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

In the result, the assessee’s appeal for assessment year 2012-13 is partly allowed

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadale1. Ita Nos.1649/Bang/2017 (Assessment Year: 2012-13) 2. Ita No.730/Bang/2018 (Assessment Year: 2013-14) & 3. Ita No.731/Bang/2018 (Assessment Year; 2014-15) M/S.Mfar Developers Pvt. Ltd. No.3, Lavelle Road, Bengaluru-560 001. … Appellant Pan:Aafcm 6271 M Vs. 1-2. Assistant Commissioner Of Income-Tax, Circle 4(1)(2), Bengaluru. 3. Deputy Commissioner Of Income-Tax, Circle 4(1)(2), Bengaluru. … Respondent Appellant By : Shri K.K.Chythanya, Advocate. Respondent By : Dr. P.V.Pradeep Kumar, Addl.Cit(Dr) Date Of Hearing: 22/03/2019 Date Of Pronouncement: 24/04/2019 O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed Appeals Against Different Orders Of The Cit(A) For Assessment Years 2012-13, 2013-14 & 2014- 15. Ita Nos.1649/Bang/2017 & 730 & 731/Bang/2018 Page 2 Of 16 2. As Far As Ground No.2 In Respect Of Disallowance Of Proportionate Interest U/S 24(B) Of The Income-Tax Act,1961 ['The Act' For Short], The Assessee Has Raised Similar Grounds Of Appeal For Assessment Years 2012-13, 2013-13 & 2014-15. Similarly, For The Assessment Year 2012-13, The Assessee Has Raised An Alternative Plea To Allow Interest U/S 36(1)(Iii) Which Is Also Ground Of Appeal In Assessment Years 2013-14 & 2014-15. For The Assessment Year 2012-13, The Assessee Raised Ground For Allowance Of Deduction Towards Processing Fees & Pre-Payment Charges U/S 24(B) Of The Act. For The Assessment Year 2013-14, The Assessee Has Raised A Ground For Disallowance Of Rs.25,77,78/- Under The Provisions Of Section 14A Of The Act.

160 of the paper book and in particular at page No.147 where the details of house property was disclosed in the Schedule HP in the Income-tax Return where the assessee has disclosed interest ITA Nos.1649/Bang/2017 & 730 & 731/Bang/2018 Page 8 of 16 payable on borrowed capital in this assessment year. Further, the learned AR referred to the assessment order

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

In the result, the assessee’s appeal for assessment year 2012-13 is partly allowed

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadale1. Ita Nos.1649/Bang/2017 (Assessment Year: 2012-13) 2. Ita No.730/Bang/2018 (Assessment Year: 2013-14) & 3. Ita No.731/Bang/2018 (Assessment Year; 2014-15) M/S.Mfar Developers Pvt. Ltd. No.3, Lavelle Road, Bengaluru-560 001. … Appellant Pan:Aafcm 6271 M Vs. 1-2. Assistant Commissioner Of Income-Tax, Circle 4(1)(2), Bengaluru. 3. Deputy Commissioner Of Income-Tax, Circle 4(1)(2), Bengaluru. … Respondent Appellant By : Shri K.K.Chythanya, Advocate. Respondent By : Dr. P.V.Pradeep Kumar, Addl.Cit(Dr) Date Of Hearing: 22/03/2019 Date Of Pronouncement: 24/04/2019 O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed Appeals Against Different Orders Of The Cit(A) For Assessment Years 2012-13, 2013-14 & 2014- 15. Ita Nos.1649/Bang/2017 & 730 & 731/Bang/2018 Page 2 Of 16 2. As Far As Ground No.2 In Respect Of Disallowance Of Proportionate Interest U/S 24(B) Of The Income-Tax Act,1961 ['The Act' For Short], The Assessee Has Raised Similar Grounds Of Appeal For Assessment Years 2012-13, 2013-13 & 2014-15. Similarly, For The Assessment Year 2012-13, The Assessee Has Raised An Alternative Plea To Allow Interest U/S 36(1)(Iii) Which Is Also Ground Of Appeal In Assessment Years 2013-14 & 2014-15. For The Assessment Year 2012-13, The Assessee Raised Ground For Allowance Of Deduction Towards Processing Fees & Pre-Payment Charges U/S 24(B) Of The Act. For The Assessment Year 2013-14, The Assessee Has Raised A Ground For Disallowance Of Rs.25,77,78/- Under The Provisions Of Section 14A Of The Act.

