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

house property is required to be treated as business income u/s. 28, then the consequences as mentioned in chapter D for profit and gains of the business profit under chapter 4 computation of business income shall be available including the provisions of section 36(1)(3), section 32, section 37

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

THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY vs. SRI B RUDRA GOWDA , BELLARY

In the result, the appeal filed by assessee stands partly allowed and the appeal by revenue stands dismissed

property against the claim by the third party as capital expenditure;  By levying of interest under section 234B of Rs. 3,44,80,540/-. Aggrieved by the order of Ld.AO, assessee preferred appeal before Ld.CIT(A). The Ld.CIT(A) upheld the disallowance in respect of Corporate Social Responsibility as well as Reclamation and Rehabilitation expenditure but treated the legal expenses

B RUDRA GOUDA ,BELLARY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, the appeal filed by assessee stands partly allowed and the appeal by revenue stands dismissed

property against the claim by the third party as capital expenditure;  By levying of interest under section 234B of Rs. 3,44,80,540/-. Aggrieved by the order of Ld.AO, assessee preferred appeal before Ld.CIT(A). The Ld.CIT(A) upheld the disallowance in respect of Corporate Social Responsibility as well as Reclamation and Rehabilitation expenditure but treated the legal expenses

M/S. THE SANDUR MANGANESE & IRON ORES LTD,SANDUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1,, BELLARY

In the result, both the appeals filed by the assessee stands partly allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Section 37(1) of the Act and not otherwise. 31. For the reasons afore stated, we are of the considered view that substantial question law formulated herein is to be answered in the negative i.e., against the revenue and in favour of the assessee.” 10.5.3. In the instant case also, the assessee has contributed funds at the specific request

M/S. THE SANDUR MANGANESE & IRON ORES LTD,SANDUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, BELLARY

In the result, both the appeals filed by the assessee stands partly allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Section 37(1) of the Act and not otherwise. 31. For the reasons afore stated, we are of the considered view that substantial question law formulated herein is to be answered in the negative i.e., against the revenue and in favour of the assessee.” 10.5.3. In the instant case also, the assessee has contributed funds at the specific request

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

NIRMAN SONESTAA DEVELOPERS,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE

In the result, the appeal by the assessee is dismissed

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhailassessment Year: 2018-19

House and for the purpose of selling the major portions of the said building in the form of flats to various customers. The assessee got the original building plans sanctioned and commenced the constructions. The assessee had no right to make deviations from the sanctioned plan or to continue the construction after the sanction had lapsed. Any constructions thus made

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

MR. PRAKASH CHAND BETHALA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), BANGALORE

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2007-08

37 of the Wealth-tax Act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act.” 6. Before the Assessing Officer, the assessee argued that the provisions of section 50C are applicable prospectively

M/S GOGGA GURUSANTHAIAH AND BROTHERS ,HOSPET vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, the appeals filed by the assessee are partly allowed as indicated above

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

37. Even if the above observations is understood to be laying down a note of caution, the same would be a qualified one and can have no application in a case of mass tort as has been occasioned in the present case. The mechanism provided by any of the Statutes in question would neither be effective nor efficacious to deal

M/S GOGGA GURUSANTHAIAH AND BROTHERS ,HOSPET vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, the appeals filed by the assessee are partly allowed as indicated above

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

37. Even if the above observations is understood to be laying down a note of caution, the same would be a qualified one and can have no application in a case of mass tort as has been occasioned in the present case. The mechanism provided by any of the Statutes in question would neither be effective nor efficacious to deal

M/S GOGGA GURUSANTHAIAH AND BROTHERS ,HOSPET vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, the appeals filed by the assessee are partly allowed as indicated above

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

37. Even if the above observations is understood to be laying down a note of caution, the same would be a qualified one and can have no application in a case of mass tort as has been occasioned in the present case. The mechanism provided by any of the Statutes in question would neither be effective nor efficacious to deal

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 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

37, PID # 51- 14-37, built with RCC roof, red-oxide flooring, teak wood doors and windows, the ITEM # 1 & 2 of Page 9 of 17 SCHEDULE PROPERTY, built on site measuring East to West 60 ft., and North to South 40 ft., measuring in all 2400 sft., and bounded on: EAST BY : 1ST MAIN ROAD WEST BY : PRIVATE PROPERTY

DR. SHEELA PUTTABUDDI,BANGALORE vs. INCOME TAX OFFICER, WARD- 3(3)(5), BANGALORE

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

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

37. The High Court is not correct when it states:- “31. The word ‘purchase’ is not defined under the Act and therefore, has to be construed in the commercial sense. In many dictionaries, the word ‘purchase’ means the acquisition of property by party’s own act as distinguished from acquisition by act of law. In the context in which

SRI. A.R. PRASAD,BANGALORE vs. ITO, BANGALORE

In the result, both the appeals of the assessee are partly allowed

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

house property, income from partnership firms in which they were partners and also income from other sources. They filed their return of income for the subject AY declaring a total income of Nil and Rs 2,68,920/- respectively vide their returns of income filed on 9th March 2010. The said returns of income were processed under section

SMT. A.P. LAKSHMI GOWRI,BANGALORE vs. ITO, BANGALORE

In the result, both the appeals of the assessee are partly allowed

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

house property, income from partnership firms in which they were partners and also income from other sources. They filed their return of income for the subject AY declaring a total income of Nil and Rs 2,68,920/- respectively vide their returns of income filed on 9th March 2010. The said returns of income were processed under section