CHIGURUVADA DILEEPKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-3(3)(1), BENGALURU

In the result, the appeal filed by assessee in ITA No

Bench: Smt Beena Pillai & Shri Laxmi Prasad Sahu

section 270A of the act is bad in law. 3.6 The Ld.AO observed that addition was made in the assessment order by disallowing the deduction u/s. 80E and the claim u/s. 10

CHIGURUVADA DILEEP KUMAR ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(3)(1) , BANGALORE

In the result, the appeal filed by assessee in ITA No

Bench: Smt Beena Pillai & Shri Laxmi Prasad Sahu

section 270A of the act is bad in law. 3.6 The Ld.AO observed that addition was made in the assessment order by disallowing the deduction u/s. 80E and the claim u/s. 10

IIFL SAMASTA FINANCE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

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

10)The tax payable in respect of the under-reported income shall be—\n(a)where no return of income has been furnished or where return has been\nfurnished for the first time under section 148 and the income has been assessed for\nthe first time, the amount of tax calculated on the under-reported income as\nincreased

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

disallowance under Section 14A can be made\ntowards the interest expenditure where the Appellant's\ninterest-free funds exceed its interest-free investments.\nFor the above Grounds and for such other Grounds which\nmay be allowed by the Honourable Members to be urged\nat the time of hearing, it is prayed that the aforesaid\nappeal be allowed.”\n Assessment Year

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)

10. The Lower Authorities have failed to appreciate\nthat no disallowance under Section 14A can be made\ntowards the interest expenditure where the Appellant's\ninterest-free funds exceed its interest-free investments.\nFor the above Grounds and for such other Grounds which\nmay be allowed by the Honourable Members to be urged\nat the time of hearing

DEPUTY COMMISSIONER OF INCOME TAX, (EXEMPTIONS), CIRCLE-1, BENGALURU vs. RASHTROTTHANA PARISHAT, BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year: 2017=18

270A of the Act with regard to disallowances made towards the claim of depreciation on the ground that the revenue expenditure claimed as application of income includes the depreciation claim and the depreciation claim is in contravention of section 11(6) of the Act as the assessee has also claimed the capital expenditure as application of income which according

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.

10. The Lower Authorities have failed to appreciate\nthat no disallowance under Section 14A can be made\ntowards the interest expenditure where the Appellant's\ninterest-free funds exceed its interest-free investments.\nFor the above Grounds and for such other Grounds which\nmay be allowed by the Honourable Members to be urged\nat the time of hearing

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

10. Without prejudice, the Learned AO could have\nmade addition of income only to the extent of alleged\ninflation of Rs.1,97,021/- made by Mr. Ashok Shenoy,\nmanager of M/s. Shenoy & Co.\n\n15. As regards disallowance under Section 14A\nr/w Rule 8D(2)(iii):\n\n15. 1. The Lower Authorities have failed to appreciate\nthat the Learned

M/S. WINDSOR GARDENS PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(2), BANGALORE

In the result, appeal of the assessee is allowed

Bench: George George K. & Shri Laxmi Prasad Sahuassessment Year : 2017-18

disallowances under section 14A of the Act. This by no stretch of imagination can be held to be 'misreporting'. 8. This Court also finds that there is not even a whisper as to which limb of section 270A of the Act is attracted and how the ingredient of sub-section (9) of section 270A is satisfied. In the absence

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3),, BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 11. The Ld. AR before us submitted that the penalty order passed under section 271(1)(c) of the Act is bad in law since no satisfaction, as mandated by law, was recorded in the assessment order passed under section 153C

RAGHURAM ENTERPRISES ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 11. The Ld. AR before us submitted that the penalty order passed under section 271(1)(c) of the Act is bad in law since no satisfaction, as mandated by law, was recorded in the assessment order passed under section 153C

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 11. The Ld. AR before us submitted that the penalty order passed under section 271(1)(c) of the Act is bad in law since no satisfaction, as mandated by law, was recorded in the assessment order passed under section 153C

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 11. The Ld. AR before us submitted that the penalty order passed under section 271(1)(c) of the Act is bad in law since no satisfaction, as mandated by law, was recorded in the assessment order passed under section 153C

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 11. The Ld. AR before us submitted that the penalty order passed under section 271(1)(c) of the Act is bad in law since no satisfaction, as mandated by law, was recorded in the assessment order passed under section 153C

