INTACT DEVELOPERS PRIVATE LIMITED ,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

section 144 of the Act. It is immaterial whether the AO has passed the order u/s. 143(3) or 144 of the Act, when there is a return and the AO wanted to disallow some claim, it is mandatory on the part of the AO to issue a statutory notice u/s. 143(2

INTACT DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

section 144 of the Act. It is immaterial whether the AO has passed the order u/s. 143(3) or 144 of the Act, when there is a return and the AO wanted to disallow some claim, it is mandatory on the part of the AO to issue a statutory notice u/s. 143(2

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

section 143(2) and applicable board\ncirculars and instructions.\n4. As regards disallowance under Section_14A_u/s Rule\n8D(2

INCOME TAX OFFICER WARD-6(2)(3), BANGALORE vs. MR.P N KRISHNAMURTHY , BANGALORE

Bench: Shri N.V.Vasudevan, Vice- & Shri Chandra Poojari

disallowance of Rs.8,75,000 towards unsecured loan and deciding the matter based on additional evidences submitted by the assessee in spite of the fact that the assessee could not produce any documents during the assessment proceedings which is contravened to the provision of Rule 46A(3). 5. On the facts and circumstances of the case, whether

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)

section 143(2) and applicable board\ncirculars and instructions.\n4. As regards disallowance under Section 14A u/s Rule\n8D(2

BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), , BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

disallowance under section 14Ar.w.r. 8D(2)(iii) amounting to Rs.1,09,99,963/- to the file of the AO to be decided afresh, with similar directions as issued in its order for Assessment Year 2008-09 (supra). 2.2.2 In the set aside proceedings, the AO passed the order of assessment under section 143

BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

disallowance under section 14Ar.w.r. 8D(2)(iii) amounting to Rs.1,09,99,963/- to the file of the AO to be decided afresh, with similar directions as issued in its order for Assessment Year 2008-09 (supra). 2.2.2 In the set aside proceedings, the AO passed the order of assessment under section 143

M/S BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

disallowance under section 14Ar.w.r. 8D(2)(iii) amounting to Rs.1,09,99,963/- to the file of the AO to be decided afresh, with similar directions as issued in its order for Assessment Year 2008-09 (supra). 2.2.2 In the set aside proceedings, the AO passed the order of assessment under section 143

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED ,MANGALURU vs. ASSISTANT COMMISIONER OF INCOME TAX, CIRCLE - 2(1) , MANGALURU

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Soundararajan K.\Nita Nos.642 To 645/Bang/2024\N Assessment Years : 2017-18 To\N2020-21\Nm/S. Bharat Beedi Works\Nprivate Limited,\Ngolden Jubilee Building,\Nbharath Bagh,\Nkadri Road,\Nmangaluru – 575 002.\Npan: Aaacb9001B\Nappellant\Nassessee By\Nrevenue By\N: Shri Chythanya .K, Sr.\Nadvocate\N: Shri E. Shridhar, Cit-Dr\Ndate Of Hearing\Ndate Of Pronouncement\Norder\Nper Bench\Nthese Are The Appeals Filed By The Assessee Challenging The Orders Of\Nthe Ld.Cit(A) -2, Panaji Dated 30/01/2024 In Respect Of The A.Ys.2017-18,\N2018-19, 2019-20 & 2020-21. The Grounds Raised By The Assessee For\Neach Of The Assessment Years Are Extracted Hereunder For The Sack Of\Nconvenience.\Npage 2 Of 74\Nita Nos.642 To 645/Bang/2024\N Assessment Year 2017-18:\N“1. The Impugned Orders Of The Lower Authorities Are Not\Njustified In Law & On The Facts & Circumstances Of The\Ncase.\N2. The Impugned Assessment Proceedings & The\Nimpugned Assessment Order Under Section 143(3) Dated\N29.11.2021 Are Bad & Non-Est Since The Notice Under\Nsection 143(2) Dated 13.08.2018 Was Issued Without\Naffixing Any Signature Either Manually Or Digitally.\N3. Without Prejudice To The Above, Impugned Assessment\Nproceedings & The Impugned Assessment Order Under\Nsection 143(3) Dated 29.11.2021 Are Bad & Non-Est\Nbeing Based On The Notice Under Section 143(2) Dated\N13.08.2018 Which Is Vague, Without Of Application Of Mind\Nand Contrary To Section 143(2) & Applicable Board\Ncirculars & Instructions.\N4. As Regards Disallowance Under Section 14A U/S Rule\N8D(2)(Ii):\N4.

