DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE vs. SHRI PETER CADDY , BANGALORE

In the result, all the appeals filed by the revenue in ITA

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1630 To 1633/Bang/2018 Assessment Years: 2008-09, 2009-10, 2010-11 & 2012-13 Respectively

search and seizure action under Section 132 of the Act conducted in the case of the assessee. The seizure of incriminating material is not at all relevant so far as the initiation of proceedings under Section 153A are concerned. However in the case of reassessment

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE vs. SHRI PETER CADDY , BANGALORE

In the result, all the appeals filed by the revenue in ITA

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1630 To 1633/Bang/2018 Assessment Years: 2008-09, 2009-10, 2010-11 & 2012-13 Respectively

search and seizure action under Section 132 of the Act conducted in the case of the assessee. The seizure of incriminating material is not at all relevant so far as the initiation of proceedings under Section 153A are concerned. However in the case of reassessment

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE vs. SHRI PETER CADDY , BANGALORE

In the result, all the appeals filed by the revenue in ITA

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1630 To 1633/Bang/2018 Assessment Years: 2008-09, 2009-10, 2010-11 & 2012-13 Respectively

search and seizure action under Section 132 of the Act conducted in the case of the assessee. The seizure of incriminating material is not at all relevant so far as the initiation of proceedings under Section 153A are concerned. However in the case of reassessment

SHRI PETER CADDY ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE

In the result, all the appeals filed by the revenue in ITA

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1630 To 1633/Bang/2018 Assessment Years: 2008-09, 2009-10, 2010-11 & 2012-13 Respectively

search and seizure action under Section 132 of the Act conducted in the case of the assessee. The seizure of incriminating material is not at all relevant so far as the initiation of proceedings under Section 153A are concerned. However in the case of reassessment

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE vs. SHRI PETER CADDY , BANGALORE

In the result, all the appeals filed by the revenue in ITA

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1630 To 1633/Bang/2018 Assessment Years: 2008-09, 2009-10, 2010-11 & 2012-13 Respectively

search and seizure action under Section 132 of the Act conducted in the case of the assessee. The seizure of incriminating material is not at all relevant so far as the initiation of proceedings under Section 153A are concerned. However in the case of reassessment

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

seizure of documents from the Appellant's premises if there was no search in the Appellant's case as all the seized documents allegedly belonged to -the Appellant alone and not to Mr Salian. ITA Nos.1117 to 1119/Bang/2022 Mohammed Mujeeb Sikander, Mangalore Page 6 of 131 g. holding that the defect, if any, of issuing notice under the inapplicable section

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

seizure of documents from the Appellant's premises if there was no search in the Appellant's case as all the seized documents allegedly belonged to -the Appellant alone and not to Mr Salian. ITA Nos.1117 to 1119/Bang/2022 Mohammed Mujeeb Sikander, Mangalore Page 6 of 131 g. holding that the defect, if any, of issuing notice under the inapplicable section

SMT.VIDYA DEVI LADHANI,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the appeals of the assessees are allowed

Bench: Shri Vijay Pal Rao

reassessment in which apart from the undisclosed income unearthed during the search and seizure proceedings, the Assessing Officer can reassess

M/S. CONCORDE HOUSING CORPORATION PRIVATE LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BENGALURU

In the result, appeal of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

reassess the income in absence of any incriminating material found and seized during the course of search or post search enquiry. In the case in hand, we find that the entire basis of the additional income assessed to tax in the proceedings U/s 153A of the Act is the statement of the assessee

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

reassessment for the\nrelevant years shall abate from the “date of initiation of the search” and\nnot from the date of completion. This statutory language unambiguously\nestablishes that the initiation date is the decisive point for determining\nthe “search year.”\n\n9.2.4 The learned DR stressed that the statute itself provides clarity on\nthis matter, leaving no ambiguity. The date

THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU vs. M/S. BLUELINE FOODS (INDIA) PVT. LTD.,, MANGALURU

seizure action under section 132\nof the Income-tax Act on SSKI Group and by warrant dated 1-8-2003,\nthe assessee was also covered under the search. The premises whereas\nthe assessee was found was not searched.\n23. The Tribunal though cannot determine the Propriety of search but\nthe Tribunal has the inherent power to verify that there

SRI. ARSHAD ISPAT,HOSPET vs. DCIT, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessmentyear: 2010-11

seizure operations conducted in the hands of Shri B Nagendra. Subsequently, all the cases were centralized with Deputy Commissioner of Income-tax, Central Circle -2(3), Bengaluru. Hence the assessing officer of the “searched person” and “other ITA Nos.926, 928, 929, 930 & 931/Bang/2015 M/s. Arshad Ispat, Sri Asghar Khan & M/s. Arshad Exports, Hospet Page 3 of 12 persons, being

SRI. K. ASGHAR KHAN,HOSPET vs. DCIT, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessmentyear: 2010-11

seizure operations conducted in the hands of Shri B Nagendra. Subsequently, all the cases were centralized with Deputy Commissioner of Income-tax, Central Circle -2(3), Bengaluru. Hence the assessing officer of the “searched person” and “other ITA Nos.926, 928, 929, 930 & 931/Bang/2015 M/s. Arshad Ispat, Sri Asghar Khan & M/s. Arshad Exports, Hospet Page 3 of 12 persons, being

M/S ARSHAD EXPORTS,HOSPET vs. DCIT, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessmentyear: 2010-11

seizure operations conducted in the hands of Shri B Nagendra. Subsequently, all the cases were centralized with Deputy Commissioner of Income-tax, Central Circle -2(3), Bengaluru. Hence the assessing officer of the “searched person” and “other ITA Nos.926, 928, 929, 930 & 931/Bang/2015 M/s. Arshad Ispat, Sri Asghar Khan & M/s. Arshad Exports, Hospet Page 3 of 12 persons, being

M/S ARSHAD EXPORTS,HOSPET vs. DCIT, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessmentyear: 2010-11

seizure operations conducted in the hands of Shri B Nagendra. Subsequently, all the cases were centralized with Deputy Commissioner of Income-tax, Central Circle -2(3), Bengaluru. Hence the assessing officer of the “searched person” and “other ITA Nos.926, 928, 929, 930 & 931/Bang/2015 M/s. Arshad Ispat, Sri Asghar Khan & M/s. Arshad Exports, Hospet Page 3 of 12 persons, being

SRI. K. ASGHAR KHAN,HOSPET vs. DCIT, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessmentyear: 2010-11

seizure operations conducted in the hands of Shri B Nagendra. Subsequently, all the cases were centralized with Deputy Commissioner of Income-tax, Central Circle -2(3), Bengaluru. Hence the assessing officer of the “searched person” and “other ITA Nos.926, 928, 929, 930 & 931/Bang/2015 M/s. Arshad Ispat, Sri Asghar Khan & M/s. Arshad Exports, Hospet Page 3 of 12 persons, being

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

reassessment shall abate\nfrom the date of initiation of the search, leaving no scope to treat the\nconclusion date as relevant.\n12.4 The language of section 153B(1) of the Act also supports this\ninterpretation. The provision only prescribes the time limit for completing\nassessments and does not redefine what constitutes a “search year.”\nTherefore, the determination of the “search

ASST.C.I.T., MANGALORE vs. DR. YUSUF KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

reassessment is altered by a different assessment in respect of searched person or in respect of third party. In this regard, reference may be made to the decision of Apex Court in case of M/s. Calcutta Knitwear (supra) and based on the said decision, the CBDT has also issued circular dated 31.12.2015 vide No.24/2015.The relevant extract of the circular