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 40A(3) on the basis of\nunsigned post-dated vouchers.\nPage 25 of 74\nITA Nos.642 to 645/Bang/2024\n15. 17. Without prejudice to the Learned AO to appreciate\nthat even in case of any transaction disallowed under\nSection 40A(3), disallowance has to be restricted only to\nthe payment in excess of Rs.10,000/-.\n16. As regards income declared

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

section 40A(3) on the basis of\nunsigned post-dated vouchers.\nPage 25 of 74\nITA Nos. 642 to 645/Bang/2024\n15.17. Without prejudice to the Learned AO to appreciate\nthat even in case of any transaction disallowed under\nSection 40A(3), disallowance has to be restricted only to\nthe payment in excess of Rs.10,000/-.\n16. As regards income declared

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 40A(3) on the basis of\nunsigned post-dated vouchers.\nPage 25 of 74\nITA Nos.642 to 645/Bang/2024\n15. 17. Without prejudice to the Learned AO to appreciate\nthat even in case of any transaction disallowed under\nSection 40A(3), disallowance has to be restricted only to\nthe payment in excess of Rs.10,000/-.\n16. As regards income declared

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 40A(3) on the basis of\nunsigned post-dated vouchers.\n\nPage 22 of 74\nITA Nos.642 to 645/Bang/2024\n15. 17. Without prejudice to the Learned AO to appreciate\nthat even in case of any transaction disallowed under\nSection 40A(3), disallowance has to be restricted only to\nthe payment in excess of Rs.10,000/-.\n\n16. As regards

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, EXEMPTIONS, CIRCLE-1, BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

2(15) and section 13(8) are\ninapplicable and the appellant is a genuine charitable\norganization. Consequently, exemption under section 11 is\nto be allowed as claimed by the appellant.\n4. Addition / Disallowance under section 43B\n4.1 The learned AO and CIT(A) erred in making additions /\ndisallowance under section 43B in respect of slum\nimprovement cess, labour welfare fund

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, EXEMPTIONS, CIRCLE-1, , BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

2(15) and section 13(8) are\ninapplicable and the appellant is a genuine charitable\norganization. Consequently, exemption under section 11 is\nto be allowed as claimed by the appellant.\n4. Addition / Disallowance under section 43B\n4.1 The learned AO and CIT(A) erred in making additions /\ndisallowance under section 43B in respect of slum\nimprovement cess, labour welfare fund

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE-7, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 40A(2) and restricted the commission payable to Mr Mallya to the extent paid to independent directors and disallowed

M/S BANGALORE BEVERAGES PVT LIMITED ,BANGALORE vs. THE INCOME TAX OFFICER ARD-1(1)(1), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

disallowance u/s 40A(2)(b) of the Act. Section 40A(2)(b) can be invoked only to disallow interest claimed

BANGALORE BEVERAGES LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) WARD-1(1)(3), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

disallowance u/s 40A(2)(b) of the Act. Section 40A(2)(b) can be invoked only to disallow interest claimed

M/S BHUWALKA STEEL INDUSTRIES LIMITED ,BANGALORE vs. INCOME TAX OFFICER WARD-1(1)(4), BANGALORE

In the result, appeal by the assessee is allowed for statistical purposes

Bench: Shri George George K & Shri Laxmi Prasad Sahu

disallowance of expenses etc. as required under provisions of sections 40A, 80-IA, 10AA, 80A, sections where reference is made to section 80-IA, or to transactions as may be prescribed by the Board, if aggregate amount of all such domestic transactions exceeds Rupees 5 crore in a year. It is further proposed to amend the meaning of related persons

M/S. BHUWALKA STEEL INDUSTRIES LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(2), BANGALORE

In the result, appeal by the assessee is allowed for statistical purposes

Bench: Shri George George K & Shri Laxmi Prasad Sahu

disallowance of expenses etc. as required under provisions of sections 40A, 80-IA, 10AA, 80A, sections where reference is made to section 80-IA, or to transactions as may be prescribed by the Board, if aggregate amount of all such domestic transactions exceeds Rupees 5 crore in a year. It is further proposed to amend the meaning of related persons

ARJUN KESHAVA MURTHY PERIKAL,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(3)(1), BENGALURU

In the result, the appeal of the assessee is partly allowed

2,40,000 were paid to Ms. Jyothi DT\nand TDS of Rs. 24,000 was deducted, and the same was remitted to the\nGovernment on 02-05-2016. Though an incorrect statement was initially\nmade in the submission dated 30-11-2018. The error was corrected in\nthe later submission dated 13-12-2018 along with challans which were

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

2) and 142(1) of the Act were issued calling for details and assessment was concluded as ex-parte under section 144 ITA Nos.74 to 76/Bang/2022 M/s. ACE Developers, Mangaluru Page 4 of 13 r.w.s.147, vide order dated 24.12.2018. In the order of assessment, the Assessing Officer has made additions of Rs.47,33,332/- as disallowance made under section 40A

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

2) and 142(1) of the Act were issued calling for details and assessment was concluded as ex-parte under section 144 ITA Nos.74 to 76/Bang/2022 M/s. ACE Developers, Mangaluru Page 4 of 13 r.w.s.147, vide order dated 24.12.2018. In the order of assessment, the Assessing Officer has made additions of Rs.47,33,332/- as disallowance made under section 40A

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

2) and 142(1) of the Act were issued calling for details and assessment was concluded as ex-parte under section 144 ITA Nos.74 to 76/Bang/2022 M/s. ACE Developers, Mangaluru Page 4 of 13 r.w.s.147, vide order dated 24.12.2018. In the order of assessment, the Assessing Officer has made additions of Rs.47,33,332/- as disallowance made under section 40A

M/S. AMRUT DISTILLERIES PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

disallowance u/s. 40A(3) or section 40(a)(ia) was warranted. Copy of the said letter is enclosed as Annexure – 2

M/S. AMRUT DISTILLERIES PRIVATE LIMITED ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

disallowance u/s. 40A(3) or section 40(a)(ia) was warranted. Copy of the said letter is enclosed as Annexure – 2

M/S. AMRUT DISTILLERIES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

disallowance u/s. 40A(3) or section 40(a)(ia) was warranted. Copy of the said letter is enclosed as Annexure – 2