RAGHURAM ENTERPRISES ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

10. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 11. The Ld. AR before us submitted that the penalty order passed under section 271(1)(c) of the Act is bad in law since no satisfaction, as mandated by law, was recorded in the assessment order passed under section 153C

IBM INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

In the result, appeal by the assessee stands allowed as indicated hereinabove

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 289/Bang/2021 Assessment Year : 2015-16 M/S. Ibm India Pvt. Ltd., The Deputy No. 12, Subramanya Commissioner Of Arcade, Income-Tax, Bannerghatta Road, Circle 3 (1)(1), Bangalore – 560 029. Vs. Bangalore. Pan: Aaaci4403L Appellant Respondent Assessee By : Shri Ajay Roti, Ca Revenue By : Shri Pradeep Kumar, Cit Dr Date Of Hearing : 12-01-2022 Date Of Pronouncement : 14-02-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Final Assessment Order Dated 30.04.2021 U/S. 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Act Passed By The National Faceless Assessment Centre, Delhi Relating To Assessment Year 2015-16 On Following Grounds Of Appeal: “The Grounds Stated Hereunder Are Independent Of & Without Prejudice To One Another. The Appellant Submits As Under: 1. Assessment Order Bad In Law 1.1. At The Outset, M/S Ibm India Private Limited (Hereinafter Referred To As 'The Appellant' Or 'The Company') Prays That The Order Dated April 30. 2021

disallowing the said expense without giving cognizance to the facts of the Appellant and the various judicial precedents relied on by the Appellant. 7.4. The Hon'ble DRP has erred on facts and in law in holding that ESOP/ Employee Share Based Plan (`ESBP') expense does not satisfy conditions of section

M/S. VISTAAR FINANCIAL SERVICES PVT LTD., ,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -7(1)(1), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2020-21

disallowance let alone under-reporting or misreporting. M/s. Vistaar Financial Services Pvt. Ltd., Bangalore 13.3. Without prejudice to the above, the Learned CIT(A) has failed to appreciate the case of denial of deduction claimed under section 80G does not fall within the scope of section 270A (8) r.w.s. 270A(9)(e) of the IT Act. 6.1 The assessee

NORTHERN OPERATING SERVICES PRIVATE LIMITED,ARGON SOUTH TOWER vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5 (1)(1), BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2020-21 M/S. Northern Operating Services Pvt. Ltd., Vs. Dcit, 2Nd Floor Rmz Ecopace, Circle – 5(1)(1), Campus 1C, Bengaluru. Sarjapur Outer Ring Road, Bellandur, Bengaluru – 560 103. Pan : Aaccn 1652 J Appellant Respondent Assessee By : Ms. Divya Motwani, Ca. Revenue By : Shri. D. K. Mishra, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 26.09.2024 Date Of Pronouncement : 27.09.2024

270A were also proposed to be initiated on this issue for under reporting of income which is in consequence of misreporting thereof.” 10. Disallowance under section

MR. SRIDHAR MURTHY S,BENGALURU vs. INCOME-TAX OFFICER, NFAC, DELHI, BENGALURU

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

Bench: Shri George George K. & Ms. Padmavathy S.Shri Sridhar Murthy S Vs The Income Tax Officer Karle Zenith, 100 Ft Kemapura Nfac, Delhi Main Road, Kasaba Holbli Nagavara Village Bengaluru 560043 Pan – Awzps8682D (Appellant) (Respondent) Assessee By: Shri N. Rama Raju, Ca Revenue By: Shri Gudimella Vp Pavan Kumar, Jcit Date Of Hearing: 27.02.2023 Date Of Pronouncement: 28.02.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against Nfac, Delhi/Cit(A)’S Order Dated 28.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2018-19. 2. The Grounds Raised By The Assessee Read As Follows: - “1. The Order Of The Learned Cit(A) , Is Opposed To Law, Weight Of Evidence, Natural Justice, Probabilities On Facts & Circumstances Of Case. 2. The Appellant Denies Itself Liable To Be Levy Of Penalty Of Rs.2,19,796/- Under The Provisions Of Section 270A Of The Act Under The Facts & Circumstances Of The Case.

10 are dismissed.” 5. Aggrieved by the order of the CIT(A) confirming the imposition of penalty the assessee has filed the present appeal before the Tribunal. The assessee has filed a paper book consisting of 182 pages, inter alia, enclosing therein copies of the computation of income filed for AY 2018-19, the revised computation of income, filed