SHRI S KRISHNA PRASAD ,BALLARI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, BELAGAVI

In the result, all the appeals of the assessee are treated as allowed

Bench: Shri B.R Baskaran & Shri Pavan Kumar Gadale

271(1)(c) of the Act and the other two appeals relate to the penalty levied u/s 271AAB of the Act. Since the Ld CIT(A) has confirmed the penalty levied in all the above said years, the assessee has filed these appeals challenging the orders passed by Ld CIT(A). ITA Nos.1172 to 1178 /Bang/2018 Page

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

penalty under sections 271(1)(c) of the Act. xi. The Assessee have right reserve to Amend modify delete and make any additional grounds of appeal. 2.3 During the appellate proceedings the assessee raised additional grounds of appeal before the ld. CIT(A)-2, Panaji as under: 1. The learned Assessing Officer erred in issuing notice u/s.1

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

penalty under sections 271(1)(c) of the Act. xi. The Assessee have right reserve to Amend modify delete and make any additional grounds of appeal. 2.3 During the appellate proceedings the assessee raised additional grounds of appeal before the ld. CIT(A)-2, Panaji as under: 1. The learned Assessing Officer erred in issuing notice u/s.1

SIMPLEX TMC PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(1),BENGALURU, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2018-19

seizure action u/s 132 of the Act was conducted in the case of assessee on 14.11.2017, during the course of search, cash of Rs.3,72,50,000/- was found and seized from the office premises of the assessee. The managing director of the company admitted in the statement recorded u/s. 132 of the Act, that the said cash is part

JICE ACADEMY FOR EXCELLENCE PRIVATE LIMITED,BANGALORE vs. INCOME TAX OFFICER, NFAC, DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2017-18

seizure operations under section 132, all these persons are invariably searched together. The legislature_ was intended to curb tax evasion in "search situations" and referred to confirmatory letters produced in such situations to counter "cash found'. The term "various persons" and such persons' is to be understood only in relation to "search Situation" as the section itself was introduced

JOHN DEVELOPERS ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

penalty proceedings u/s 271(1)(c) of the Act is initiated separately. 14.5 With regard to Undisclosed income from transport business the ld. D.R. submitted that during the course of search, a document A/JDPL/12 was found and seized. It contained entries relating to income earned by the assessee while returning from the variousITA No.838 to 843/Bang/2023 M/s. Paul Resorts & Hotels

M/S. VINAYAKA ENTERPRISES,SRISI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 2(1), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) of the Act that the penalty proceedings in the case of the Assessee has been initiated for 'furnishing inaccurate particulars of income'. The AO while passing the penalty order has computed the penalty for 'concealment of income' for which no notice has been given to the Assessee. The penalty ITA Nos.321 & 322/Bang/2023 M/s. Vinayaka Enterprises, Bangalore Page

M/S. VINAYAKA ENTERPRISES,SRISI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 2(1), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) of the Act that the penalty proceedings in the case of the Assessee has been initiated for 'furnishing inaccurate particulars of income'. The AO while passing the penalty order has computed the penalty for 'concealment of income' for which no notice has been given to the Assessee. The penalty ITA Nos.321 & 322/Bang/2023 M/s. Vinayaka Enterprises, Bangalore Page

MR. BUDNAR JAYAKAR SHETTY,UDUPI vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, the appeal of the assessee is dismissed

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

u/s 271(1)(c) of the Act, he confirmed the levy of penalty to the extent of Rs.16,59,756/- as levied by AO and he relied on the judgement of Hon’ble Supreme Court in the case of MAK Data Pvt. Ltd. Vs. CIT in Civil Appeal No.9772 of 20123 (arising out of Special Leave Petition No.18389

MAHENDRA B CHOWHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2), BANGALORE

In the result, all the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan & Shri A K Garodia

seizure operation u/s. 132 of the Act was carried out in the case of VDPL. ITA Nos. 1590 to 1596/Bang/2019 Page 2 of 15 In the course of such search, certain documents pertaining to assessee were seized. Proceedings u/s. 153C were initiated against assessee for all the assessment years. Based on the material found in the course of search, assessments

MAHENDRA B CHOWHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2), BANGALORE

In the result, all the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan & Shri A K Garodia

seizure operation u/s. 132 of the Act was carried out in the case of VDPL. ITA Nos. 1590 to 1596/Bang/2019 Page 2 of 15 In the course of such search, certain documents pertaining to assessee were seized. Proceedings u/s. 153C were initiated against assessee for all the assessment years. Based on the material found in the course of search, assessments

MAHENDRA B CHOWHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2), BANGALORE

In the result, all the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan & Shri A K Garodia

seizure operation u/s. 132 of the Act was carried out in the case of VDPL. ITA Nos. 1590 to 1596/Bang/2019 Page 2 of 15 In the course of such search, certain documents pertaining to assessee were seized. Proceedings u/s. 153C were initiated against assessee for all the assessment years. Based on the material found in the course of search, assessments

MAHENDRA B CHOWHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2), BANGALORE

In the result, all the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan & Shri A K Garodia

seizure operation u/s. 132 of the Act was carried out in the case of VDPL. ITA Nos. 1590 to 1596/Bang/2019 Page 2 of 15 In the course of such search, certain documents pertaining to assessee were seized. Proceedings u/s. 153C were initiated against assessee for all the assessment years. Based on the material found in the course of search, assessments

MAHENDRA B CHOWHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2), BANGALORE

In the result, all the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan & Shri A K Garodia

seizure operation u/s. 132 of the Act was carried out in the case of VDPL. ITA Nos. 1590 to 1596/Bang/2019 Page 2 of 15 In the course of such search, certain documents pertaining to assessee were seized. Proceedings u/s. 153C were initiated against assessee for all the assessment years. Based on the material found in the course of search, assessments

MAHENDRA B CHOWHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2), BANGALORE

In the result, all the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan & Shri A K Garodia

seizure operation u/s. 132 of the Act was carried out in the case of VDPL. ITA Nos. 1590 to 1596/Bang/2019 Page 2 of 15 In the course of such search, certain documents pertaining to assessee were seized. Proceedings u/s. 153C were initiated against assessee for all the assessment years. Based on the material found in the course of search, assessments

MAHENDRA B CHOWHAN,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2), BANGALORE

In the result, all the appeals by the assessee are allowed

Bench: Shri N.V. Vasudevan & Shri A K Garodia

seizure operation u/s. 132 of the Act was carried out in the case of VDPL. ITA Nos. 1590 to 1596/Bang/2019 Page 2 of 15 In the course of such search, certain documents pertaining to assessee were seized. Proceedings u/s. 153C were initiated against assessee for all the assessment years. Based on the material found in the course of search, assessments

M/S. PAUL RESORTS & HOTELS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

penalty proceedings u/s 271(1)(c) of the Act is initiated separately. 14.5 With regard to Undisclosed income from transport business the ld. D.R. submitted that during the course of search, a document A/JDPL/12 was found and seized. It contained entries relating to income earned by the assessee while returning from the various ITA No.838 to 843/Bang/2023 M/s. Paul Resorts

JOHN DEVELOPERS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

penalty proceedings u/s 271(1)(c) of the Act is initiated separately. 14.5 With regard to Undisclosed income from transport business the ld. D.R. submitted that during the course of search, a document A/JDPL/12 was found and seized. It contained entries relating to income earned by the assessee while returning from the various ITA No.838 to 843/Bang/2023 M/s. Paul Resorts