160 of the paper book and in particular at page No.147 where the details of house property was disclosed in the Schedule HP in the Income-tax Return where the assessee has disclosed interest ITA Nos.1649/Bang/2017 & 730 & 731/Bang/2018 Page 8 of 16 payable on borrowed capital in this assessment year. Further, the learned AR referred to the assessment order

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

In the result, the assessee’s appeal for assessment year 2012-13 is partly allowed

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadale1. Ita Nos.1649/Bang/2017 (Assessment Year: 2012-13) 2. Ita No.730/Bang/2018 (Assessment Year: 2013-14) & 3. Ita No.731/Bang/2018 (Assessment Year; 2014-15) M/S.Mfar Developers Pvt. Ltd. No.3, Lavelle Road, Bengaluru-560 001. … Appellant Pan:Aafcm 6271 M Vs. 1-2. Assistant Commissioner Of Income-Tax, Circle 4(1)(2), Bengaluru. 3. Deputy Commissioner Of Income-Tax, Circle 4(1)(2), Bengaluru. … Respondent Appellant By : Shri K.K.Chythanya, Advocate. Respondent By : Dr. P.V.Pradeep Kumar, Addl.Cit(Dr) Date Of Hearing: 22/03/2019 Date Of Pronouncement: 24/04/2019 O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed Appeals Against Different Orders Of The Cit(A) For Assessment Years 2012-13, 2013-14 & 2014- 15. Ita Nos.1649/Bang/2017 & 730 & 731/Bang/2018 Page 2 Of 16 2. As Far As Ground No.2 In Respect Of Disallowance Of Proportionate Interest U/S 24(B) Of The Income-Tax Act,1961 ['The Act' For Short], The Assessee Has Raised Similar Grounds Of Appeal For Assessment Years 2012-13, 2013-13 & 2014-15. Similarly, For The Assessment Year 2012-13, The Assessee Has Raised An Alternative Plea To Allow Interest U/S 36(1)(Iii) Which Is Also Ground Of Appeal In Assessment Years 2013-14 & 2014-15. For The Assessment Year 2012-13, The Assessee Raised Ground For Allowance Of Deduction Towards Processing Fees & Pre-Payment Charges U/S 24(B) Of The Act. For The Assessment Year 2013-14, The Assessee Has Raised A Ground For Disallowance Of Rs.25,77,78/- Under The Provisions Of Section 14A Of The Act.

160 of the paper book and in particular at page No.147 where the details of house property was disclosed in the Schedule HP in the Income-tax Return where the assessee has disclosed interest ITA Nos.1649/Bang/2017 & 730 & 731/Bang/2018 Page 8 of 16 payable on borrowed capital in this assessment year. Further, the learned AR referred to the assessment order

SHRI BHATKAL RAMARAO PRAKASH ,BANGALORE vs. INCOME TAX OFFICER WARD-5(2)(3), BANGALORE

In the result, the appeal by the Assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boazassessment Year : 2015-16

section which requires that the residential house should be built in a particular manner, it seems to us that the income tax authorities cannot insist upon that requirement. A person may construct a house according to his plans, requirements and compulsions. A person may construct a residential house in such a manner that he may use the ground floor

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”. Whereas, the rental income from equipment was considered as “income from other sources” by the assessee. The A.O., however, reclassified the rental income from property as “income from other sources” and disallowed standard deduction claimed u/s 24(a) of the I.T.Act for the following two reasons, namely, (i) the assessee is not the owner of the property

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”. Whereas, the rental income from equipment was considered as “income from other sources” by the assessee. The A.O., however, reclassified the rental income from property as “income from other sources” and disallowed standard deduction claimed u/s 24(a) of the I.T.Act for the following two reasons, namely, (i) the assessee is not the owner of the property

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”. Whereas, the rental income from equipment was considered as “income from other sources” by the assessee. The A.O., however, reclassified the rental income from property as “income from other sources” and disallowed standard deduction claimed u/s 24(a) of the I.T.Act for the following two reasons, namely, (i) the assessee is not the owner of the property

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”. Whereas, the rental income from equipment was considered as “income from other sources” by the assessee. The A.O., however, reclassified the rental income from property as “income from other sources” and disallowed standard deduction claimed u/s 24(a) of the I.T.Act for the following two reasons, namely, (i) the assessee is not the owner of the property

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”. Whereas, the rental income from equipment was considered as “income from other sources” by the assessee. The A.O., however, reclassified the rental income from property as “income from other sources” and disallowed standard deduction claimed u/s 24(a) of the I.T.Act for the following two reasons, namely, (i) the assessee is not the owner of the property

KALKERE PUTTARAJU VAJRAMUNIE, ROYAL HERMITAGE, KALKERE B.O, KALKERE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4) BANGALORE, BANGALORE, KARNATAKA

