M/S TATA ADVANCED MATERIALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE

In the result, the ITA No

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

Properties Pvt. Ltd. 240 Taxmann 659, it was held that reasons recorded by the Assessing Officer, no where the A.O. states that there was failure on the part of assessee to disclose fully and truly all material facts during the assessment year under consideration. It is for the Assessing Officer to apply his mind through mentioning reasons

THE HAMLET,BANGALORE vs. THE INCOME-TAX OFFICER-WARD-6(2)(4), BANGALORE

In the result, the appeal filed by the assessee stands partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2012-13 M/S. The Hamlet, No. 11, Kemwell House, The Income Tax Tumkur Road, Officer, Yeshwanthpur, Ward – 6(2)(4), Bangalore – 560 022. Bangalore. Vs. Pan: Aaaft6690D Appellant Respondent Assessee By : Shri H.N. Kincha, Ca : Shri D.K. Mishra, Cit - Revenue By Dr Date Of Hearing : 24-08-2023 Date Of Pronouncement : 16-11-2023 Order Per Beena Pillaipresent Appeal Arises Out Of The Order Dated 27.12.2022 Passed By The Nfac, Delhi For A.Y. 2012-13 On Following Grounds Of Appeal: “1. The Learned Commissioner Of Income Tax (Appeals) Has Erred In Passing The Appellate Order In The Manner Passed. The Appellate Order As Passed Is Bad In Law & Is Liable To Be Quashed. 2. In Any Case, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Confirming The Assessment Order Passed By The Learned Assessing Officer. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals) Should Have Quashed, The Order Passed By Assessing Officer Or Atleast Should Have Deleted The Additions Made By The Assessing Officer.

House, The Income Tax Tumkur Road, Officer, Yeshwanthpur, Ward – 6(2)(4), Bangalore – 560 022. Bangalore. Vs. PAN: AAAFT6690D APPELLANT RESPONDENT Assessee by : Shri H.N. Kincha, CA : Shri D.K. Mishra, CIT - Revenue by DR Date of Hearing : 24-08-2023 Date of Pronouncement : 16-11-2023 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal arises out of the order dated

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka High Court in the case of Sri S.M. Kamal Pasha in ITA No.155 of 2017 dated 2.8.2022, wherein it was held as under:- “8. The Authority in Canara Housing relied upon by the ITAT has bee considered by this Court in Commissioner of Income-Tax, Bengaluru

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka High Court in the case of Sri S.M. Kamal Pasha in ITA No.155 of 2017 dated 2.8.2022, wherein it was held as under:- “8. The Authority in Canara Housing relied upon by the ITAT has bee considered by this Court in Commissioner of Income-Tax, Bengaluru

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka High Court in the case of Sri S.M. Kamal Pasha in ITA No.155 of 2017 dated 2.8.2022, wherein it was held as under:- “8. The Authority in Canara Housing relied upon by the ITAT has bee considered by this Court in Commissioner of Income-Tax, Bengaluru

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka High Court in the case of Sri S.M. Kamal Pasha in ITA No.155 of 2017 dated 2.8.2022, wherein it was held as under:- “8. The Authority in Canara Housing relied upon by the ITAT has bee considered by this Court in Commissioner of Income-Tax, Bengaluru

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka High Court in the case of Sri S.M. Kamal Pasha in ITA No.155 of 2017 dated 2.8.2022, wherein it was held as under:- “8. The Authority in Canara Housing relied upon by the ITAT has bee considered by this Court in Commissioner of Income-Tax, Bengaluru

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka High Court in the case of Sri S.M. Kamal Pasha in ITA No.155 of 2017 dated 2.8.2022, wherein it was held as under:- “8. The Authority in Canara Housing relied upon by the ITAT has bee considered by this Court in Commissioner of Income-Tax, Bengaluru

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(2)(1), BANGALORE vs. M/S. N G BALU REDDY HUF, BANGALORE

