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

253(5) of the Act, the Tribunal may admit an appeal filed beyond the period of limitation where it is established that there exists a sufficient cause on the part of the assessee for not presenting the appeal within the prescribed time. 6.1. The explanation therefore, becomes relevant to determine whether the same reflects sufficient and reasonable cause

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

253(5) of the Act, the Tribunal may admit an appeal filed beyond the period of limitation where it is established that there exists a sufficient cause on the part of the assessee for not presenting the appeal within the prescribed time. 6.1. The explanation therefore, becomes relevant to determine whether the same reflects sufficient and reasonable cause

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

253(5) of the Act, the Tribunal may admit an appeal filed beyond the period of limitation where it is established that there exists a sufficient cause on the part of the assessee for not presenting the appeal within the prescribed time. 6.1. The explanation therefore, becomes relevant to determine whether the same reflects sufficient and reasonable cause

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(2), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

penalty levied u/s 271(1)(c) of the Act. There was a delay of 346 days in filing the appeal before NFAC. The assessee filed a condonation petition before NFAC explaining the reasons for the inordinate delay in filing the appeal before NFAC and the NFAC has observed as follows: “5………………..The appellant has stated that this inordinate delay

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1) , BANGALORE

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

penalty levied u/s 271(1)(c) of the Act. There was a delay of 346 days in filing the appeal before NFAC. The assessee filed a condonation petition before NFAC explaining the reasons for the inordinate delay in filing the appeal before NFAC and the NFAC has observed as follows: “5………………..The appellant has stated that this inordinate delay

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

penalty levied u/s 271(1)(c) of the Act. There was a delay of 346 days in filing the appeal before NFAC. The assessee filed a condonation petition before NFAC explaining the reasons for the inordinate delay in filing the appeal before NFAC and the NFAC has observed as follows: “5………………..The appellant has stated that this inordinate delay

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.

penalty levied u/s 271(1)(c) of the Act. There was a delay of 346 days in filing the appeal before NFAC. The assessee filed a condonation petition before NFAC explaining the reasons for the inordinate delay in filing the appeal before NFAC and the NFAC has observed as follows: “5………………..The appellant has stated that this inordinate delay

M/S. SRI. MUTHU CINE SERVICE,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 271(1)(c)/270A of the Act 6. 6 months from the 31.12.2021 31.12.2021 31.12.2021 31.12.2021 31.12.2021 end of the month in which action for imposition of penalty initiated 7. Decision Time barred Time Time barred Time barred Time barred barred M/s. Sri Muthu Cine Service, Bangalore 6.1 Before proceeding further, it is apposite here to take note

M/S. SRI. MUTHU CINE SERVICE,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -2(1), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 271(1)(c)/270A of the Act 6. 6 months from the 31.12.2021 31.12.2021 31.12.2021 31.12.2021 31.12.2021 end of the month in which action for imposition of penalty initiated 7. Decision Time barred Time Time barred Time barred Time barred barred M/s. Sri Muthu Cine Service, Bangalore 6.1 Before proceeding further, it is apposite here to take note

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeals are allowed for statistical purpose

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

u/s 271E is cash repayments reflected by the assessee himself and it is the failure of the assessee to explain the same satisfactorily which has resulted the Range Head levying the pelanty. The fact of cash advance received, which is in fact admitted by the assessee himself, and application of section 269T 6. For these and such other grounds that

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeals are allowed for statistical purpose

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

u/s 271E is cash repayments reflected by the assessee himself and it is the failure of the assessee to explain the same satisfactorily which has resulted the Range Head levying the pelanty. The fact of cash advance received, which is in fact admitted by the assessee himself, and application of section 269T 6. For these and such other grounds that

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeals are allowed for statistical purpose

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

u/s 271E is cash repayments reflected by the assessee himself and it is the failure of the assessee to explain the same satisfactorily which has resulted the Range Head levying the pelanty. The fact of cash advance received, which is in fact admitted by the assessee himself, and application of section 269T 6. For these and such other grounds that

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeals are allowed for statistical purpose

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

u/s 271E is cash repayments reflected by the assessee himself and it is the failure of the assessee to explain the same satisfactorily which has resulted the Range Head levying the pelanty. The fact of cash advance received, which is in fact admitted by the assessee himself, and application of section 269T 6. For these and such other grounds that

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeals are allowed for statistical purpose

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

u/s 271E is cash repayments reflected by the assessee himself and it is the failure of the assessee to explain the same satisfactorily which has resulted the Range Head levying the pelanty. The fact of cash advance received, which is in fact admitted by the assessee himself, and application of section 269T 6. For these and such other grounds that

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI CGANGADHARA MURTHY , BANGALORE

In the result, the appeals are allowed for statistical purpose

Bench: Shri N. V. Vasudevan & Shri Chandra Poojari

u/s 271E is cash repayments reflected by the assessee himself and it is the failure of the assessee to explain the same satisfactorily which has resulted the Range Head levying the pelanty. The fact of cash advance received, which is in fact admitted by the assessee himself, and application of section 269T 6. For these and such other grounds that

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

253 in para 38 to 48 and at p. 256 para 60 of the order. The next argument, advanced by the ld. counsel for the assessee 9. was that the amount in question received by the trust being from trustee itself, the transaction was neither of loan nor deposits and in any case, was not in contravention of s. 269SS

M/S. SRI. MUTHU CINE SERVICE,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BENGALURU

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 271(1)(c)/270A the Act of 6. 6 months from the 31.12.2021 end of the month in which action for imposition of penalty initiated 7. Decision 14.01.2022 14.01.2022 14.01.2022 14.01.2022 Rs.83,430/- Rs.1,33,488/- Rs.3,53,187/- Rs.4,20,586/- 15.02.2022 15.02.2022 15.02.2022 15.02.2022 31.12.2021 31.12.2021 31.12.2021 31.12.2021 Time barred Time barred Time barred Time barred Time

KOTARKI CONSTRUCTION PVT LTD ,BIDAR vs. JOINT COMMISSIONER OF INCOME TAX GULBARGA RANGE , GULBARGA

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2010-11

253 (Bombay) wherein it was held as follows:- “ In assessment proceedings, revenue forms an opinion, prima facie or otherwise, to launch penalty proceedings against the assessee. But that translates into action only through the statutory notice under section 271(1)(c), read with section 274 . True, the assessment proceedings form the basis for the penalty proceedings, but they