ASSISTANT COMMISSIONER OF INCOME TAX, BENGALURU vs. CMR JNANADHARA TRUST, BENGALURU

In the result, the appeal filed by the revenue is hereby dismissed

Bench: Shri George George K & Shri Waseem Ahmed

property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that Act, the said rate will not apply: to the business profits of such trusts which are otherwise chargeable to fax. In other word, where such a trust contravenes the provisions of section 13(1) (c) or (d) of the Act, the maximum

ACIT, MANGALORE vs. SRI. J. KRISHNA PALEMAR, MANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Arun Kumar Garodiaassessment Year :2011-12

house property purchased by the assessee as per the purchase deed is not a residential property. (8) Based on the facts and circumstances of the case, the Ld.CIT(A) ought to have appreciated that the use of residential property for any other purpose does not make the property as non residential. Hence the proviso to section 54F is clearly

SHRI. KOLA VENKAT RAMA NAIDU,BANGALORE vs. THE COMMISSIONER OF INCOME TAX (APPEALS) - 6, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

house property and other sources filed return of income electronically for the assessment year 2010-11 on 13.10.2010 declaring income of Rs.54,34,810/-. A survey u/s 133A of the Income-tax Act,1961 ['the Act' for short] was conducted on 2.3.2015 at the business premises of the assessee. During the survey, the assessee was asked to explain the present

M/S CESSNA GARDEN DEVELOPERS PVT.LTD,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Lalit Kumarassessment Year : 2010-11

section 37 commission paid : 29421834 Depreciation as per Profit and Loss Account : 140067258 TOTAL ADDITIONS U/s. 28 to 44DA 169489092 Expenses considered under other head / Exp related to Exempt income Exp. Considered under other head-Interest : 278952800 Exp. Considered under other head-Property Tax : 133907498 Total Expenses considered under other Head/ 412860298 Exp Related to Exempt Income TOTAL ADDITION

DEV KUMAR ROY ,BANGALORE vs. INCOME TAX OFFICER WARD-3(1)(1), BANGALORE

In the result, appeal of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Jason P Boazassessment Year : 2012-13

10. The learned CIT(A) has erred, in law and on facts, by arbitrarily attributing motives to the transaction of gift on mere presumptions by stating that the Appellant considered the transaction as a 'gift' with the intention to avail the benefit of section 54F of the Act, without appreciating the contemporaneous documents filed in respect of the transactions undertaken

M/S PRESTIGE ESTATES PROJECTS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-18(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri N.V.Vasudevan, Vp & Shri Chandra Poojari, Am

section 53A of the Transfer of Property Act. This agreement cannot, therefore, be said to be in the nature of a contract referred to in section 53A of the Transfer of Property Act. It cannot, therefore, be said that the provisions of section 2(47)(v) will apply in the situation before us. Considering the facts and circumstances

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S.EAGLETON PROPERTY HOLDINGS CIRCLE, BANGALORE

In the result, the appeal of the Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2010-11 The Assistant Commissioner Of Vs. M/S. Eagleton Property Holdings, Income Tax #4, Model House Street, Circle -7(2)(1), Basavanagudi, Bangalore. Bangalore – 560 004. Pan : Aabfe 9867 C Appellant Respondent Appellant By : Shri. Arun Kumar, Cit(Dr)(Itat), Bengaluru Respondent By : None Date Of Hearing : 7.1.2021 Date Of Pronouncement : 7.1.2021 O R D E R Per N.V. Vasudevan

property, take measurements of the residential units constructed in this project and furnish a report. The D.V.O, after inspecting the approval of the local authorities, taking measurements of few sample residential units submitted a report in which he gave measurements of builtup area of seven residential units. Out of these seven units, the built up area of five residential units

MR. ARUNKUMAR NATHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(3)(1), BANGALORE

In the result, the appeal of the assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

property must have been really and substantially purchased or constructed by the assessee for the immediate purpose of his own residence.” Thus in case where a residential house is purchased not for the end purpose of assessee's own residential house but only as an investment or earning income then the benefit of the provision under Section 54/54F would

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

10. Aggrieved, the assessee has now filed appeal before the Tribunal . It was submitted by ld. Counsel for the assessee that there is no double deduction as both the deductions operate on different field as interest on housing loan is allowed as deduction under section 24(b) , while interest paid on the housing loan is added to cost of acquisition

M/S K.BABU (HUF) ,BANGALORE vs. THE INCOME TAX OFFICER WARD-7(2)(3), BANGALORE

In the result, appeal of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2010-11 Shri. K. Babu (Huf), Vs. The Income Tax Officer, No.57/2, Dollars Colony, Ward – 7(2)(3), 1St Cross, 2Nd Main, 4Th Phase, Bengaluru. J P Nagar, Bengaluru – 560 078. Pan: Aaggk 0809 G Appellant Respondent Appellant By : Shri. V. Narendra Sharma, Advocate Respondent By : Shri. Kannan Narayanan, Jt.Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 19.11.2020 Date Of Pronouncement : 19.11.2020 O R D E R Per N.V. Vasudevan

property is used for residence. The four residential flats cannot be construed as four residential houses for the purpose of Section 54. It has to be construed only as "a residential house" and the assessee is entitled to the benefit accordingly. 13. In that view of the matter, the Tribunal as well as the appellate authority were justified in holding

SRI. GANGA POORNA PRASAD,MYSURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), MYSURU

