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

271(1)(c) and 271E of the Act. Admittedly, under section 271E(2) of the Act, any penalty under section 271E(1)can only be imposed by the Joint Commissioner of Income-tax (“the Joint CIT”).Consequently, the Assessing Officer referred the matter to the Additional Commissioner of Income-tax. 3. A perusal of the order dated March

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

271(1)(c) and 271E of the Act. Admittedly, under section 271E(2) of the Act, any penalty under section 271E(1)can only be imposed by the Joint Commissioner of Income-tax (“the Joint CIT”).Consequently, the Assessing Officer referred the matter to the Additional Commissioner of Income-tax. 3. A perusal of the order dated March

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

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

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

271(1)(c) and 271E\nof the Act. Admittedly, under section 271E(2) of the Act, any penalty under\nsection 271E(1)can only be imposed by the Joint Commissioner of Income-tax\n(“the Joint CIT").Consequently, the Assessing Officer referred the matter to\nthe Additional Commissioner of Income-tax.\n3. A perusal of the order dated March

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

271(1)(c) and 271E\nof the Act. Admittedly, under section 271E(2) of the Act, any penalty under\nsection 271E(1)can only be imposed by the Joint Commissioner of Income-tax\n(“the Joint CIT").Consequently, the Assessing Officer referred the matter to\nthe Additional Commissioner of Income-tax.\n3. A perusal of the order dated March

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

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

271(1)(c) and 271E\nof the Act. Admittedly, under section 271E(2) of the Act, any penalty under\nsection 271E(1)can only be imposed by the Joint Commissioner of Income-tax\n(“the Joint CIT").Consequently, the Assessing Officer referred the matter to\nthe Additional Commissioner of Income-tax.\n3. A perusal of the order dated March

SREE RAJENDRA SURI GURUMANDIR TRUST ,BENGALURU vs. INCOME TAX OFFICER,(EXEMPTION) WARD-3,, BANGALORE

In the result, appeal of the assessee is allowed

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan Kassessment Year : 2015-16 Sree Rajendrasuri Gurumandir Trust, Vs. The Income Tax Officer (Exemptions), 25 & 25/1, Jain Temple Road, Ward – 3, Vishwweswarapuram, Bengaluru. Bengaluru – 560 004. Pan : Aajts 8921 K Appellant Respondent Assessee By : Smt. Suman Lunkar, Ar. Revenue By : Shri. Subramanian, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 28.11.2024 Date Of Pronouncement : 04.12.2024 O R D E R Per Laxmi Prasad Sahuthis Appeal Is Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre (Nfac) [Din & Order No.Itba/Nfac/S/250/2023-24/1056681273 (1)] Dated 30.09.2023. 2. The Sole & Substantiating Ground Raised By The Assessee To Challenge Order Of Nfac Confirming The Penalty Levied By The Ao Of Rs.54,700/- Under Section 272A(2)(E) Of The Act, For Delay In Filing The Return Of Income. The Due Date For Filing Return Of Income Was 30.09.2015 But The Assessee Filed Its Return On 31.03.2017. Accordingly, Ao Levied Penalty Under Section 272A(2)(E) Of The Act Of Rs.54,700/-. Page 2 Of 9 3. At The Outset Of Hearing, The Learned Counsel Drew Our Attention That The Appeal Filed By The Assessee Is Barred By 328 Days. However, The Registry Has Not Raised Any Defect Memo For Delay In Filing The Appeal. An Application Dated 22.11.2024 Has Been Filed By The Assessee Stating Therein The Reasons For Delay In Filing The Assessee Which Is As Under:

90 ITD 248, she submitted that the Tribunal in the said decision has held that there should be a reasonable time within which penalty proceeding is to be initiated or to be completed. Even if a time is not prescribed under the law, however, the penalty cannot hang on the head of an assessee as sword of Damocles indefinitely

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

penalty proceedings u/s 271(1)(c) of the Act is\ninitiated separately.\n14.5 With regard to Undisclosed income from transport business\nthe ld. D.R. submitted that during the course of search, a document\nA/JDPL/12 was found and seized. It contained entries relating to\nincome earned by the assessee while returning from the various\ndepots of KSBCL. The alcohol manufactured

CHARLES RIVER LABORATORIES INC.,UNITED STATES vs. ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-2(1), BANGALORE

In the result, all the three appeals filed by the assessee stands allowed

penalty proceedings under section 271(1)(c) and section 271F of the Act. All the above grounds are without prejudice to each other. The Appellant craves for leave to add. amend, vary, omit or substitute or withdraw any of the aforesaid grounds at any time before or at the time of hearing of the matter with the Income Tax Appellate

CHARLES RIVER LABORATORIES INC.,UNITED STATES vs. ASSISTANT COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-2(1), BANGALORE

In the result, all the three appeals filed by the assessee stands allowed

penalty proceedings under section 271(1)(c) and section 271F of the Act. All the above grounds are without prejudice to each other. The Appellant craves for leave to add. amend, vary, omit or substitute or withdraw any of the aforesaid grounds at any time before or at the time of hearing of the matter with the Income Tax Appellate

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

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE vs. ONMOBILE GLOBAL LIMITED, BENGALURU

In the result, the appeals filed by the assessee as well as revenue stands partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 245/Bang/2023 Assessment Year : 2012-13 M/S. Onmobile Global Ltd., Tower #1, 94/1C & 94/2, The Deputy Veerasandra Village, Commissioner Attibele Hobli, Of Income Tax, Anekal Taluk, Circle – 5(1)(2), Electronic City Phase – 1, Vs. Bangalore. Bangalore – 560 100. Pan: Aaaco3900E Appellant Respondent & Assessment Year : 2012-13 M/S. Onmobile Global Ltd., Tower #1, 94/1C & The Deputy 94/2, Commissioner Of Veerasandra Village, Income Tax, Attibele Hobli, Central Circle – 1(2), Anekal Taluk, Bangalore. Vs. Electronic City Phase – 1, Bangalore – 560 100. Pan: Aaaco3900E Appellant Respondent : Shri T. Suryanarayana, Assessee By Senior Advocate Revenue By : Shri D.K. Mishra, Cit-Dr

penalty proceedings under section 271(1)(c) of the Act. ii) The learned AO erred in concluding that the Appellant has furnished inaccurate particulars of such income. Page 4 IT(TP)A No. 245/Bang/2023 & Each of the above grounds is independent and without prejudice to the other grounds of appeal preferred by the Appellant. The Appellant craves leave