section 143(2) and applicable board\ncirculars and instructions.\n4. As regards disallowance under Section 14A u/s Rule\n8D(2

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

section 143(2) and applicable board\ncirculars and instructions.\n\n4. As regards disallowance under Section 14A u/s Rule\n8D(2

CANARA BANK,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE, BENGALURU

Bench: SHRI WASEEM AHMED, ACCOUNTANT MEMBER\nAND\nSHRI KESHAV DUBEY, JUDICIAL MEMBER\nITA No.210/Bang/2024\nAssessment Year: 2017-18\nM/s Canara Bank\nFM wing, Head Office,\n112, J.C. Road\nBangalore 560002\nVs.\nDCIT\nCircle-2(1)(1)\nBangalore\nPAN NO : AAACC6106G\nAPPELLANT\nRESPONDENT\nITA No.222/Bang/2024\nAssessment Year: 2017-18\nDCIT\nCircle-2(1)(1)\nBangalore\nVs.\nM/s Canara Bank\nFM wing, Head Office,\n112, J.C. Road\nBangalore 560 002\nAPPELLANT\nRESPONDENT\nITA No.1154/Bang/2023\nAsses

2 of the section 37(1) of the Act which clarifies that the\nexpenditure incurred by an assessee on the Corporate Social Responsibility shall not be\ndeemed to be an expenditure for the purpose of business or profession.\nvii. The Ld. CIT(A) has erred in law to by deleting addition of Rs.2,02,00,000/- made by the\nA.O

M/S. GARUDA SECURITY SERVICES,BANGALORE vs. ITO, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee are dismissed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1051 & 1052/Bang/2022 Assessment Year: 2018-19 & 2019-20

disallowance u/s 36(1)(va) made vide intimation issued under section 143(1) of the Act, observed as under: “2

M/S. GARUDA SECURITY SERVICES,BANGALORE vs. ITO, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee are dismissed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1051 & 1052/Bang/2022 Assessment Year: 2018-19 & 2019-20

disallowance u/s 36(1)(va) made vide intimation issued under section 143(1) of the Act, observed as under: “2

M/S. NANDI HOSPITALITY SERVICES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-3(1)(1), BANGALORE

In the result, all the three appeals filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

2 to section 36(1)(va) of the Act and Explanation 5 to section 43B of the Act which are prospective in nature and CBDT has clarified in the Explanatory Memorandum to Finance Bill, 2021 that the amendment is applicable from AY 2021-22. 3. We have heard the both the parties on admission of additional grounds. In our opinion

M/S. NANDI HOSPITALITY SERVICES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-3(1)(1), BANGALORE

In the result, all the three appeals filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

2 to section 36(1)(va) of the Act and Explanation 5 to section 43B of the Act which are prospective in nature and CBDT has clarified in the Explanatory Memorandum to Finance Bill, 2021 that the amendment is applicable from AY 2021-22. 3. We have heard the both the parties on admission of additional grounds. In our opinion

M/S. NANDI HOSPITALITY SERVICES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-3(1)(1), BANGALORE

In the result, all the three appeals filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

2 to section 36(1)(va) of the Act and Explanation 5 to section 43B of the Act which are prospective in nature and CBDT has clarified in the Explanatory Memorandum to Finance Bill, 2021 that the amendment is applicable from AY 2021-22. 3. We have heard the both the parties on admission of additional grounds. In our opinion

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

143(1) of the Act deals with prima facie adjustments made during the processing of an income tax return before assessment. The adjustments that can be made under this section include: 1. Mathematical Errors - Correction of any arithmetical or clerical errors in the return. 2. Incorrect Claims - Disallowance

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

143(3) of the Income-tax Act, 1961 [the Act]. Later assessment was reopened by making the following additions towards lower net margin profit and disallowance u/s. 36(1)(iii) of the Act in all these assessment years :- ITA Nos. 3384 to 3388/Bang/2018 Page 2 of 57 AY Lower Net Disallowance Profit Margin