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9 results for “disallowance”+ Section 142Aclear

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Key Topics

Section 143(3)11Addition to Income9Section 14A8Section 142A8Disallowance8Section 56(2)(viib)6Section 1475Section 12A4Section 153A4Section 69

SRI. K. SATISH KUMAR,BENGALURU vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-9, BANGALORE

In the result, the assessee’s appeal is allowed

ITA 1988/BANG/2016[2007-08]Status: DisposedITAT Bangalore01 Aug 2022AY 2007-08

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2007-08

For Appellant: Shri V. Srinivasan, A.RFor Respondent: Dr. Manjunath Karkihalli, D.R
Section 133A(1)Section 143(3)Section 234Section 234A

section 142A of the Act, a reference to the Valuation Officer can be made 'in effect' to determine the undisclosed income of the assessee under such circumstances as held by the Courts as discussed above. Even otherwise, it is seen that reference to an expert is a part of enquiry carried out by the Assessing officer

4
Survey u/s 133A4
Charitable Trust2

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

In the result, the appeal is partly allowed

ITA 286/BANG/2019[2007-08]Status: DisposedITAT Bangalore12 Feb 2020AY 2007-08

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

For Appellant: Shri Sreehari Kutsa, AdvocateFor Respondent: Shri Manjeet Singh, Addl.CIT
Section 133ASection 142ASection 143(1)Section 143(3)Section 69

section 142A shall apply in respect of an assessment made on or before the 30th day of September, 2004, and where such assessment has become final and conclusive on or before that date. The requirement that finding that the books of accounts maintained by the Assessee is not correct and the value estimated by the AO varies substantially from what

M/S. MANGALORE ROUND TABLE TRUST,MANGALORE vs. COMMISSIONER OF INCOME TAX (EXEMPTIONS), BANGALORE

In the result, the appeal is partly allowed

ITA 2472/BANG/2019[2019-20]Status: DisposedITAT Bangalore12 Feb 2020AY 2019-20

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

For Appellant: Shri Sreehari Kutsa, AdvocateFor Respondent: Shri Manjeet Singh, Addl.CIT
Section 133ASection 142ASection 143(1)Section 143(3)Section 69

section 142A shall apply in respect of an assessment made on or before the 30th day of September, 2004, and where such assessment has become final and conclusive on or before that date. The requirement that finding that the books of accounts maintained by the Assessee is not correct and the value estimated by the AO varies substantially from what

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

ITA 2310/BANG/2019[2015-16]Status: DisposedITAT Bangalore28 Oct 2021AY 2015-16

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:-

For Appellant: Sri.Yogesh Thar, CAFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 142ASection 143(3)Section 14ASection 56(2)(viib)

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), BANGALORE

ITA 939/BANG/2025[2020-21]Status: DisposedITAT Bangalore13 Nov 2025AY 2020-21
For Appellant: \nShri M.V Prasad, CA & Shri KS Rajendra KumarFor Respondent: \nShri Muthu Shankar, CIT &
Section 12ASection 143(3)Section 153ASection 153BSection 25Section 250Section 8

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

ITA 940/BANG/2025[2021-22]Status: DisposedITAT Bangalore13 Nov 2025AY 2021-22
For Appellant: Shri M.V Prasad, CA & Shri KS Rajendra KumarFor Respondent: Shri Muthu Shankar, CIT &
Section 12ASection 143(3)Section 153ASection 153BSection 25Section 250Section 8

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

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

In the result, the appeal of the assessee stands dismissed

ITA 919/BANG/2014[2005-06]Status: DisposedITAT Bangalore28 Sept 2017AY 2005-06

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

For Appellant: Shri S. Parthasarathi, AdvocateFor Respondent: Shri Harinder Kumar, CIT(A)-3
Section 142ASection 143(3)Section 147Section 80

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

SRI. M. NAGARAJA,MYSORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2(1), MYSORE

In the result, appeal of the assessee is dismissed

ITA 1905/BANG/2019[1999-2000]Status: DisposedITAT Bangalore05 Sept 2022AY 1999-2000

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 1999-2000

For Respondent: Shri S. Parthasarathi
Section 139(1)Section 139(4)Section 139(5)Section 143(2)Section 143(3)Section 147Section 148Section 154Section 234BSection 263

142A reference to DVO is valid 9.1 The directions of Hon'ble High Court were also considered in the present order u/s 143(3) rws 263 rws 260 (1A) by the AO in the present order under appeal. It is observed by the AO that Hon'ble High Court of Karnataka has upheld the validity of valuation report

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

ITA 2780/BANG/2017[2003-2004]Status: DisposedITAT Bangalore11 Mar 2022AY 2003-2004

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Himanshu Gandhi, AdvocateFor Respondent: Shri Priyadarshini Mishra, Addl.CIT(DR)(ITAT), Bengaluru

disallowed on the reason of prior period expenses incurred by the assessee. Accordingly, we allow this ground taken by the assessee. 6. Ground No.5 is with regard to addition of Rs.18,19,322/- and Rs.91,51,796/- towards unexplained investment in building including interest on borrowings. It was noted by that the depreciation schedule of the assessee indicated the investment