IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

144 taxmann.com 221 (SC) is held to years have passed contradictory be misplaced since the said decision judgements, it results in genuine and a was rendered in the context of penalty bonafide difficulty on part of the u/s 271C and the yardstick of Assessee and therefore qualifies to be a reasonable cause u/s 273B was applied ‘reasonable cause’ under section

IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(2)(1) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

144 taxmann.com 221 (SC) is held to years have passed contradictory be misplaced since the said decision judgements, it results in genuine and a was rendered in the context of penalty bonafide difficulty on part of the u/s 271C and the yardstick of Assessee and therefore qualifies to be a reasonable cause u/s 273B was applied ‘reasonable cause’ under section

IBM UNITED KINGDOM LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

GOPAL KRISHNA KARODI SABBANA,DAKSHINA KANNADA vs. DY./ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, MANGALORE

In the result, appeals filed by the assessee for all these AY are allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

144 151 consideration exceeds Rs. One crore and accordingly the assessee was liable to get his books of accounts audited u/s. 44AB of the Act & required to furnish/upload the same within the due dates as prescribed. However, as the assessee had furnished the audited accounts u/s. 44AB of the Act belatedly, the penalty u/s. 271B of the Act were levied

GOPAL KRISHNA KARODI SABBANA,DAKSHINA KANNADA vs. DY./ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2,, MANGALORE

In the result, appeals filed by the assessee for all these AY are allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

144 151 consideration exceeds Rs. One crore and accordingly the assessee was liable to get his books of accounts audited u/s. 44AB of the Act & required to furnish/upload the same within the due dates as prescribed. However, as the assessee had furnished the audited accounts u/s. 44AB of the Act belatedly, the penalty u/s. 271B of the Act were levied

GOPAL KRISHNA KARODI SABBANA ,DAKSHINA KANNADA vs. DY./ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, MANGALORE

In the result, appeals filed by the assessee for all these AY are allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

144 151 consideration exceeds Rs. One crore and accordingly the assessee was liable to get his books of accounts audited u/s. 44AB of the Act & required to furnish/upload the same within the due dates as prescribed. However, as the assessee had furnished the audited accounts u/s. 44AB of the Act belatedly, the penalty u/s. 271B of the Act were levied

GOPAL KRISHNA KARODI SABBANA,DAKSHINA KANNADA vs. DY./ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, MANGALORE

In the result, appeals filed by the assessee for all these AY are allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

144 151 consideration exceeds Rs. One crore and accordingly the assessee was liable to get his books of accounts audited u/s. 44AB of the Act & required to furnish/upload the same within the due dates as prescribed. However, as the assessee had furnished the audited accounts u/s. 44AB of the Act belatedly, the penalty u/s. 271B of the Act were levied

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2) , BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

GOPAL KRISHNA KARODI SABBANA,DAKSHINA KANNADA vs. DY./ASST.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, MANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

144 151 106 ITA Nos.1504 to 1508/Bang/2025 Sri Gopal Krishna Karodi Sabbana, Sullia Page 11 of 16 Thus, as can be seen from the above table that the total turnover of the assessee during the each of the assessment years under consideration exceeds Rs. One crore and accordingly the assessee was liable to get his books of accounts audited u/s

COMPAGNIE IBM FRANCE,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

IBM AUSTRALIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

IBM ISRAEL LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

IBM JAPAN LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2) , BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

271(1)(c) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

IBM AUSTRALIA LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

271(1)(c) 497/Bang/2024 | Filed but In ROI filed Limited 17 not offered u/s 148 Page 9 of 56 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

SMT B SUMATHY,BANGALORE vs. THE INCOME TAX OFFICER WARD-1(2)(2), BANGALORE

In the result, the assessee’s appeal for Assessment Year 2005-06 is allowed as indicated above

Bench: Shri N. V. Vasudevan & Shri Jason P Boazassessment Year : 2005-06 Smt. B. Sumathy, Vs. The Income Tax Officer, #T-401, Poorva Park, Ward – 1(2), Now Jeevana Halli Main Road, Ito, Ward – 1[2][2], Cox Town, Bangalore-560 005. Bangalore. Pan : Aseps 7079 K Appellant Respondent Assessee By : Shri. Narendra Sharma, Advocate Revenue By : Shri. T. Chandrasekhar, Addl. Cit Date Of Hearing : 27.03.2019 Date Of Pronouncement : 16.04.2019

144 r.w.s 147 of the Act vide order dated 26.03.2007, wherein the assessee’s income was determined at Rs.9,49,677/-; in view of an addition of Rs.8,41,427/- on account of re-computation of capital gains by virtue of denying the assessee’s claim for exemption under section 54F of the Act. 3.2 Penalty proceedings under section 271

M/S RAJESH ENTERPRISES ,HUBLI vs. INCOME TAX OFFICER WARD-3(3), HUBLI

In the result, the assessee’s appeals for Assessment Year 2006-07 is allowed

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Years : 2008-09 M/S. Rajesh Enterprises, Vs. Income-Tax Officer, Narmada Building, Ward - 3(3), Mangalwar Peth, Hubli . Hubli – 580 020. Pan : Aadfr 4941 C Appellant Respondent

144 of the Act vide order dated 26.11.2010 wherein the assessee’s income was determined at Rs.18,97,038/- and penalty proceedings were simultaneously issued by issue of notice under section 274 r.w.s. 271 of the Act dated 26.10.2010. The assessee’s appeal was dismissed by the CIT(A), Hubli. 2.2 Subsequent thereto, the AO took up the penalty proceedings