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

Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held in the previous

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

Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held in the previous

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

Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held in the previous

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

Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held in the previous

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

Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held in the previous

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

Depreciation was also denied on the same reasoning as held u/s. 11(1)(a). iii. Expenditure in the nature of Capital Expenditure – Rs.8,21,61,215. ITA Nos.500 TO 506/Bang/2020 Page 9 of 183 iv. Disallowance of donations u/s 37 – Rs.63,25,000. v. Undisclosed cash receipts – Rs.87,72,00,000 : In this year also, as held in the previous

SHRI H B SUDARSHAN ,CHIKKAMANGALUR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE , BANGALORE vs. SHRI H B SUDARSHAN , CHIKKAMANGALUR

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE , BANGALORE vs. SHRI.H B SUDARSHAN , CHIKKAMANGALUR

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE vs. SHRI H B SUDARSHAN , CHIKKAMANGALUR

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

SHRI H B SUDARSHAN ,CHIKKAMANGALUR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

SHRI H B SUDARSHAN,CHIKKAMANGALUR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE , BANGALORE vs. SHRI. H B SUDARSHAN , CHIKKAMANGALUR

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

SHRI H B SUDARSHAN ,CHIKKAMANGALUR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE vs. SHRI.H B SUDARSHAN , CHIKKAMANGALUR

In the result, all the assessee’s appeals are dismissed and revenue’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 292C of the I.T. Act in that case. In Income Tax proceedings, strict ITA Nos.309 to 313 & 1494 to 1497/Bang/2018 Page 10 of 52 rule of evidence is not applicable as rightly pointed out by the ld. DR. The CIT(A) should not have placed reliance on the above judgment and he should have independently examined each seized material

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

depreciation amounting to Rs. 75,00,000/- holding that the same was not forming part of the cost of the windmill and was infact, a payment made for taking the land on lease under the facts and in the circumstances of the appellant's case. 3. The learned CIT[A] is not justified in upholding the rejection of the exemption

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

depreciation amounting to Rs. 75,00,000/- holding that the same was not forming part of the cost of the windmill and was infact, a payment made for taking the land on lease under the facts and in the circumstances of the appellant's case. 3. The learned CIT[A] is not justified in upholding the rejection of the exemption

ASST.C.I.T., BANGALORE vs. M/S SHYAMARAJU & CO INDIA PVT. LTD.,, BANGALORE

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

292C of the Act, there is a presumption that the documents , assets, books of accounts etc found at the time of search in the premises of a person is always presumed to be belonging to him / them unless proved otherwise. This goes to prove that the presumption derived is a rebuttable presumption. Then in such a scenario, the person

ASST.C.I.T., BANGALORE vs. M/S SHYAMARAJU & CO INDIA PVT. LTD.,, BANGALORE

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

292C of the Act, there is a presumption that the documents , assets, books of accounts etc found at the time of search in the premises of a person is always presumed to be belonging to him / them unless proved otherwise. This goes to prove that the presumption derived is a rebuttable presumption. Then in such a scenario, the person