IBM UNITED KINGDOM LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 197, in respect to deductibility of tax on similar receipts - The CIT(A) highlighted that section 195(2) and section 197 of the Act are in the nature of safeguard sections to make sure that taxes are rightfully deducted on payments. - The CIT(A) has thereafter contended that the Assessee has not availed any of the safeguards and basis

IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 197, in respect to deductibility of tax on similar receipts - The CIT(A) highlighted that section 195(2) and section 197 of the Act are in the nature of safeguard sections to make sure that taxes are rightfully deducted on payments. - The CIT(A) has thereafter contended that the Assessee has not availed any of the safeguards and basis

ACIT, BANGALORE vs. SRI. T.G. RANGANATH, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

Section 132(4) of the Act and subsequently such statement is retracted, then the same was liable to be set aside. In the case of the assessee though the statement recorded u/s 133A doesn't have any evidentiary value, subsequently, such statement was retracted by the assessee for the valid reasons and therefore, the reassessment

T.G. RANGANATH,BANGALORE vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

Section 132(4) of the Act and subsequently such statement is retracted, then the same was liable to be set aside. In the case of the assessee though the statement recorded u/s 133A doesn't have any evidentiary value, subsequently, such statement was retracted by the assessee for the valid reasons and therefore, the reassessment

T.G. RANGANATH,BANGALORE vs. DCIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

Section 132(4) of the Act and subsequently such statement is retracted, then the same was liable to be set aside. In the case of the assessee though the statement recorded u/s 133A doesn't have any evidentiary value, subsequently, such statement was retracted by the assessee for the valid reasons and therefore, the reassessment

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, 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, 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 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

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

IBM UNITED KINGDOM LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment proceedings. - Reference to Explanation 3 to section 271(1)(c) of the Act was upheld (Page 10/11 of the CIT(A)'s order) - The CIT(A) has contended that mere acceptance of tax liability will not preclude the levy of the penalty on the assessee. - The CIT(A) has relied on the ruling of the Supreme Court

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2) , BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

reassessment proceedings. Reference to Explanation 3 to section 271(1)(c) of the Act was upheld (Page 10/11 of the CIT(A)'s order) In addition to the above, legal submissions, it is submitted that IBM India has reported such receipts in 3CEB Explanation 3 refers to the term 'reasonable cause'. Reliance can be placed on decision

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

133A of the Act • Purpose: To collect information regarding the financial affairs of a taxpayer. It is an investigative tool, primarily aimed at discovering facts that may lead to reopening of cases under section 147 of the Act on account of escapement of income. • Powers: Income Tax authorities can enter the business premises during working hours, inspect books of account

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

133A of the Act • Purpose: To collect information regarding the financial affairs of a taxpayer. It is an investigative tool, primarily aimed at discovering facts that may lead to reopening of cases under section 147 of the Act on account of escapement of income. • Powers: Income Tax authorities can enter the business premises during working hours, inspect books of account

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BENGALURU

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

133A of the Act • Purpose: To collect information regarding the financial affairs of a taxpayer. It is an investigative tool, primarily aimed at discovering facts that may lead to reopening of cases under section 147 of the Act on account of escapement of income. • Powers: Income Tax authorities can enter the business premises during working hours, inspect books of account

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

133A of the Act • Purpose: To collect information regarding the financial affairs of a taxpayer. It is an investigative tool, primarily aimed at discovering facts that may lead to reopening of cases under section 147 of the Act on account of escapement of income. • Powers: Income Tax authorities can enter the business premises during working hours, inspect books of account

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), BANGALORE

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

133A of the Act • Purpose: To collect information regarding the financial affairs of a taxpayer. It is an investigative tool, primarily aimed at discovering facts that may lead to reopening of cases under section 147 of the Act on account of escapement of income. • Powers: Income Tax authorities can enter the business premises during working hours, inspect books of account

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -1(2) , BANGALORE

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

133A of the Act • Purpose: To collect information regarding the financial affairs of a taxpayer. It is an investigative tool, primarily aimed at discovering facts that may lead to reopening of cases under section 147 of the Act on account of escapement of income. • Powers: Income Tax authorities can enter the business premises during working hours, inspect books of account