SHAMBALA PROPERTIES PVT LTD,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLR-12(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09 M/S. Shambala Properties Pvt. Ltd., Acit, No.7, Rest House Road, Circle – 12(3) Vs. Bangalore – 560 001. (Presently – Dcit – 7(1)(2)), Pan No : Aahcs 1313 C Bangalore. Appellant Respondent Appellant By : Shri. B. K. Manjunath, Ca Respondent By : Shri. Elamurusu G, Jcit (Dr)(Itat) Date Of Hearing : 02.12.2020 Date Of Pronouncement : 03.12.2020

justice be rendered. Page 3 of 6 2. The assessee is owning a building and is in the business of real estate development. The assessee declared income from house property and income from other sources. The Learned Assessing officer has completed the assessment at a total income of Rs. 1,16,64,440/- as against the declared income

M/S ABHILASH SOFTWARE & DEVELOPMENT CENTRE,,BANGALORE vs. ITO, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raoassessment Year : 2005-06

justice in that the learned CIT(A) had failed to consider all the submissions of the appellant and also the citations provided by the appellant to support its claim and consequently the order is liable to be set aside. 2. On the facts the learned Commissioner (A) erred in following his predecessor order which was set aside by the Appellate

M/S. EMBASSY KNOWLEDGE INFRASTRUCTURE PROJECTS PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2(1)(2), BANGALORE

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

nature of services. It was concluded by the A.O. that the rental income has to be assessed under the head “income from house property” instead of business income as disclosed by the assessee. The A.O. further held that depreciation is not allowable since the income has to be assessed under the head “income from house property”. Further, the A.O. added

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

natural justice. 2. The NFAC committed an error in upholding disallowance of interest paid on borrowings to acquire the subject property which was sold. 3. The NFAC failed to appreciate that the deduction claimed u/s 24(b) in computing income from House

SREE SESHACHALA BUILDERS LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Rao

Justice rendered and the appellant may be awarded costs in prosecuting the appeal and also order for the refund of the institution fees as part of the costs.” 3. Though various grounds are raised in these appeals, but the sole ground involved, relate to the nature of receipt received on leasing of the immovable property. 4. The facts and briefs

SREE SESHACHALA BUILDERS LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Rao

Justice rendered and the appellant may be awarded costs in prosecuting the appeal and also order for the refund of the institution fees as part of the costs.” 3. Though various grounds are raised in these appeals, but the sole ground involved, relate to the nature of receipt received on leasing of the immovable property. 4. The facts and briefs

M/S CONSULATE CONSTRUCTIONS,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee's appeals for Assessment Years 2001-02 and 2003-04 are partly allowed for statistical purposes

natural justice and therefore both the orders of assessment ought to be cancelled. It was further contended that the receipts from lease rentals ought to have been assessed as ‘business income’ as per the assessee's claim and not as ‘income from house property

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development co. vs. DCIT, CC1(1), Bangalore (49 taxmqaann.com 98) (kar) 5. Without prejudice, the impugned additions are excessively arbitrary and unreasonable and liable to be deleted in full. 6. For these and such other grounds that may be urged at the time of hearing the appellant prays that the appeal may be allowed ITA 465/Bang/2024

MOHAMMED IBRABIM MOHIDEEN ,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development co. vs. DCIT, CC1(1), Bangalore (49 taxmqaann.com 98) (kar) 5. Without prejudice, the impugned additions are excessively arbitrary and unreasonable and liable to be deleted in full. 6. For these and such other grounds that may be urged at the time of hearing the appellant prays that the appeal may be allowed ITA 465/Bang/2024

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development co. vs. DCIT, CC1(1), Bangalore (49 taxmqaann.com 98) (kar) 5. Without prejudice, the impugned additions are excessively arbitrary and unreasonable and liable to be deleted in full. 6. For these and such other grounds that may be urged at the time of hearing the appellant prays that the appeal may be allowed ITA 465/Bang/2024