In the result, the appeal of the Revenue is allowed

Bench: Shri Chandra Poojari & Shri George George Kassessment Year : 2009-10

house property and income from other sources. The ld. AO has been entrusted a work of enquiry in respect of joint development agreement entered by the assesses coming under the jurisdiction of Range-7, Bangalore. During the course of enquiry proceedings, it is found that the assessee has entered into joint development agreement (JDA) dated 12.05.2004 with M/s.SJR Builders, No.49

M/S MARMON FOOD & BEVERAGE TECHNOLOGIES INDIA PVT LTD ,BANGALORE vs. INCOME TAX OFFICER WARD-11(2), BANGALORE

In the result, appeal of the assessee in ITA No

Bench: Shri Sunil Kumar Yadav

Housing & Construction Ltd. v. DCIT, 348 ITR 335 (Bom), wherein it was observed as follows:- "The power of the Assessing Officer to reopen beyond a period of four years is even more restricted than when the reopening takes place within a period of four years of the end of the relevant assessment year. In the case of the assessee

M/S MARMON FOOD & BEVERAGE TECHNOLOGIES INDIA PVT LTD ,BANGALORE vs. THE INCOME TAX OFFICER WARD-11(2), BANGALORE

In the result, appeal of the assessee in ITA No

Bench: Shri Sunil Kumar Yadav

Housing & Construction Ltd. v. DCIT, 348 ITR 335 (Bom), wherein it was observed as follows:- "The power of the Assessing Officer to reopen beyond a period of four years is even more restricted than when the reopening takes place within a period of four years of the end of the relevant assessment year. In the case of the assessee

DCIT, BANGALORE vs. SHRI. JAGADISH N HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

house at Coonoor 'Rs.43,57,400). h) In respect of payments made by Gokuldas Images to Personality Limited, the corresponding voucher entries / bank statements of M/s. GIPL. i) Copy of General Ledger Report from 1.4.2005 to 31.3.2006 under the head " General Ledger -Loans to Directors" in the group name "Loans and advances" as appearing in the books of M/s. Gokaldas

DCIT, BANGALORE vs. SHRI. SUMIR J HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

house at Coonoor 'Rs.43,57,400). h) In respect of payments made by Gokuldas Images to Personality Limited, the corresponding voucher entries / bank statements of M/s. GIPL. i) Copy of General Ledger Report from 1.4.2005 to 31.3.2006 under the head " General Ledger -Loans to Directors" in the group name "Loans and advances" as appearing in the books of M/s. Gokaldas

SRI. NARAYANARAO M. MORE,,BIDAR vs. ITO, BIDAR

The appeal is dismissed

Bench: Shri Vijay Pal Rao

reopened these five assessment years of the assessee. It is clear from the reasons recorded by the Assessing Officer that apart from report of the DVO, there is no other material or corroborative residential house during all these assessment years. It is pertinent to note that the Assessing Officer has presumed the investment of each year based

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Development Company Vs. DCIT (274 CTR 122)(Kar), wherein it was held that ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 24 of 89 once the assessment is validly reopened, AO has to take into account all the 3 types of income to complete the assessment or reassessment, as the case may be. The 3 types of income

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Development Company Vs. DCIT (274 CTR 122)(Kar), wherein it was held that ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 24 of 89 once the assessment is validly reopened, AO has to take into account all the 3 types of income to complete the assessment or reassessment, as the case may be. The 3 types of income

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Development Company Vs. DCIT (274 CTR 122)(Kar), wherein it was held that ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 24 of 89 once the assessment is validly reopened, AO has to take into account all the 3 types of income to complete the assessment or reassessment, as the case may be. The 3 types of income

K. G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Development Company Vs. DCIT (274 CTR 122)(Kar), wherein it was held that ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 24 of 89 once the assessment is validly reopened, AO has to take into account all the 3 types of income to complete the assessment or reassessment, as the case may be. The 3 types of income