SRI. VINOD RADHAKRISHNA ,BENGALURU vs. THE INCOME TAX OFFICER, WARD-5(3)(4), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 143[3] r.w.s. 147 of the Act dated 20/06/2019 and consequently in the absence of proper satisfaction recorded for the initiation of penalty proceedings the entire penalty proceedings is bad in law and void-ab-into under the facts and circumstances of the case. 15. The learned Commissioner of Income tax [Appeals] erred in passipg the impugned appellate order

SRI. VINOD RADHAKRISHNA ,BENGALURU vs. THE INCOME TAX OFFICER, WARD-5(3)(4), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 143[3] r.w.s. 147 of the Act dated 20/06/2019 and consequently in the absence of proper satisfaction recorded for the initiation of penalty proceedings the entire penalty proceedings is bad in law and void-ab-into under the facts and circumstances of the case. 15. The learned Commissioner of Income tax [Appeals] erred in passipg the impugned appellate order

SRI. VINOD RADHAKRISHNA ,BENGALURU vs. THE INCOME TAX OFFICER, WARD-5(3)(4), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 143[3] r.w.s. 147 of the Act dated 20/06/2019 and consequently in the absence of proper satisfaction recorded for the initiation of penalty proceedings the entire penalty proceedings is bad in law and void-ab-into under the facts and circumstances of the case. 15. The learned Commissioner of Income tax [Appeals] erred in passipg the impugned appellate order

SHRI RAJESH AJJAVARA ,BANGALORE vs. INCOME TAX OFFICER WARD-5(3)(1), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri N.V. Vasudevan & Shri D.S. Sunder Singh

271 F of the Act nowhere mentions that for levying :- 5 -: ITA Nos.2604 to 2606/Bang/2018 & penalty under this section, there should be willful and deliberate omissions on the part of the assessee. Besides, filing of return as per Section 139(4) would not dilute infraction of not furnishing the return of income before the end of the relevant assessment year

SHRI RAJESH AJJAVARA ,BANGALORE vs. INCOME TAX OFFICER WARD-5(3)(1), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri N.V. Vasudevan & Shri D.S. Sunder Singh

271 F of the Act nowhere mentions that for levying :- 5 -: ITA Nos.2604 to 2606/Bang/2018 & penalty under this section, there should be willful and deliberate omissions on the part of the assessee. Besides, filing of return as per Section 139(4) would not dilute infraction of not furnishing the return of income before the end of the relevant assessment year

SHRI RAJESH AJJAVARA ,BANGALORE vs. INCOME TAX OFFICER WARD-5(3)(1), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri N.V. Vasudevan & Shri D.S. Sunder Singh

271 F of the Act nowhere mentions that for levying :- 5 -: ITA Nos.2604 to 2606/Bang/2018 & penalty under this section, there should be willful and deliberate omissions on the part of the assessee. Besides, filing of return as per Section 139(4) would not dilute infraction of not furnishing the return of income before the end of the relevant assessment year

SHRI RAJESH AJJAVARA ,BANGALORE vs. INCOME TAX OFFICER WARD-5(3)(1), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri N.V. Vasudevan & Shri D.S. Sunder Singh

271 F of the Act nowhere mentions that for levying :- 5 -: ITA Nos.2604 to 2606/Bang/2018 & penalty under this section, there should be willful and deliberate omissions on the part of the assessee. Besides, filing of return as per Section 139(4) would not dilute infraction of not furnishing the return of income before the end of the relevant assessment year

M/S TEJATS NETWORKS LIMITED ,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL , BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

DCIT, BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

ASST.C.I.T., BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

TEJAS NETWORKS LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

TEJAS NETWORKS LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

M/S. TEJAS NETWORKS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, BENGALURU

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

DCIT, BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

GMR ENERGY LIMITED,BENGALURU vs. ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271) 247-258 Head 247 (Supreme Court) note 4. The Ld. D.R. relied on the orders of the lower authorities. 5. We have heard the rival submissions and perused the materials available on record. In this case, assessee has filed the return of income for the assessment year 2019-20 on 30.11.2019 declaring a loss of Rs.70

GMR ENERGY LIMITED,BENGALURU vs. ASSISTANT DIRECTOR INCOME TAX, CPC, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271) 247-258 Head 247 (Supreme Court) note 4. The Ld. D.R. relied on the orders of the lower authorities. 5. We have heard the rival submissions and perused the materials available on record. In this case, assessee has filed the return of income for the assessment year 2019-20 on 30.11.2019 declaring a loss of Rs.70

PRAXAIR INDIA PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

In the result, the appeal filed by the assessee stands allowed as indicated hereinabove

244A of the Act. 11. Penalty proceedings under section 271(1)(c) of the Act The learned AO erred in law and on the facts and circumstance of the case by initiating penalty proceedings under section 271(1)(c) of the Act for furnishing inaccurate particulars of income. The appellant craves leave to add, alter, rescind and modify the grounds

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HUBBALLI vs. M/S. KARNATAKA VIKAS GRAMEEN BANK LIMITED, DHARWAD

In the result, the appeal of assessee is partly allowed and the appeal of the revenue is dismissed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

244A of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is levied are all not discernible and are wrong on the facts of the case 6. The Appellant craves leave of this Hon'ble Income Tax Appellate Tribunal to add, alter, delete or substitute

M/S KARNATAKA VIKAS GRAMEENA BANK,DHARWAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HUBBALLI

In the result, the appeal of assessee is partly allowed and the appeal of the revenue is dismissed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

244A of the Act is also bad in law as the period, rate, quantum and method of calculation adopted on which interest is levied are all not discernible and are wrong on the facts of the case 6. The Appellant craves leave of this Hon'ble Income Tax Appellate Tribunal to add, alter, delete or substitute