ASSISTANT COMMISSIONER OF INCOME TAX, BENGALURU vs. CMR JNANADHARA TRUST, BENGALURU

In the result, the appeal filed by the revenue is hereby dismissed

Bench: Shri George George K & Shri Waseem Ahmed

disallowance warranted. According to the AO, the profit margins of the company, whose gross receipts is predominantly from the related enterprises only, before payment of salaries to specified persons u's. 13(3) and after payment of the same are in the order of 1763% and 1257% respectively, and this as per AO is not at arm's length

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE-1, BENGALURU vs. K J FOUNDATION, BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assistant Commissionerof K.J. Foundation Income Tax 58/1 Thubarahalli Room No. 606, 6Th Floor Behind Sriram, Samruthi Vs. Unity Bldg. Annex Apartments, Whitefield Road P. Kalinga Rao Road Karnataka 500067 Karnataka 560027 Pan – Aabtk1178N (Appellant) (Respondent) Assessee By: Shri Satish R. Mody, Advocate Revenue By: Shri Vilas V. Shinde, Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 19.06.2024 O R D E R Per: Soundararajan K., J.M. This Is An Appeal Filed By The Revenue Against The Order Passed By The National Faceless Appeal Centre, Delhi (‘Cit(A)’) Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of The Assessment Year (Ay) 2017-18. 2. The Revenue Has Raised The Following Grounds Of Appeal: - “1 The Order Of Learned Cit(A) Is Opposed To Facts & Circumstances Of The Case 2 The Cit(A) Has Erred In Observing That During The F.Y 2016- 17, The Assessee Had Paid Lease Rent Of Rs.9,58,28,710/-Only To Eduspark International Pvt. Ltd. Which Was A Specified Person U/S.13(3) Of The Income Tax Act, 1961 & That Such Payment

disallowed the entire amount spent towards charitable purposes and subjected the entire income to tax. The said order was challenged before the CIT(A) on the ground that the application of provisions 13(2)(c) and 13(2)(g)) of the Act to deny the deduction is not correct since there is no payment of any remuneration to the trustee

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE-1, UNITY BUILDING ANNEX vs. MYMUL RAITHA KALYANA TRUST, SIDDARATHANAGAR

In the result, the appeal of the Revenue in ITA\nNo

c)", "Section 13(2)", "Section 13(3)", "Section 12AA", "Section 80G", "Section 234B", "Rule 46A" ], "issues": "Whether the assessee's activities constitute charitable purposes under Section 2(15) and are eligible for exemption under Section 11. Whether the expenditure on mementoes is to be disallowed

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

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

13 of the\nappeal are general in nature and do not require any separate\nadjudication. Hence, we dismiss the same.\n4. The issue raised by the assessee through Ground No. 2 of the\nappeal is that the assessment order was passed beyond the statutory\ntime limit prescribed under section 153B of the Act. Hence, the\nassessment order is void

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)

13. Without prejudice to the above, even if the\nimpugned disallowance was taken to be under Section\n40A(3), the same is unsustainable as such disallowance\ncan be made only in respect of clearly identified\ntransactions and not on the basis of surmise, conjuncture\nand ad hoc estimate, particularly when the tax auditors\nhave not pointed out any violation

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

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

13,875/- 09-03-2015 465 9,244/- 09-03-2015 466 12,045/- TOTAL 35,164/- The particulars of these instances were also gathered was based on the consolidated statement as well as the corresponding payment vouchers furnished during the course of assessment proceedings. As submitted earlier, it is reiterated that the basis of arriving at the said

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

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

13,875/- 09-03-2015 465 9,244/- 09-03-2015 466 12,045/- TOTAL 35,164/- The particulars of these instances were also gathered was based on the consolidated statement as well as the corresponding payment vouchers furnished during the course of assessment proceedings. As submitted earlier, it is reiterated that the basis of arriving at the said

M/S. AMRUT DISTILLERIES PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

13,875/- 09-03-2015 465 9,244/- 09-03-2015 466 12,045/- TOTAL 35,164/- The particulars of these instances were also gathered was based on the consolidated statement as well as the corresponding payment vouchers furnished during the course of assessment proceedings. As submitted earlier, it is reiterated that the basis of arriving at the said

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, EXEMPTIONS, CIRCLE-1, , BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

