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 32(1) of the Act.” 5. The Assessing Officer was not convinced with the reasoning given by the assessee and therefore disallowed the business losses to the tune of Rs. 5,20,16,620/- and treated the entire rental receipt as income from the house property. After treating the rental income as income from the house property, the Assessing

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

30% under Section 56(2)(vii)(c) of the Act, thus ignoring the fact that the intention was never to evade the taxes. 12. Notwithstanding above, the learned CIT(A) has erred in law and facts by stating that the Appellant, being 99.99% shareholder unduly influenced ROI to transfer the shares and reflect the same as gift

BINDUMALYAM PANDURANGA ALLANHARINARAYAN ,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BENGALURU

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

30,32,716 3.3 In absence of any submissions made by the assessee in respect of fair rental value/municipal rental value of the property for determining the annual value of the house property as per the provisions of section

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

house property, profits and gains of business, capital gains and income from other sources. The scheme of the TDS provisions applies not only to the amount paid, which bears the character of "income" such as salaries, dividends, interest on securities etc. but the said provisions also apply to gross sums, the whole of which may not be income or profits

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:-

property referred to in sub-section (2) consists of more than 29[one house]— (a) the provisions of that sub-section shall apply only in respect of 30

SHAMBALA PROPERTIES PVT LTD,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLR-12(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09 M/S. Shambala Properties Pvt. Ltd., Acit, No.7, Rest House Road, Circle – 12(3) Vs. Bangalore – 560 001. (Presently – Dcit – 7(1)(2)), Pan No : Aahcs 1313 C Bangalore. Appellant Respondent Appellant By : Shri. B. K. Manjunath, Ca Respondent By : Shri. Elamurusu G, Jcit (Dr)(Itat) Date Of Hearing : 02.12.2020 Date Of Pronouncement : 03.12.2020

30% of annual value : 57,26,983 ii) Interest paid : 15,65,010 iii) Pre construction periods interest : 1,33,509 __________ House Property or total income 1,16,64,440 3. Against this, the assessee went in appeal before CIT(A). The learned CIT(A) confirmed the order of AO. Against this, assessee is in appeal once again before

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

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao

house property at Airport Road is nil u/s 23(1)(c) of the Act. 9. That the learned Commissioner of Income Tax (Appeals) erred in law and on facts in holding that the value of Jayanagar property is unexplained even though the appellant had accounted the value of the site in its books of account. 10. That the learned Commissioner

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. INDRAPRASTHA SHELTERS PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(4), BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year :2011-12 M/S. Indraprastha Shelters Pvt. Ltd., Vs. The Deputy Commissioner Of Income Tax, 4Th Floor, Prestige Corniche, Circle –11(4), No.62/1, Richmond Road, Bangalore. Bangalore – 560 025. Pan : Aabci 2643 B Assessee By : Shri. G. S. Prashanth, Ca Revenue By : Shri. Priyadarshi Mishra, Jcit(Dr)(Itat), Bangalore Date Of Hearing : 14.12.2020 Date Of Pronouncement : 16.12.2020 O R D E R

House Property”, the assessee has claimed deduction of a sum of Rs.69,84,167/- under section 24(b) of the Income Tax Act, 1961 (hereinafter called ‘the Act’), as interest paid on capital borrowed for the purpose of Page 2 of 8 construction of the property. The breakup of the interest so claimed as deduction is as follows: “Pre Construction

M/S ESTEEM MALL,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6(3((1), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year:

30% as per the provisions of section 24 [a] of the Act on the receipts by the assessee from sub-letting the property. Therefore, according to the ld. AR, the assessee is the owner of the property and income from sub-letting is to be assessed as income from house

S.M. VINOD (LEGAL HEIR OF LATE SRI. S M MUNIYAPPA),BANGALORE vs. INCOME TAX OFFICER, WARD- 7(2)(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2016-17

