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

disallowance of “building under construction” expenses—\nwere made contrary to the facts on record, showing that even the\napproving authority had not noticed the basic accounting treatment.\n\n17.7 The ld. AR relied on several judicial precedents to support his\nargument that mechanical approval under section 153D

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

disallowance of “building under construction” expenses—\nwere made contrary to the facts on record, showing that even the\napproving authority had not noticed the basic accounting treatment.\n17.7 The ld. AR relied on several judicial precedents to support his\nargument that mechanical approval under section 153D

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

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

Section 153D. 5. The search is invalid rendering resultant statements taken and consequent assessment invalid as the Authorised Officers appointed the witnesses who are not the inhabitants of the locality contrary to Rule 112(6) of the IT Rules and the search and seizure manual published by the department. 6. The Lower Authorities erred in making disallowance

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

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

disallowance under Section 14A can be made towards the interest expenditure where the Appellant's interest-free funds exceed its interest-free investments. For the above Grounds and for such other Grounds which may be allowed by the Honourable Members to be urged at the time of hearing, it is prayed that the aforesaid appeal be allowed.” Page

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Appeal of the assessee is dismissed\nas infructuous

153D of the Act.\n53.1 At the outset, we note that the issue raised by the assessee on\nmerit of the case has been decided in its favour. Accordingly, we do not\nfind any reason to adjudicate the impugned issue on hand. As such, we\nkeep the issue open. Both the Id. AR and the DR did not raise

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 153D of the Act presupposes the application of mind by the Additional Commissioner which is not discernible from the order of assessment on the facts of the case. c) The learned CIT(A) failed to appreciate that the prior approval of the Additional Commissioner could not have been obtained by the assessing officer as the assessment order was passed

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 153D of the Act presupposes the application of mind by the Additional Commissioner which is not discernible from the order of assessment on the facts of the case. c) The learned CIT(A) failed to appreciate that the prior approval of the Additional Commissioner could not have been obtained by the assessing officer as the assessment order was passed

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 153D of the Act presupposes the application of mind by the Additional Commissioner which is not discernible from the order of assessment on the facts of the case. c) The learned CIT(A) failed to appreciate that the prior approval of the Additional Commissioner could not have been obtained by the assessing officer as the assessment order was passed

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

disallowances, not based on any incriminating material found during the course of search. 2. The assessment order passed under section 153A is illegal and bad in law as it has been passed in breach of section 153D

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

disallowances, not based on any incriminating material found during the course of search. 2. The assessment order passed under section 153A is illegal and bad in law as it has been passed in breach of section 153D

M/S MSPL LIMITED,MUMBAI vs. ACIT, CENTRAL CIRCLE-2(1), BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

disallowances, not based on any incriminating material found during the course of search. 2. The assessment order passed under section 153A is illegal and bad in law as it has been passed in breach of section 153D

GOPAL S. PANDITH vs. DCIT,

In the result, all the appeals of the assessee are partly allowed

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

153D of the Act, we hold that the assessment orders impugned framed in absence of obtaining prior approval of the Joint Commissioner for the A.Ys. under consideration are invalid as null and void and are quashed accordingly.” Thus it is clear that the issue before the Tribunal in the case of Akhil Ghulamali Somji Vs. ITO (supra) was passing

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

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

disallowance under Section 14A can be made towards the interest expenditure where the Appellant's interest-free funds exceed its interest-free investments. For the above Grounds and for such other Grounds which may be allowed by the Honourable Members to be urged at the time of hearing, it is prayed that the aforesaid appeal be allowed." Page

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

153D of the act under the impugned order on the ground that: - A) the learned assessing officer has not discharged the burden of proving that there is a valid initiation of proceedings under section 153C to assume valid the jurisdiction to make an assessment under section 153C of the act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

153D of the act under the impugned order on the ground that: - A) the learned assessing officer has not discharged the burden of proving that there is a valid initiation of proceedings under section 153C to assume valid the jurisdiction to make an assessment under section 153C of the act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page

DCIT, CENTRAL CIRCLE-1(3), BAENGALURU vs. LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

153D of the act under the impugned order on the ground that: - A) the learned assessing officer has not discharged the burden of proving that there is a valid initiation of proceedings under section 153C to assume valid the jurisdiction to make an assessment under section 153C of the act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

153D of the act under the impugned order on the ground that: - A) the learned assessing officer has not discharged the burden of proving that there is a valid initiation of proceedings under section 153C to assume valid the jurisdiction to make an assessment under section 153C of the act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 153D of the Act presupposes the application of mind by the Additional Commissioner which is not discernible from the order of assessment on the facts of the case. c) The learned CIT(A) failed to appreciate that the prior approval of the Additional Commissioner could not have been obtained by the assessing officer as the assessment order was passed

DCIT, CENTRAL CIRCLE-1(3), BENGALURU vs. LATE SHRI MAHABIR PRASAD (LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

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

153D\nof the act under the impugned order on the ground that: -\nA) the learned assessing officer has not discharged the\nburden of proving that there is a valid initiation of\nproceedings under section 153C to assume valid the\njurisdiction to make an assessment under section 153C\nof the act.\nPage 24 of 40\nITA Nos.410-412-169-170-\nCO 6/Bang/2024