M/S SHETTY CONSTRUCTIONS ,KALABURAGI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-(1), KALABURAGI

In the result, the appeal is partly allowed

Bench: Shri N.V.Vasudevan & Shri A.K.Garodiaita No.286(Bang)/2019 (Assessment Year : 2007-08) M/S Shetty Constructions, Shetty Enclave, Aland Road, Kalaburagi-585 103 Panno.Aaffs1811G Appellant Vs The Asst. Commissioner Of Income Tax, Circle-(1), Kalaburagi Respondent Appellant By : Shri Sreehari Kutsa, Advocate Revenue By : Shri Manjeet Singh, Addl.Cit

142A of the Act to the DVO. In this regard the assessee placed reliance on the decision of the Hon’ble Delhi High Court in the case of CIT Vs Aar Pee apartments Pvt.Ltd.(2009) 227 CTR 495 wherein it was held that since there is no mention of sec.69Cin sec.142A of the Act the AO could not refer

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

section 132A. 50.3 Applicability-These\namendments will take effect from the 1st day of June, 2007.\"\n\n6.2 From the perusal of the section 153D of the Act read with the CBDT\nCircular No. 3 of 2008, dated 12-3-2008, the legislative intent can be gathered\nso far as that the legislature in its highest wisdom made it compulsory

M/S. GMR ENTERPRISES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(2), BANGALORE

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

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.2310/Bang/2019 : Asst.Year 2015-2016 M/S.Gmr Enterprises Pvt. Ltd. The Dy.Commissioner Of (Successor To Gmr Holdings P.Ltd) Income-Tax, Central Circle 2(2) V. Bangalore. No.25/1 Skip House, Museum Rd. Bangalore – 560 025. Pan : Aaccr1554R. (Appellant) (Respondent) Appellant By : Sri.Yogesh Thar, Ca Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 28.10.2021 Date Of Hearing : 25.10.2021 O R D E R Per Bench:- This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 14.10.20199 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2015-2016. 2. The Assessee Has Raised Five Grounds & Various Sub Grounds. The Assessee By Its Application Dated 13.07.2020 Has Also Raised An Additional Ground. The Learned Ar During The Course Of Hearing Submitted That Grounds No.Ii & Iii May Be Adjudicated & The Other Grounds May Be Left Open. Therefore, Grounds No.Ii & Iii Are Reproduced Below:-

142A of the Act; and 3 IT(TP)A No.2310/Bang/2019. M/s GMR Enterprises Private Limited. d) Section 56(2)(viib) of the Act being an anti-avoidance provision introduced with the intention of deterring generation and use of unaccounted money, would not apply to cases where the issue of shares is to the existing shareholders on proportionate basis or genuine

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

MS. PUSPHA RAO PAMIDI,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), BANGALORE

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

Bench: Shri George George K. & Shri Laxmi Prasad Sahums. Pushpa Rao Pamidi Vs Dcit, Circle - 2(1) No. 156/1, C/O T. Viswanath & Co Bengaluru Sharada Mansion, 2Nd Floor R V Road, V V Puram Bengaluru 560004 Pan – Bhhpp1695K (Appellant) (Respondent) Assessee By: Shri Sathish S., Advocate Revenue By: Ms. Neera Malhotra, Cit-Dr Date Of Hearing: 07.02.2023 Date Of Pronouncement: 08.02.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Final Assessment Order Dated 28.07.2022 Passed Under Section 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2018-19. 2. There Is A Delay Of Four Days In Filing This Appeal Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay & Also An Affidavit Stating Therein The Reasons For Belated Filing Of This Appeal. On Perusal Of The Reasons Stated In The Affidavit We Find That The Delay In Filing The Appeal Cannot Be Attributed To Any Latches On The Part Of The Assessee & There Is Sufficient Cause For Belated Filing Of This Appeal. Hence, We Condone The Delay Of Four Days & Proceed To Dispose Of The Case On Merits.

depreciated value as the construction cost incurred is much before and hence the value as adopted by the appellant being correct and the same needs to be accepted. 2.4 The District Valuation Officer has erred in not giving the proper opportunity for submission of the documents required which had a lengthy points and the appellant's absence in India

M/S JINDAL ALUMINIUM LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee stands dismissed

Bench: Shri Sunil Kumar Yadav & Shri Jason P. Boazassessment Year : 2005-06

142A of the Act have no application in the case of the Appellant. 8. The learned CIT (Appeals) ought to have appreciated that estimation of value of the property was not conclusive for Page 3 of 19 reopening the assessment under Section 147 of the Act as held by the Hon'ble Supreme Court and consequently the reassessment based upon

M/S VRL LOGISTICS LTD,HUBLI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HUBLI

In the result, the assessee’s appeal is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 271(1)(c) of the Act, are initiated accordingly for furnishing inaccurate particulars of income.” ITA No.2780 /Bang/2017 Page 9 of 12 9. In this regard, the assessee submitted that bills and vouchers were submitted by the contractor in the subsequent year and after verification they were accounted for in the subsequent year only. It is also stated that