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

7 of 22 3.3 Assessment Year 2010-11 General:- The order passed by the learned CIT(A) to the extent 1. prejudicial to the appellant is bad in law and liable to be quashed. Disallowance under section 14A:- The learned CIT(A) has erred in 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

disallowance of claims/deduction claimed by\nthe assessee.\nPage 5 of 40\nSl.\nNo.\nNature of additions/disallowances\nAmount in Rs.\n1.\nDisallowance of Bad debts written off u/s 38(1)(vii)\n4745,39,23,677\n2.\nDisallowance of Expenditure towards CSR\n28,30,03,864\n3.\nDisallowance of Trust Expenses\n3,05,59,246\n4.\nExcess Claim of Depreciation

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)

disallowance of\nRs.9,16,249/- under Section 14A in the original and\nbelated returns, they blindly taxed the non-existent income\nreflected in the revised returns filed for the AYs 2019-20\nand 2020-21 and the belated return filed for AY 2019-20.\n8.7.\nWithout prejudice, the Lower Authorities have\nfailed to appreciate that as per Rule 8D(2

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

disallowance of\nRs.9,16,249/- under Section 14A in the original and\nbelated returns, they blindly taxed the non-existent income\nreflected in the revised returns filed for the AYs 2019-20\nand 2020-21 and the belated return filed for AY 2019-20.\n8.7.\nWithout prejudice, the Lower Authorities have\nfailed to appreciate that as per Rule 8D(2

THE KARNATAKA STATE COOPERATIVE AGRICULTURE AND DEVELOPMENT BANK LIMITED ,BANGLAORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2022-23

7. On a consideration of the rival submissions, we are of the view that for the reasons stated hereinafter, the question of law that arises for consideration before us must be answered against the Revenue and in favour of the assessee. The permissible deduction that is envisaged under Section 80P(2) of the I.T. Act for a Co-operative Society

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. 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.

disallowance of\nRs.11,81,121/- under Section 14A in the return, they\nblindly taxed the non-existent income reflected in the\nrevised returns filed for the AYs 2019-20 and 2020-21 and\nthe belated return filed for AY 2019-20.\n4. 7. Without prejudice, the Lower Authorities have\nfailed to appreciate that as per Rule 8D(2

M/S KBD SUGARS & DISTILLERIES LTD. vs. ACIT,

In the result, the appeals of the assessee for the Assessment Years 2008-

7. On the other hand, learned Departmental Representative has submitted that during the course of assessment proceedings, the Assessing Officer has asked the assessee to file the details regarding the expenditure to be disallowed under Section 14A. The assessee has not furnished any details and even the assessee has not made suo moto disallowance under Section 14A. Therefore the Assessing

INCOMETAX OFFICER, WARD 1, UDUPI, UDUPI vs. BRAHMAVARA VYAVASAYA SEVA, BRAHMAVARA

In the result, the appeals filed by Revenue are allowed and the COs\nfiled by the assessee are allowed for statistical purposes

disallowance under\nsection 80P(2)(d) of the Act.\n5.\nAs regards the Assessment Years 2018-19 and 2020-21, the AO\nnoticed that the assessee had claimed deduction under section 80P(2)(a)(i)\nof the Act for the interest income earned from investments with co-\noperative banks. The AO was of the view that the aforesaid interest income

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK ,BENGALURU vs. INCOME-TAX OFFICE, WARD-5(2)(1), BENGALURU

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed\nunder section 80P(2)(a)(i) in the pending appeals has been\nchallenged by the assessee for the years under consideration in\nfollowing grounds:\nPage 14 of 48\nITA Nos. 1052 to 1060/Bang/2023\nAppeal No.\n Assessment Year Ground Number\nITA No. 1052/Bang/2023\n2012-13\n2, 5, 6\nITA No. 1054/Bang/2023\n2013-14\n3, 6, 7

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1) , BANGALORE

disallowed\nunder section 80P(2)(a)(i) in the pending appeals has been\nchallenged by the assessee for the years under consideration in\nfollowing grounds:\nPage 14 of 48\nITA Nos. 1052 to 1060/Bang/2023\nAppeal No.\n Assessment Year Ground Number\nITA No. 1052/Bang/2023\n2012-13\n2, 5, 6\nITA No. 1054/Bang/2023\n2013-14\n3, 6, 7

INCOME TAX OFFICER, WARD 1, UDUPI, UDUPI vs. BRAHMAVARA VYAVASAYA SEVA, BRAHMAVARA

In the result, the appeals filed by Revenue are allowed and the COs\nfiled by the assessee are allowed for statistical purposes

disallowance under\nsection 80P(2)(d) of the Act.\n5. As regards the Assessment Years 2018-19 and 2020-21, the AO\nnoticed that the assessee had claimed deduction under section 80P(2)(a)(i)\nof the Act for the interest income earned from investments with co-\noperative banks. The AO was of the view that the aforesaid interest income

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed\nunder section 80P(2)(a)(i) in the pending appeals has been\nchallenged by the assessee for the years under consideration in\nfollowing grounds:\nPage 14 of 48\nITA Nos. 1052 to 1060/Bang/2023\nAppeal No.\n Assessment Year Ground Number\nITA No. 1052/Bang/2023\n2012-13\n2, 5, 6\nITA No. 1054/Bang/2023\n2013-14\n3, 6, 7

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

7\nV.\nOptimal Media\nSolutions Ltd.\nThe case law citied by the\nAssesse, The Head Note\nwhich reads below Section\n14A of the Income-tax Act,\n1961, read with rule 8D of\nthe Income-tax Rules,\n1962 - Expenditure incurred\nin relation to income not\nincludible in total income\n(Quantum of disallowance) -\n Assessment year 2009-10 -\nAssessing Officer made

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed\nunder section 80P(2)(a)(i) in the pending appeals has been\nchallenged by the assessee for the years under consideration in\nfollowing grounds:\nPage 14 of 48\nITA Nos. 1052 to 1060/Bang/2023\nAppeal No.\n Assessment Year\nGround Number\nITA No. 1052/Bang/2023\n2012-13\n2, 5, 6\nITA No. 1054/Bang/2023\n2013-14\n3, 6, 7

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD- 5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed\nunder section 80P(2)(a)(i) in the pending appeals has been\nchallenged by the assessee for the years under consideration in\nfollowing grounds:\nPage 14 of 48\nITA Nos. 1052 to 1060/Bang/2023\nAppeal No.\n Assessment Year Ground Number\nITA No. 1052/Bang/2023\n2012-13\n2, 5, 6\nITA No. 1054/Bang/2023\n2013-14\n3, 6, 7

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. THE INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed\nunder section 80P(2)(a)(i) in the pending appeals has been\nchallenged by the assessee for the years under consideration in\nfollowing grounds:\nPage 14 of 48\nITA Nos. 1052 to 1060/Bang/2023\nAppeal No.\n Assessment Year Ground Number\nITA No. 1052/Bang/2023\n2012-13\n2, 5, 6\nITA No. 1054/Bang/2023\n2013-14\n3, 6, 7

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed\nunder section 80P(2)(a)(i) in the pending appeals has been\nchallenged by the assessee for the years under consideration in\nfollowing grounds:\n\nPage 14 of 48\n\nITA Nos. 1052 to 1060/Bang/2023\n\nAppeal No.\n\n Assessment Year\n\nGround Number\n\nITA No. 1052/Bang/2023\n2012-13\n2, 5, 6\n\nITA No. 1054/Bang/2023\n2013