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K

house property and other sources and after claiming deduction under chapter VI-A of the Act disclosed taxable income of Rs. 24,55,060/- only. 26. The AO completed the assessment under section 144 of the Act assessing the total income at Rs. 24,79,352/- without allowing deduction as claimed and raised a demand of Rs. 9,85482/- consisting

KALKERE PUTTARAJU VAJRAMUNIE, ROYAL HERMITAGE, KALKERE B.O, KALKERE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4) BANGALORE, BANGALORE, KARNATAKA

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K

house property and other sources and after claiming deduction under chapter VI-A of the Act disclosed taxable income of Rs. 24,55,060/- only. 26. The AO completed the assessment under section 144 of the Act assessing the total income at Rs. 24,79,352/- without allowing deduction as claimed and raised a demand of Rs. 9,85482/- consisting

SMT. KEMPANNA SHYLAJA,BANGALORE vs. INCOME TAX OFFICER, WARD - 6(3)(1), BANGALORE

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

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

property constructed at No.617, Hebbal, Bangalore. The assessment was completed by disallowing the exemption u/s 54F of the I.T.Act on the premises that the assessee had failed to discharge the burden placed on her with respect to the construction of residential house and has not filed any documentary evidences in support of the claim of deduction

K.V. SUBRAMANYAM vs. ITO,

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raoshri K.V.Subramaniam, No.15, Sai Smaran Apartments, 17Th Cross, 35 A Main, Jp Nagar Vi Phase, Bangalore-560078. … Appellant Pa No.Aqgps 0686 J Vs Income-Tax Officer, Ward 15(2) Bangalore. … Respondent

section 80C(5)(iii) a & b house property loss when evidence is statement of housing loan from M/s. Citybank NA produced on 30.11.2011. Such being the case, treating the same as unexplained Page 3 of 5 investment is bad in law. 3. Briefly, facts of the case are that the assessee is an individual. Return of income for the assessment

MRS.KAVITA TIWARI,BANGALORE vs. INCOME TAX OFFICER, BANGALORE

In the result, the assessee’s appeal for asst

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazmrs. Kavita Tiwari, D-202, Adarsh Residency, 8Th Block, Jayanagar, Sangam Circle, Bengaluru. . Appellant Vs. The Income-Tax Officer, Ward-4(4), Bengaluru. . Respondent Pan – Acvpt1583G. Appellant By : Shri R.E Balasubramaniam, C.A Respondent By : Shri M.K Biju, Jcit Date Of Hearing : 16-08-2017 Date Of Pronouncement : -10-2017 O R D E R

property." 7. On careful reading of section 54 as well as section 54EC on which reliance is placed makes it clear that when capital gains arise from the transfer of long term capital asset to an assessee and the assessee has within the period of one year before or two years after the date on which the transfer took place

ARUN DURAISWAMY,MYSORE, KARNATAKA vs. ITO, INTL. TAXATION WARD 1(1), BANGALORE

In the result the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

housing loan from HDFC Bank to the extent of Rs.55,00,000/-. The statement of HDFC Loan account was also submitted before the AO and as well as DRP. Further, with regard to balance of funding to the extent of Rs.14,00,000/- for the property, the assessee explained as below- 1. Rs.5,00,000/- was paid through vide

SHRI. P. KRISHNA REDDY,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(3)(1), BANGALORE

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

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

160 towards investment made in house property. The case was selected for scrutiny and the assessment was completed u/s 143(3) of the Act by the learned Assessing Officer (AO) ACIT, Circle 3(3)(1) vide order dated 31.10.2017 wherein the A.O. has disallowed the entire deduction claimed u/s 54F of the Act. 2 Sri P.Krishna Reddy 3. The assessee

SMT. K.R. GEETHA,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 6(3)(1), BENGALURU

Bench: Smt. Beena Pillai & Ms. Padmavathy S

160 of paper book dated 23.08.2022 20. With regard to the contention that the details of construction have not been submitted, the ld AR submitted before the bench the ledger copies in respect of two properties viz. Industrial Suburb, Rajajinagar and Sadashivnagar Property explaining the movement in the balances due to cost of construction. The ld AR also submitted that

SMT. K.R. GEETHA,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 6(3)(1), BENGALURU

Bench: Smt. Beena Pillai & Ms. Padmavathy S

160 of paper book dated 23.08.2022 20. With regard to the contention that the details of construction have not been submitted, the ld AR submitted before the bench the ledger copies in respect of two properties viz. Industrial Suburb, Rajajinagar and Sadashivnagar Property explaining the movement in the balances due to cost of construction. The ld AR also submitted that