13(8).\n3.2 The learned AO and CIT(A) erred in not appreciating\nthat Explanation 3 to section 11(1) only applies sections\n40(a)(ia), 40A(3)/(3A) in computing application of income\nfrom AY 2019-20 onwards. Hence, section 43B does not\napply.\n3.3 Without prejudice, the learned CIT(A) erred in\nconfirming the addition / disallowance under section

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, EXEMPTIONS, CIRCLE-1, BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

13(8).\n3.2 The learned AO and CIT(A) erred in not appreciating\nthat Explanation 3 to section 11(1) only applies sections\n40(a)(ia), 40A(3)/(3A) in computing application of income\nfrom AY 2019-20 onwards. Hence, section 43B does not\napply.\n3.3 Without prejudice, the learned CIT(A) erred in\nconfirming the addition / disallowance under 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

13. Without prejudice to the above, even if the\nimpugned disallowance was taken to be under Section\n40A(3), the same is unsustainable as such disallowance\ncan be made only in respect of clearly identified\ntransactions and not on the basis of surmise, conjuncture\nand ad hoc estimate, particularly when the tax auditors\nhave not pointed out any violation

M/S. SARAKKI EDUCATIONAL SOCIETY ,BANGALORE vs. INCOME TAX OFFICER, WARD -3 (EXEMPTIONS), BANGALORE

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

section 13(2)(c) and 13(2)(g) r.w.s. 13(3) and 13(1)(c) of the Act, the surplus generated in the hands of the society was brought to tax but denial of exemption u/s. 11 of the Act and accordingly the AO re-drawn the taxable income as detailed below:- ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational

M/S. SARAKKI EDUCATIONAL SOCIETY,BANGALORE vs. INCOME TAX OFFICER, WARD-3(EXEMTIONS), BANGALORE

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

section 13(2)(c) and 13(2)(g) r.w.s. 13(3) and 13(1)(c) of the Act, the surplus generated in the hands of the society was brought to tax but denial of exemption u/s. 11 of the Act and accordingly the AO re-drawn the taxable income as detailed below:- ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational

INCOME TAX OFFICER, EXEMPTIONS, WARD-3, BENGALURU vs. SARAKKI EDUCATION SOCIETY, BENGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

section 13(2)(c) and 13(2)(g) r.w.s. 13(3) and 13(1)(c) of the Act, the surplus generated in the hands of the society was brought to tax but denial of exemption u/s. 11 of the Act and accordingly the AO re-drawn the taxable income as detailed below:- ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational

INCOME TAX OFFICER, EXEMPTIONS WARD-3, BENGALURU vs. SARAKKI EDUCATIONAL SOCIETY, BENGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

section 13(2)(c) and 13(2)(g) r.w.s. 13(3) and 13(1)(c) of the Act, the surplus generated in the hands of the society was brought to tax but denial of exemption u/s. 11 of the Act and accordingly the AO re-drawn the taxable income as detailed below:- ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

disallowance made by the Learned AO under Section\n14A without recording the satisfaction is bad and invalid.\n7.\nBased on the above submissions, it is humbly prayed that the\nimpugned order for AY 2017-18 may be quashed.\n Assessment Years 2018-19 to 2020-21:\n1.\nIt is submitted that the Assessee's Appeal

TOYOTA BOSHOKU AUTOMOTIVE INDIA PRIVATE LIMITED,BIDADI vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT OR THE DCIT, CIRCLE - 7(1)(1), KORAMANGALA

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

C’ BENCH, BANGALORE BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI KESHAV DUBEY, JUDICIAL MEMBER IT(TP)A No. 1539/Bang/2024 Assessment Year: 2020-21 Toyota Boshoku Automotive India Vs. The Dy. Commissioner of Private Limited., Income Tax, No.41, Bhimenahalli, MN Halli Post, Circle – 7(1)(1), Manchanayakanahalli B.O, Bidadi, Bangalore. Ramanagara. PAN – AAECT 1871 F APPELLANT RESPONDENT Assessee by : Shri

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

3) 2015-16 Order of this Hon’ble Tribunal in ITA No. 488/Bang/2022 holding that proceedings under Pages 219 - 225 section 263 could not be initiated on account of absence of incriminating material 2016-17 Due date of issue of notice under section 143(2) NA of the Act expired on 31.03.2017 c. It can be seen from the above