KARNATAKA HOUSING BOARD vs. ADDL.DIT,

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Karnataka Housing The Additional Board, Director Of Income Iii Floor, Cauvery Bhavan, Tax (Exemptions), Kempegowda Road, Range – 17, Bangalore – 560009. Vs. Bangalore. Pan: Aaajk0398K Appellant Respondent & Assessment Year : 2010-11 M/S. Karnataka Housing The Additional Board, Director Of Income Iii Floor, Cauvery Bhavan, Tax (Exemptions), Kempegowda Road, Range – 17, Bangalore – 560009. Vs. Bangalore. Pan: Aaajk0398K Appellant Respondent

property by the Board is subject to the rules made by the State Government under the KHB Act [section 38]. 2.6 As per section 24 of KHB Act, the State Government can acquire land for the purpose of development, and pay compensation for such compulsory acquisition. The Board cannot decide what land to acquire and how much to compensate

KARNATAKA HOUSING BOARD,BANGALORE vs. DDIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2009-10 M/S. Karnataka Housing The Additional Board, Director Of Income Iii Floor, Cauvery Bhavan, Tax (Exemptions), Kempegowda Road, Range – 17, Bangalore – 560009. Vs. Bangalore. Pan: Aaajk0398K Appellant Respondent & Assessment Year : 2010-11 M/S. Karnataka Housing The Additional Board, Director Of Income Iii Floor, Cauvery Bhavan, Tax (Exemptions), Kempegowda Road, Range – 17, Bangalore – 560009. Vs. Bangalore. Pan: Aaajk0398K Appellant Respondent

property by the Board is subject to the rules made by the State Government under the KHB Act [section 38]. 2.6 As per section 24 of KHB Act, the State Government can acquire land for the purpose of development, and pay compensation for such compulsory acquisition. The Board cannot decide what land to acquire and how much to compensate

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

INCOME TAX OFFICER (TDS),, BANGALORE vs. M/S. ITC EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD, BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar

Section 194C is clearly applicable. 6. The Ld. CIT(A) erred in relying on the decision of the jurisdictional High Court in the case of M/s. Karnataka State Judicial Department Employees House Building Co-Operative Societies in ITA No. 1275 of 2036 and the ITAT's order in the case of M/s. Kautilya House Building Co-Operative Society Limited

M/S. G. R. DEVELOPERS,BANGALORE vs. ACIT, BANGALORE

In the result, the appeal of the assessee is dismissed

Bench: Shri A.K Garodiashri Laliet Kumarg.R Developers, 142-143, 1St Floor, Gr Plaza, D.V.G Road, Basavanagudi, Bangalore-. . Appellant Pan No.Aaefg3522F. Vs. The Asst. Commissioner Of Income-Tax, Circle-3(1), Bangalore. . Respondent * Appellant By : Shri K.R Pradeep, C.A Assessee By : Shri M.K Biju, Jcit Date Of Hearing : 02-02-2017 Date Of Pronouncement : 03-03-2017

Section 264 of the Act, refusing to interfere in the assessment order, whereby the said expenditure has been disallowed.” IT(TP)A No.1439/B/10 21 17. In the light of the above law laid down by Hon’ble High Court, now will decide whether the expenditure incurred by the assessee for re- possession of the club was on account of capital

SHRI. ANAND KULKARANI,BANGALORE vs. INCOME-TAX OFFICER (CPC), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri A.K.Garodia, Accounant Member

House Property to Rs. 150,000/-. As per the Statement of Income available on record, there is rental income of Rs. 60,000/- and after allowing deduction of Property Tax Paid Rs. 4,264/- and 30% as standard deduction, net income before interest is Rs. 39,016/- and there is claim for interest payment of Rs. 390,205/- resulting into

DCIT, BANGALORE vs. M/S CORE OBJECTS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by assessee stands allowed as indicated hereinabove and appeal filed by revenue stands allowed partly

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.517/Bang/2015 Assessment Year : 2010-11

264, following the above decision by Hon’ble Supreme Court has held as under: “6. We have considered the submissions made by the learned counsel for the parties and have perused the record. Before proceeding further, it is apposite to take note of the relevant statutory provisions namely section 10B(i), 10B(5), 10B(6)(ii), and section

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahuthe Dy. Commissioner Of Vs Shri C. Gangadhara Murthy Income-Tax, No. 322, 3Rd A Corss, 2Nd Block Circle - 6(2)(1) 3Rd Stage, Basaveshwaranagar Bangalore . Bangalore 560079. Pan – Agipg 2668 N (Appellant) (Respondent)

Section 144 of the Act after considering the documents/material available before him and computed the gross total income at Rs.3,73,98,834/- as under: - Income from House property Rs.3,48,933 Income from Business Rs.3,12,000 Add: Income from Other sources Rs.5,35,221 Add: Unexplained cash credits in bank accounts Rs.1,12,02,680 Add: Unexplained capital

MR. BHASKAR JOSEPH,BANGALORE vs. INCOME TAX OFFICER, WARD- 6(2)(2), BANGALORE

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

Bench: Shri Chandra Poojariassessment Year: 2015-16

264), under identical circumstances had held as follows'.- “7. Section 44AD of the Act was inserted by the Finance Act, 1994 with effect from 1-4-1994. Sub-section (1) of section 44AD clearly provides that where an assessce is engaged in the business of civil construction or supply of labour for civil construction, income shall be estimated

M/S RAJESH EXPORTS LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2), BANGALORE , BANGALORE

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

264 (Karnataka) by the Jurisdictional High Court has no application to the facts of this case. 3.3 The Hon'ble Karnataka High Court in the case of Canara Housing Development Company 62 taxman.com 250 (Karnataka) held that once the assessment is reopened, the assessing authority can take note of the income disclosed in the earlier return, any undisclosed income found

M/S RAJESH EXPORTS LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2), BANGALORE

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

264 (Karnataka) by the Jurisdictional High Court has no application to the facts of this case. 3.3 The Hon'ble Karnataka High Court in the case of Canara Housing Development Company 62 taxman.com 250 (Karnataka) held that once the assessment is reopened, the assessing authority can take note of the income disclosed in the earlier return, any undisclosed income found

M/S RAJESH EXPORTS LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2), BANGALORE

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

264 (Karnataka) by the Jurisdictional High Court has no application to the facts of this case. 3.3 The Hon'ble Karnataka High Court in the case of Canara Housing Development Company 62 taxman.com 250 (Karnataka) held that once the assessment is reopened, the assessing authority can take note of the income disclosed in the earlier return, any undisclosed income found