DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1, BELLARY vs. SHRI. HOTHUR MOHAMED IQBAL, BALLARI

In the result, the C.O. of the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2015-16

iii). Failed to appreciate that the return of income was not filed under the jurisdiction of the learned ITO, Ward 1(1), Belgaum and further, there was no order u/s 127 transferring the jurisdiction of the case to the assessing officer at Bellary, contrary to the observations in para 6 of page 4 of his order. (iv). Failed to appreciate

M/S. IBM INDIA PVT. LTD.,,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-4(1)(2), BENGALURU

In the result appeal filed by assessee stands partly allowed

Bench: Shri. B. R. Baskaran & Smt. Beena Pillai

Section 92CC with the caption “Advance Pricing Agreement” provides through sub-section (1): `The Board, with the approval of the Central Government, may enter into an advance pricing agreement with any person, determining the arm's length price … in relation to an international transaction …’. Sub-section (2) gives the manner of determination of the ALP referred to in sub-section

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST ,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL , BANGALORE

iii) of sub-section (4) of section 12AB:\n5.0\nOn a reference being made by the AO as per second proviso to\nSection 143(3) of the Act, it is hereby proposed to invoke provisions of\nSection 12AB(4) of the Act that empower the Principal Commissioner or\nITA Nos.2106 to 2109/Bang/2024\nPage 35 of 81\nCommissioner to cancel registration

DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE- 1(3), BANGALORE vs. SHRI. T. NADAKRISHNA, BANGALORE

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 33 of 55 introduction of Section 153A

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1 (3) , BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 33 of 55 introduction of Section 153A

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 (3), BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 33 of 55 introduction of Section 153A

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 33 of 55 introduction of Section 153A

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1 (3) , BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 33 of 55 introduction of Section 153A

M/S SPR SPIRITS PVT.LTD. ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1 (3) , BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10. Under the block assessment proceeding under Chapter XIV-B only the undisclosed income found during the search and seizure operation were required to be assessed and the regular assessment proceedings were preserved. The ITA Nos.1658 to 1661/Bang/2018, ITA No.127/Bang/2020 & ITA 575/Bang/2020 M/s. SPR Spirits Pvt. Ltd., Bangalore & T. Nadakrishna, Bangalore Page 33 of 55 introduction of Section 153A

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

10 to 18)\nM/S TOYOTA TAUSHO INDIA PRIVATE LIMITED\nv. DCIT WP NO. 19053 OF 2021 (T-IT) (KAR HC)\n(para 7 & 8)\nYeshoda Electricals υ. Dy. CIT [ITA No.\n1175/B/2016, dated 03.02.2021] (Bang. – Trib.)\n(para 38 -39_\nVikas Gupta v. UOI [2022] 448 ITR 1 (Allahabad)\n(para 22 to 25)\nReference\nCLI 3 – Pg.\n1774

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL , BENGALURU

iii) of sub-section (4) of section 12AB:\n5.0\nOn a reference being made by the AO as per second proviso to\nSection 143(3) of the Act, it is hereby proposed to invoke provisions of\nSection 12AB(4) of the Act that empower the Principal Commissioner or\nPage 35 of 81\nITA Nos.2106 to 2109/Bang/2024\nCommissioner to cancel registration

SHRI M. THIMMEGOWDA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, both the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10 of 78 “At this point, it is appropriate to draw inference from the Hon’ble Karnataka High Court judgment in the case of Canara Housing Development Co. (supra). In that case, the Assessee, which was carrying on real estate business filed its return for AY 2008-2009. His case was taken up under Section

SHRI M. THIMMEGOWDA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, both the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

10 of 78 “At this point, it is appropriate to draw inference from the Hon’ble Karnataka High Court judgment in the case of Canara Housing Development Co. (supra). In that case, the Assessee, which was carrying on real estate business filed its return for AY 2008-2009. His case was taken up under Section

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

10 to 18)\nM/S TOYOTA TAUSHO INDIA PRIVATE LIMITED\nv. DCIT WP NO. 19053 OF 2021 (T-IT) (KAR HC)\n(para 7 & 8)\nYeshoda Electricals υ. Dy. CIT [ITA No.\n1175/B/2016, dated 03.02.2021] (Bang. – Trib.)\n(para 38 -39_\nVikas Gupta v. UOI [2022] 448 ITR 1 (Allahabad)\n(para 22 to 25)\nReference\nCLI 3 – Pg.\n1774

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

10. The contention of the ld. D.R. is that in this case, assessee had filed Return of Income for the assessment year 2015-2016 on 20.09.2015 declaring total income of Rs.89,39,000/-. A Search and Seizure action u/s.132 of the Income-tax Act, 1961 was carried out in the case of the assessee on 24.06.2016. Subsequent to the notice

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

10. The contention of the ld. D.R. is that in this case, assessee had filed Return of Income for the assessment year 2015-2016 on 20.09.2015 declaring total income of Rs.89,39,000/-. A Search and Seizure action u/s.132 of the Income-tax Act, 1961 was carried out in the case of the assessee on 24.06.2016. Subsequent to the notice

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

10. The contention of the ld. D.R. is that in this case, assessee had filed Return of Income for the assessment year 2015-2016 on 20.09.2015 declaring total income of Rs.89,39,000/-. A Search and Seizure action u/s.132 of the Income-tax Act, 1961 was carried out in the case of the assessee on 24.06.2016. Subsequent to the notice

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

10. The contention of the ld. D.R. is that in this case, assessee had filed Return of Income for the assessment year 2015-2016 on 20.09.2015 declaring total income of Rs.89,39,000/-. A Search and Seizure action u/s.132 of the Income-tax Act, 1961 was carried out in the case of the assessee on 24.06.2016. Subsequent to the notice

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

10. The contention of the ld. D.R. is that in this case, assessee had filed Return of Income for the assessment year 2015-2016 on 20.09.2015 declaring total income of Rs.89,39,000/-. A Search and Seizure action u/s.132 of the Income-tax Act, 1961 was carried out in the case of the assessee on 24.06.2016. Subsequent to the notice