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

MR. D K SHIVAKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Laxmi Prasad Sahu & Shri Soundarajan K

Property, Bangalore. The capital gains / income from other sources from the said sale has not been offered to tax. On the basis of the above information received from the Investigation Wing and perusal of the seized documents, the AO had reason to believe that income chargeable to tax has escaped assessment for the assessment year 2006-07 and hence

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

Bench: Shri Laxmi Prasad Sahu & Shri Soundarajan K

Property, Bangalore. The capital gains / income from other sources from the said sale has not been offered to tax. On the basis of the above information received from the Investigation Wing and perusal of the seized documents, the AO had reason to believe that income chargeable to tax has escaped assessment for the assessment year 2006-07 and hence

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

house property in the order of rectification is not in accordance with law. 8. The Assessing Officer failed to appreciate that the status of the appellant is firm and any receipts or income has to be treated as income from business as per the provisions of and circumstances of the case. 9. The order passed by the learned authorities without

VECTRA ADVANCED ENGINEERING PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

house property” being the specific head for taxation of such rental income in terms of section 22 to 27 of the I.T.Act and also based on the principles laid down in various judicial precedents. It was further contended that the rental income from partial letting out of factory building and rent from letting out of equipment are separate transactions being

M/S VECTRA ADVANCED ENGINEERING PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

house property” being the specific head for taxation of such rental income in terms of section 22 to 27 of the I.T.Act and also based on the principles laid down in various judicial precedents. It was further contended that the rental income from partial letting out of factory building and rent from letting out of equipment are separate transactions being

M/S VECTRA ADVANCED ENGINEERING PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

house property” being the specific head for taxation of such rental income in terms of section 22 to 27 of the I.T.Act and also based on the principles laid down in various judicial precedents. It was further contended that the rental income from partial letting out of factory building and rent from letting out of equipment are separate transactions being

VECTRA ADVANCED ENGINEERING PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

house property” being the specific head for taxation of such rental income in terms of section 22 to 27 of the I.T.Act and also based on the principles laid down in various judicial precedents. It was further contended that the rental income from partial letting out of factory building and rent from letting out of equipment are separate transactions being

VECTRA ADVANCED ENGINEERING PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, the appeals filed by the assessee are allowed

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

house property” being the specific head for taxation of such rental income in terms of section 22 to 27 of the I.T.Act and also based on the principles laid down in various judicial precedents. It was further contended that the rental income from partial letting out of factory building and rent from letting out of equipment are separate transactions being

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(1), BANGALORE vs. SRI MATHIKERE RAMAIAH SEETHARAM, BANGALORE

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 34 against the assessee as the karta of a HUF. Further, the High Court had not expressed its opinion on the question based upon section 25 of the 1992 Act. In the result, the order of the High Court was set aside and the appeal was remanded to the High Court for disposal in accordance with

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(1), BANGALORE vs. SRI MATHIKERE RAMAIAH SEETHARAM, BANGALORE

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 34 against the assessee as the karta of a HUF. Further, the High Court had not expressed its opinion on the question based upon section 25 of the 1992 Act. In the result, the order of the High Court was set aside and the appeal was remanded to the High Court for disposal in accordance with

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCEL-2(1), BANGALORE vs. SRI MATHIKERE RAMAIAH SEETHARAM, BANGALORE

In the result, the appeals filed by the revenue are dismissed and the COs filed by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 34 against the assessee as the karta of a HUF. Further, the High Court had not expressed its opinion on the question based upon section 25 of the 1992 Act. In the result, the order of the High Court was set aside and the appeal was remanded to the High Court for disposal in accordance with

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Development Company vs. Deputy Commissioner of Income-Tax (274 CTR 122), wherein held as under: “Section 153A starts with a non obstante clause. The fetters imposed upon, the Assessing Officer by the strict procedure to assume jurisdiction to reopen the assessment under Sections 147 and 148, have been removed by the non obstante clause with which sub section

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Development Company vs. Deputy Commissioner of Income-Tax (274 CTR 122), wherein held as under: “Section 153A starts with a non obstante clause. The fetters imposed upon, the Assessing Officer by the strict procedure to assume jurisdiction to reopen the assessment under Sections 147 and 148, have been removed by the non obstante clause with which sub section

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 2(3), BANGALURU vs. SHRI T.H SURESH BABU, BELLARY

In the result, the appeal by the revenue is dismissed

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

151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person referred to in section 153A, then the books of account or documents or assets seized or Page

THE SENATE,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals of the assessee are allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person referred to in section 153A, then the books of account or documents or assets seized or requisitioned shall be handed

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH, BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

Housing Development Company (CHDC) and Mr.P.Dayananda Pai, I found the following observations relevant for the issue on hand with regard to the appellant herein:- Page 4 of 74 - Point No.2.5 of the SC order:- The applicant(CHDC) submits in the 50F that the entries of Debit and Credit in several names appearing in the Dummy Tally do not relate

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH , BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

Housing Development Company (CHDC) and Mr.P.Dayananda Pai, I found the following observations relevant for the issue on hand with regard to the appellant herein:- Page 4 of 74 - Point No.2.5 of the SC order:- The applicant(CHDC) submits in the 50F that the entries of Debit and Credit in several names appearing in the Dummy Tally do not relate