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development co. vs. DCIT, CC1(1), Bangalore (49 taxmqaann.com 98) (kar) 5. Without prejudice, the impugned additions are excessively arbitrary and unreasonable and liable to be deleted in full. 6. For these and such other grounds that may be urged at the time of hearing the appellant prays that the appeal may be allowed ITA 465/Bang/2024

BMM ISPAT LIMITED,HOSPET vs. DCIT, BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

nature.” 27.2 Department’s Submissions. (ITA No.1113/Bang/2015 A.Y. 2011- 12) “ CASH PAYMENTS MADE TO MRS AMBIKA GHORPADE AND M/S.KMIORE The Assessing Officer has adopted the reasons assigned in the order of assessment for 2008–09 in the case of the assessee. The submissions for Assessment Year 2008–09 in the case of the assessee is relied on and stated below

M/S. G CROP PRIVATE LIMITED,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri B. R. Baskaran & Smt. Beena Pillaiassessmentyear: 2014-15

house property declared by the assessee. Accordingly, the ld. D.R. submitted that there is total lack of application of mind on the part of the A.O. and hence Ld. Principal CIT has rightly invoked revision proceedings u/s 263 of the Act, since the assessment order is erroneous and prejudicial to the interest of the revenue. Accordingly, he submitted that

SHRI. G B SHIVARAJAPPA,BANGALORE vs. INCOME TAX OFFICER, WARD - 4(2)(4), BANGALORE

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

Bench: Shri George George K

natural justice, probabilities, facts and 2 Sri.G.B.Shivarajappa. circumstances of the Appellant's case. 2. The appellant denies himself liable to be assessed to a total income of Rs.32,68,390/- as against the returned income of Rs. 2,57,770/- on the facts and circumstances of the case. 3. The learned CIT(A) failed to appreciate that the appellant

CONSULATE CONSTRUCTIONS,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the assessee’s appeals for the asst

Bench: Shri Vijaypal Rao & Shri Jason P Boazita Nos.1209 & 1212/Bang/2014 (Asst. Years – 2004-05 To 2006-2007 & 2009-10) M/S Consulate Constructions, Unit No.102, Consulate I, No.1, Richmond Road, Bangalore. . Appellant Pan – Aacfc7082Q. Vs.

house property as against the business income of Rs.78,58,194/- under the facts and circumstances of the case. 4. The orders passed by the authorities below are on a wrong appreciation of the facts and against the principles of natural justice

CONSULATE CONSTRUCTIONS,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the assessee’s appeals for the asst

Bench: Shri Vijaypal Rao & Shri Jason P Boazita Nos.1209 & 1212/Bang/2014 (Asst. Years – 2004-05 To 2006-2007 & 2009-10) M/S Consulate Constructions, Unit No.102, Consulate I, No.1, Richmond Road, Bangalore. . Appellant Pan – Aacfc7082Q. Vs.

house property as against the business income of Rs.78,58,194/- under the facts and circumstances of the case. 4. The orders passed by the authorities below are on a wrong appreciation of the facts and against the principles of natural justice

M/S. PAUL RESORTS & HOTELS PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1) , BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

natural justice are not a constant: they are not absolute and rigid rules having universal ITA No.838 to 843/Bang/2023 M/s. Paul Resorts & Hotels Pvt. Ltd., Bangalore M/s. Paul Plathotathil John ITA Nos.845 to 847/Bang/2023 M/s. John Developers, Bangalore , ITA Nos.961, 962, 982 to 987 & 1012/Bang/2023 M/s. John Distilleries Pvt. Ltd., Bangalore Page 57 of 147 application. It was pointed

JOHN DEVELOPERS ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

natural justice are not a constant: they are not absolute and rigid rules having universal ITA No.838 to 843/Bang/2023 M/s. Paul Resorts & Hotels Pvt. Ltd., Bangalore M/s. Paul Plathotathil John ITA Nos.845 to 847/Bang/2023 M/s. John Developers, Bangalore , ITA Nos.961, 962, 982 to 987 & 1012/Bang/2023 M/s. John Distilleries Pvt. Ltd., Bangalore Page 57 of 147 application. It was pointed