M/S SHA THANMAL SUKHARAJJI & CO,RANEBENNUR vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX TDS RANGE , HUBBALI

In the result, appeals by the Assessee are allowed

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

196 (Ker.), the Tribunal took the view that the date on which the JCIT issues notice u/s.271-C should be reckoned as the date of initiation of penalty proceedings for the purpose of the second part of Sec.275(1)(c) of the Act. 12. We have considered the rival submissions. There is no dispute that the period of limitation is required

M/S SHA THANMAL SUKHARAJJI & CO,RANEBENNURU vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX TDS RANGE , RANEBENNURU

In the result, appeals by the Assessee are allowed

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

196 (Ker.), the Tribunal took the view that the date on which the JCIT issues notice u/s.271-C should be reckoned as the date of initiation of penalty proceedings for the purpose of the second part of Sec.275(1)(c) of the Act. 12. We have considered the rival submissions. There is no dispute that the period of limitation is required

AKASH EDUCATION & DEVELOPMENT TRUST,BENGALURU vs. ADDITIONAL COMMISSIONER OF INCOME TAX, CENTRAL RANGE-2, BANGALORE

In the result, the appeal of the assessee is allowed

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

196 (Kerala), the HC rejected the argument that the cash was received from the partners of the firm and from sister concerns. The High Court held that once the receipt was in form of loan or deposits, the provisions of Section 269SS got attracted and penalty was leviable under Section 271D if a reasonable cause was not provided

M/S. FIRST ADVANTAGE GLOBAL OPERATING CENTER PRIVATE LIMITED ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU

In the result, the assessee’s appeal for Assessment Year 2013-14

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

196,222. 2.2. The learned DRP/AO erred, in law and in facts, by not appreciating the contention of the Appellant that the functioning of the software purchased is integrally linked to that of the functioning of a computer and cannot be used in isolation. 2.3. The learned DRP/AO erred, in law and in facts, and held that only software that

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

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 53C(1)(a) of Income

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

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 53C(1)(a) of Income

NXP INDIA PVT LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(1)(1), BENGALURU

In the result, both the appeals are partly allowed for statistical purposes

Bench: Shri N.V.Vasudevan, Vice- & Shri Chandra Poojari

penalty proceedings under section 271 (1)(c) of the Act. All the above grounds may be considered independent and without prejudice of each other. The Appellant craves leave to add, alter, amend, vary, omit or substitute any of the aforesaid grounds of appeal at any time before or at the time of hearing of the appeal, so as to enable

SRI RATHAN BABULAL LATH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2009-10

271(1)© of the Income Tax Act, 1961 is initiated for concealment of income.) 2.1 Against this assessee carried this appeal before Ld. CIT(A). The Ld. CIT(A) confirmed the addition by observing as follows:- “15. Perusal of assessment order shows that appellant during AY 2009-10 had given an amount of Rs. 60 crore to Sh. Navneet Sinhania

M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTPU , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

196 as shown in the Fixed Assets as on 31.03.2013 placed at paper book page No.1078. Being so, in our opinion, it cannot be compared with the assessee’s case. Accordingly, we direct the TPO to exclude the same from the list of comparables.” 8.1 In view of the above order of the Tribunal, taking a consistent view, we direct

INCOME TAX OFFICER, WARD-7(2)(1), BENGALURU, BANGALORE vs. M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LIMITED , BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

penalty was to be levied on the tax assessed under section 143 or as demanded under section 156 being tax assessed minus the amount paid under the provisional assessment order. The hon'ble Supreme Court before resorting to the interpretation of term in addition to the amount of the tax, if any, payable by him as appearing in section 271

INCOME TAX OFFICER W 1, HASSAN vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

M/S. S. RAMASHANDRA SETTY & SONS,HASSAN vs. INCOME TAX OFFICER, WARD-1 , HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, HASSAN vs. RAMACHANDRA SETTY & SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, VIJAYANAGAR vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER WARD-1 HASSAN, HASSAN vs. RAMACHANDRA SETTY AND SONGS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

NTT DATA INFORMATION PROCESSING SERVICES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

penalty proceedings under section 274 read with section 271(1)(c) of the Act. The Appellant submits that each of above grounds is independent and without prejudice to one another.” 2. At the time of hearing, assessee has not pressed ground Nos.1 to 6.2. Hence, these grounds are dismissed as not pressed. 3. In Ground No.6.3(a) assessee seeks exclusion

DCIT, BANGALORE vs. M/S HEWLETT PACKARD GLOBALSOFT PVT. LTD.,, BANGALORE

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

196 2. IT Enabled Services - 28,80,48,563 Reduction in deduction under section 10A and 10B of the Act 10,90,60,594 As per ROI 99,59,24,204 Less: As per FAO 88,68,63,610 Disallowance on account of difference of service income in the 7,32,917 financials and gross amounts as per Form 26AS

HEWLETT-PACKARD GLOBALSOFT PRIVATE LIMTIED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

196 2. IT Enabled Services - 28,80,48,563 Reduction in deduction under section 10A and 10B of the Act 10,90,60,594 As per ROI 99,59,24,204 Less: As per FAO 88,68,63,610 Disallowance on account of difference of service income in the 7,32,917 financials and gross amounts as per Form 26AS

INCOME-TAX OFFICER, WARD-7(2)(1), BENGALURU, BENGALURU vs. M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LIMITED, BENGALURU

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

penalty was to be levied on the tax assessed under section 143 or as demanded under section 156 being tax assessed minus the amount paid under the provisional assessment order. The hon'ble Supreme Court before resorting to the interpretation of term in addition to the amount of the tax, if any, payable by him as appearing in section 271