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

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2009-10 Sri Ganga Poorna Prasad, Vs. The Assistant Commissioner Of #718, Ii Main, 1St Cross, 1St Block, Income Tax, Ramakrishnagar, Circle-2(1), Mysuru – 570 026. Mysuru. Pan : Aiqpp 5131 K Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Shri. Sankar Ganesh, Jcit(Dr)(Itat), Bengaluru

house property in respect of 2 properties out of which one is the property at Vishnuvardhan Road, Mysuru. If the property at Vishnuvardhan Road, Mysuru, is regarded as the property belonging to HUF, then the assessee would not be hit by the condition laid down in the proviso to section 54F(1) of the Act. The AO thereafter proceeded

M/S. SILICON ESTATES,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

In the result, the appeal fails and is hereby dismissed

Bench: Shri Chandra Poojari & Ms. Madhumita Royassessment Year : 2013-14 M/S. Silicon Estates, The Deputy # 14, 6Th Floor, Commissioner Of Geneva House, Income Tax, Cunningham Road, Central Circle Bengaluru – 560 001. 1(4), Vs. Pan: Abefs6150N Bengaluru. Appellant Respondent Assessee By : Shri Tata Krishna, Advocate Revenue By : Shri D.K. Mishra, Cit Dr Date Of Hearing : 11-09-2023 Date Of Pronouncement : 04-12-2023 Order Per Madhumita Roythe Instant Appeal Filed By The Assessee Is Directed Against The Order Dated 24.11.2020 Passed By The Ld.Cit(A)-11, Bangalore Arising Out Of The Order Dated 30.12.2015 Passed By The Ld.Dcit, Central Circle – 1(4), Bangalore U/S. 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For A.Y. 2013-14 Whereby & Whereunder The Rejection Of The Claim U/S. 80Ib(10) Of Rs.4,03,40,492/- For A.Y. 2013-14 Has Been Confirmed.

housing project is to be allotted to any person, not being an individual. 4) Not more than one residential unit is to be allotted to an individual including in the names of the spouse or minor children of such individual. 6. While dealing with the matter, the Ld.AO considered the following aspects: i. The assessee submitted the completion certificate, partial

KANTILAL JAIN,BANGALORE vs. INCOME TAX OFFICER, WARD-3(3)(1), BANGALORE

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

Bench: Shri Chandra Poojariassessment Year: 2017-18

10,00,000, thereby offering an excess income of Rs. 62,750 [4,78,000 — 4,15,250]; and d) the entry appearing under section 194DA in Form 26AS is not conclusive. 2.4. The learned CIT(A), NFAC has erred in not appreciating that a) the appellant had relied upon the amendment to section 194DA made by the Finance (No.2

YASH VARDHAN ARYA,BANGALORE vs. THE INCOME TAX OFFICER, (INTERNATIONAL TAXATION) WARD-1(1), BANGALORE

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

Bench: Shri George George K

10, Mumbai (supra), has held as under: "It was the case of the revenue that clause (c) of section 23 (1) can only be invoked in those cases where the property was let out in earlier years or in the present year. The assessee, on the other hand, contended that the intention of letting out the property

M/S. VIJAYANAGAR EDUCATIONAL TRUST,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), BENGALURU

In the result appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2019-20

10 of 37 ITA No.2006 /Bang/2019 Page 11 of 37 ITA No.2006 /Bang/2019 Page 12 of 37 ITA No.2006 /Bang/2019 Page 13 of 37 07. The ld. CIT (E) issued a show cause notice on 6.6.2019 which was replied to. After considering the reply, the ld. CIT(E) in para 6 cancelled the registration of the assessee trust granted

S.M. CHANDRASHEKAR,BANGALORE vs. ITO, BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao

13] Now the question arose as to what would be the correct and workable interpretation of the words 'property is let' in clause (c) of section 23 (1). For this, it is to be determined as to whether actual letting out is a must for a property to fall within the purview of clause (c) of section 23(1). [Para

M/S MANTRI DEVELOPERS PVT LTD ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, this appeal of the assessee is allowed in the terms indicated above

Bench: Shri A. K. Garodia & Smt. Beena Pillaiassessment Year : 2014 – 15 M/S Mantri Developers Private Limited, #41, Mantri House, Dcit Circle – 4 (1) (2), Vittal Malya Road, Vs. Bengaluru Bangalore – 560001 Pan : Aaacg4009N Appellant Respondent Assessee By : Shree V. Srinivasan, Advocate Revenue By : Shree Muzaffar Hussain, Cit Dr Date Of Hearing : 09.09.2020 Date Of Pronouncement : 27.10.2020 O R D E R Per Arun Kumar Garodia, A. M.: This Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Learned Cit (A) – 4 Bengaluru Dated 30.11.2017. 2. The Grounds Raised By The Assessee Are As Under:-

10. As per these provisions, even if the building is not actually let out and the assessee is not occupying the same for the purpose of business, Annual Value of the building is to be estimated at the sum for which the property might reasonably be expected to let from year to year and it is brought to tax. Hence

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

section 27(iiib) of the Act. On the other hand, under certain circumstances, where the income may have been derived from letting out of the premises, it can still be treated as business income if letting out of the premises itself is the business of the assessee. What is the test which has to be applied to determine whether

M/S CESSNA GARDEN DEVELOPERS PVT LTD ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(1)(1), BANGALORE

Bench: Shri N.V. Vasudevan & Shri Pradip Kumar Kedia

section as per true nature and character of income and not merely on the basis of classification given by the assessee. ITA No. 202 & 203/Bang/2019 Page 7 of 10 7. Having regard to the Circular and judicial precedents referred to and relied upon, it is manifest that the eligibility of deduction u/s. 80IAB is governed by the true character