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

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

M/S. DEEPALI COMPANY PRIVAE LIMITED,BANGALORE vs. INCOME TAX OFFICER, WARD- 2(1)(2), BANGALORE

In the result, the appeal filed by assessee stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2016-17 M/S. C. Krishniah Chetty & Co. Pvt. Ltd., The Income Tax (Earlier Known As :Deepali Co. Officer, Pvt. Ltd.) Ward – 2 (1)(2), 35, Commercial Street, Bangalore. Bangalore – 560 001. Vs. Pan: Aaacd5120H Appellant Respondent : Shri Narendra Sharma, Assessee By Advocate : Smt. Priyadarshini Revenue By Basaganni, Addl. Cit (Dr) Date Of Hearing : 01-06-2022 Date Of Pronouncement : 21-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 03.0.2020 Passed By Ld.Cit(A)-2, Bangalore For A.Y. 2016-17 On The Following Grounds Of Appeal: “1.1 On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income Tax Erred In Not Allowing Business Loss For The Year Of Rs. 114,66.766/- On The Ground That The Business Of The Assessee Company Is Closed & There Are No Receipts From Operation Of Business.

House property. 7.2 Section 37 of the Income tax Act, 1961 is a section for allowability of business expenditure. It says "37. (1) Any expenditure (not being expenditure of the nature described in sections 30

V.ANANTHA KUMAR ,BANGALORE vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-2(2), BANGALORE

In the result, the appeal in ITA No

Bench: Shri N.V. Vasudevan & Shri Jason P Boaz

section 14A of the Act. The assessee explained before the AO that the investments which are likely to earn tax free income were made by the assessee out of his own funds and therefore there was no interest expenditure which can be attributed to earning of exempt income. The assessee took a stand that the assessee had sufficient capital

V.ANANTHA KUMAR ,BANGALORE vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-2(2), BANGALORE

In the result, the appeal in ITA No

Bench: Shri N.V. Vasudevan & Shri Jason P Boaz

section 14A of the Act. The assessee explained before the AO that the investments which are likely to earn tax free income were made by the assessee out of his own funds and therefore there was no interest expenditure which can be attributed to earning of exempt income. The assessee took a stand that the assessee had sufficient capital

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(2)(2), BANGALORE vs. M/S. NITESH INFRASTRUCTURE & CONSTRUCTIONS, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2012-13

house property, it was not claiming depreciation on such properties which were let out by the firm. Further, while business losses were set off against the property income for the same year, depreciation on such properties let out were not set off. 35. It was submitted that during the scrutiny asst. proceedings

SHRI.RAMAKRISHNA ASHWATH ,BANGALORE vs. INCOME TAX OFFICER WARD-6(3)(3), BANGALORE

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

Bench: Shri Arun Kumar Garodiaassessment Year : 2015-16 Shri Ramakrishna Aswatgh, No. 40, 1St Floor, 1St Main, The Income Tax 9Th Cross, 3Rd Stage, Bhel Officer, Layout, Vs. Ward – 6 (3) (3), Vidyaranyapura, Bangalore. Bangalore – 560 080. Pan: Adrpa6087D Appellant Respondent

Section 54F is available only for purchase or construction of a new property, the assessee MrAshwath Ramakrishna constructed the additional floors on newly purchased residential units. Based on these and such other grounds that may be adduced from time to time, the appellant requests the Honorable Income Tax Appellate Tribunal to consider the petition in the light of principles

HANCHIPURA CHANNAIAH NANDAKISHORE,MAHALKSHMIPURAM vs. INCOME TAX OFFICER WARD INTL, TAXATION 1(2) BANGALORE, BANGALORE

In the result appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyit(It)A No.258/Bang/2025 Assessment Year : 2018-19 Hanchipura Channaiah Nandakishore 87, 2Nd Stage & Phase Mahalakshmipuram 2Nd Stage, 14Th Main, West Of Chord Ito Road Vs. Ward International Taxation 1(2) Mahalakshmipuram Bangalore Bangalore 560 086 Pan No :Blrpn0428A Appellant Respondent Appellant By : Sri Siddesh N Gaddi, A.R. Respondent By : Dr. Divya K.J., D.R. Date Of Hearing : 07.08.2025 Date Of Pronouncement : 04.11.2025

property in name of his married widowed daughter and the exemption was allowed to the assessee. (h) Mrs. Kamal Murlidhar Mokashi v. ITO [2019] 110 taxmann.com 120/179 ITD 265 (Pune - Trib.)In order to claim deduction under section 54F, new residential house need not be purchased by assessee in his own name or exclusively in his name. 13. Further