DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahuthe Dy. Commissioner Of Vs Shri C. Gangadhara Murthy Income-Tax, No. 322, 3Rd A Corss, 2Nd Block Circle - 6(2)(1) 3Rd Stage, Basaveshwaranagar Bangalore . Bangalore 560079. Pan – Agipg 2668 N (Appellant) (Respondent)

271 ITR (AT) 56 (Hyd.) that "processing of return under section 143(1)(a) cannot be equated to an assessment. Notice under section 143(2) was also not issued. The Assessing Officer has power under section 147 to initiate the assessment proceedings". In the case of Mahanagar Telephone Nigam Ltd. v. CBDT [2000] 246 ITR 173 Delhi

KOTARKI CONSTRUCTION PVT LTD ,BIDAR vs. JOINT COMMISSIONER OF INCOME TAX GULBARGA RANGE , GULBARGA

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2010-11

271(1)(c) of the Act has not been complied with under the facts and circumstances of the case. 5. The CIT(A) failed to appreciate that the AO has not recorded satisfaction in the order of assessment, either for concealment or furnishing inaccurate particulars of income and consequently the order passed is bad in law, on the facts

THE INCOME TAX OFFICER WARD-2 , BAGALKOT vs. M/S RYTARA SAHAKARI SAKKARE KARKHANE NIYAMITHA , BAGALKOT

In the result, the appeal by the revenue is dismissed, while the CO is allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boazassessment Year : 2010-11

271(1)(c) of the Income Tax Act, 1961 (Act). In the Cross objection the Assessee has submitted that the penalty proceedings u/s.271(1)(c) of the Act has to be quashed on the ground that the show cause notice issued u/s.274 of the Act, before imposing penalty does not specify the exact charge against the Assessee and therefore even

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

C) 2317.89 63. It was the plea of the Assessee that the excess of purchase consideration over the value assigned to tangible assets, was allocated to intangible assets to the extent of Rs.88.08 crores and goodwill to the extent of Rs.43.40 crores. Such portion of the purchase consideration (which is in excess of the value allocated to tangible assets acquired

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1) , BANGALORE vs. MITSUBISHI HEAVY INDUSTRIES-VST DIESEL ENGINES PRIVATE LIMITED, MYSURU

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2016-17

depreciation, the Assessing officer initiated the penalty proceedings U/s 271(1)(c) of the I. Tax Act, 1961 for furnishing inaccurate particulars of Income on or before the completion of the Assessment Proceedings. 16. Further, The Learned JCIT, Circle 4(1)(2), Bangalore based on the fact that the Assessee had not made suo-moto submission regarding non-eligibility

DEPUTY COMMISSIONER OF INCOME TAX, (EXEMPTIONS), CIRCLE-1, BENGALURU vs. RASHTROTTHANA PARISHAT, BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year: 2017=18

c) of the Income-tax Act entirely indicates the element of strict liability on the assessee for concealment or for giving inaccurate particulars while filing return. The judgment in Dilip N. Shroff’s case (supra) has not considered the effect and relevance of section 276C of the Income-tax Act. Object behind enactment of section 271(1)(e) read with

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE vs. M/S. MANIPAL HOSPITALS (BANGALORE) PRIVATE LIMITED, BENGALURU

In the result appeal of the Ld

Bench: Shri Prashant Maharishi, Hon’Ble & Shri Soundararajan K, Hon’Bledcit – Central Circle – 1(2) Vs. M/S. Manipal Hospitals Room No. 307, 3Rdfloor. (Bangalore) Private Limited C.R. Building, Queens Road 98/2, The Annex Bengaluru – 560001 Ruso Bagh Karnataka Off. Hal Airport Road Bengaluru – 560017 Karnataka Pan: Aaccv9562D (Applicant) (Respondent) Assessee Represented By: Sri S.K. Tulsiyan, Advocate Department Represented By: Smt Prajakta Thakur, Jcit Date Of Hearing:09.07.2025 Date Of Pronouncement 30.07.2025 O R D E R Per Prashant Maharishi: 1. Captioned Appeal Is Filed By Dcit – Central Circle – 1(2), Bengaluru Against The Appellate Order Passed By The Commissioner Of Income Tax (Appeals)-15, Bengaluru (“The Ld.Cit(A)”) Dated 28.02.2025 Wherein The Appeal Filed By The Assessee Against The Penalty Order Dated 25.03.2022 Passed By Dcit – Central

section 271(1)(c) of the Act for which the penalty proceedings are initiated, in this regard Ld.CIT(A) has followed the decision of the Hon’ble Karnataka High Court in case of CIT v. Manjunatha Cotton & Ginning Factory [35 taxmann.com 250 (kar)] as well as CIT v. SSA’s Emerald Meadows [73 taxmann.com 241 (Karnataka)]. Therefore, the penalty

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, LTU, CIRCLE-2, BANGALORE

In the result, the appeals are partly allowed for statistical purposes

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

depreciation was reduced to the extent of Rs.50,25,197. Assessment was completed u/s. 143(3) r.w.s. 147 of the Act on 31.12.2018 determining total income at Rs.1502,69,05,350 under regular provisions and at Rs.1848,74,25,220 under MAT provisions after making certain disallowances. 6. The first common issue that arises for consideration

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeals are partly allowed for statistical purposes

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

depreciation was reduced to the extent of Rs.50,25,197. Assessment was completed u/s. 143(3) r.w.s. 147 of the Act on 31.12.2018 determining total income at Rs.1502,69,05,350 under regular provisions and at Rs.1848,74,25,220 under MAT provisions after making certain disallowances. 6. The first common issue that arises for consideration

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeals are partly allowed for statistical purposes

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

depreciation was reduced to the extent of Rs.50,25,197. Assessment was completed u/s. 143(3) r.w.s. 147 of the Act on 31.12.2018 determining total income at Rs.1502,69,05,350 under regular provisions and at Rs.1848,74,25,220 under MAT provisions after making certain disallowances. 6. The first common issue that arises for consideration

TEJAS NETWORKS LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that the appellant has not concealed income. 7. Interest under section 234B of the Act. The learned AO erred in levying interest under section 234B of the Act. The same is consequential

ASST.C.I.T., BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that the appellant has not concealed income. 7. Interest under section 234B of the Act. The learned AO erred in levying interest under section 234B of the Act. The same is consequential

DCIT, BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that the appellant has not concealed income. 7. Interest under section 234B of the Act. The learned AO erred in levying interest under section 234B of the Act. The same is consequential

M/S TEJATS NETWORKS LIMITED ,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL , BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that the appellant has not concealed income. 7. Interest under section 234B of the Act. The learned AO erred in levying interest under section 234B of the Act. The same is consequential

TEJAS NETWORKS LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that the appellant has not concealed income. 7. Interest under section 234B of the Act. The learned AO erred in levying interest under section 234B of the Act. The same is consequential

M/S. TEJAS NETWORKS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, BENGALURU

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that the appellant has not concealed income. 7. Interest under section 234B of the Act. The learned AO erred in levying interest under section 234B of the Act. The same is consequential

DCIT, BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

271(1)(c) of the Act without having regard to the fact that the appellant has fully disclosed all the facts in the return of income and that the appellant has not concealed income. 7. Interest under section 234B of the Act. The learned AO erred in levying interest under section 234B of the Act. The same is consequential

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