

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH , BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person referred to in section 153A, then the books of account or documents

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH, BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person referred to in section 153A, then the books of account or documents