M/S. BRIGADE ENTERPRISES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

In the result appeal filed by assessee stands partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Brigade Enterprises Ltd., 26/1, 30Th Floor Wtc, The Dy. Commissioner Of Dr. Rajkumar Road, Income-Tax, Malleshwaram, Circle-2(3), Rajajinagar, Bengaluru. Vs. Bengaluru-560 100. Pan – Aaacb 7459 F Appellant Respondent Assessee By : Shri P.C Kincha, C.A Revenue By : Ms. Neera Malhotra, Cit(Dr) Date Of Hearing : 20-07-2021 Date Of Pronouncement : 11-10-2021 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 30/08/2019 Passed By The Ld.Cit(A)-11, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal: “1. General Ground 1.1. The Order Passed By The Learned Commissioner Of Income Tax (Appeals) ["Cit(A) For Short Hereinafter"] To The Extent Prejudicial To The Appellant Is Bad In Law & Liable To Be Quashed. 2. Disallowance Under Section 14A R.W. Rule 8D 2.1. The Learned Deputy Commissioner Of Income Tax Central Circle - 2(3), Bangalore ["Ao" For Short Hereinafter] Has Erred In Making A Disallowance Of Rs. 2,02,22,837/- Under Se Tion 14A Comprising Of Disallowa,,Ø-1S. 1,73,98,969/- Under Rule 8D(2)(Ii) & Rs. 28,23,868/- Under Rule 8D(2)(Iii) & The Learned Cit(A) Has Erred In Confirming The Said Disallowance.

properties amounting to Rs.3,05,66,25,039/-. 2.7 The Ld.AO was of the opinion that nexus has not been established between the advancing of funds in the business interest of the assessee. The Ld.AO disallowed the interest under section 36(1)(iii) of the act at Rs.5,32,41,623/- for lack of commercial expediency. 2.8 The Ld.AO during

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

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

section is that the construction should be completed within the specified period. 17. The learned CIT(A) has erred, in law and in facts, in not appreciating the fact that the Appellant has provided details of all residential house property 'owned' by him and the learned CIT(A) has inadvertently considered a leased property outside India as a property owned

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

house property. 13,47,060 5. The CIT(A) erred in holding that section 44AD does not apply to the maintenance

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

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

section. Scope of Income is defined u/s 5. The heads of income is enumerated u/s 14. There are five heads of income, namely income from Salaries, Income from House Property

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

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao

5. On the other hand, the learned Departmental Representative has submitted that the vacancy allowance under Section 23(1)(c) of the Act is available only when the house property

YASH VARDHAN ARYA,BANGALORE vs. THE INCOME TAX OFFICER, (INTERNATIONAL TAXATION) WARD-1(1), BANGALORE

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

Bench: Shri George George K

section 23(1)(a) of the I.T.Act. To the proposed enhancement notice, the assessee filed objection vide its reply dated 22.02.2022. However, the objection of the assessee was rejected and the CIT(A) enhanced the addition made by the A.O. at Rs.5,23,320 to Rs.28,78,260 by working out the income from house property 3 ITA No.203/Bang/2022. Sri.Yash

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:-

section (1) as if such house or houses had been let. (5) Where the property consisting of any building or land

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

5 of 6 ITA No.214/Bang/2014. For Assessment Year 2009-10, the Tribunal vide order dated 31.10.2014 held as under: “10. We have duly considered the rival contentions and gone through the record carefully. Section 14 in Chapter - IV of the Income Tax Act provides heads of income namely (a) salary (b) (....) (c) income from house property

MR. ARUNKUMAR NATHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(3)(1), BANGALORE

In the result, the appeal of the assessee is dismissed

Bench: Shri Vijay Pal Rao & Shri Jason P Boaz

property. Accordingly, the CIT (Appeals) upheld the action of the Assessing Officer. 4. Before us, the learned Authorised Representative of the assessee has submitted that the assessee has purchased two flats at different locations due to the family requirement of the assessee. The flat in Jalahalli was purchased for the residential purpose of the assessee because the assessee was working

M/S STERLING DEVELOPERS PVT. LTD.,,BANGALORE vs. JCIT, BANGALORE

In the result, appeal filed by the assessee is partly allowed, whereas the appeal of Revenue stands dismissed

Bench: Shri. N. V. Vasudevan

housing projects on certain conditions being fulfilled. The provisions of section 80 IB (13) of the Act, that makes the provisions of section 80 IA(5) applicable to section 80 IB also, applies only ‘so far as may be’. Thus, by virtue of the fact that there is no concept of initial assessment year under section 80IB

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

section 50C are applicable and held that transaction is taxable for the year 2007-08. The Assessing Officer Page 5 of 21 thus treated Rs.2,77,06,000/- as the sale consideration received by the assessee and calculated income from capital gains accordingly. 7. On appeal, the CIT(Appeals) confirmed the action of the AO in reopening the assessment

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

house property even though it cannot be added as per the provisions of the Act. 7. The assessee also raised following additional grounds:- (i) The interest cost is Rs.7.03 crore and not Rs.4.34 crore as raised in original grounds of appeal. (ii) Depreciation on the asset leased has to be allowed. (iii) Deduction on section 80G of Rs.5 lakh

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" shall be computed after making some deductions. One of the deduction allowed u/s.24(b) is as follows: “Sec.24(b ) where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital: Provided that in respect of property referred to in sub-section (2) of section

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:

section 24(a) of the Act. However, the CIT(Appeals) has considered Rs.57,52,392 as income from sub-letting which is not correct. The assessee has taken the net sub-letting rental income at Rs.13,24,488 to the Profit & Loss account and it is included in the income from house property as follows:- Page 5

DR. DEVIKA GUNASHEELA,BANGALORE vs. JCIT, BANGALORE

Bench: Shri N.V. Vasudevan & Shri A.K. Garodiaassessment Year: 2012-13

5. Under Section 54 of the Act, if capital gain arises from the transfer of a long-term capital asset, being buildings or land appurtenant thereto, and being a residential house, the income of which is chargeable under the head "Income from house property

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

5. The AR submitted that on the date of the sale of original asset the assessee owned a residential house having two units in the same building i.e, a residential unit in ground floor and in 1st floor. The property has single Katha number, single Property Identity Number (PID No.), single BESCOM connection. These are undisputed facts. Therefore