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)(1) , 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 ISRAEL 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

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

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

section 147 of the act did not exist or the same having not been complied with and consequently, the reassessment requires to be cancelled. 2. The Appellant crave leave to add, alter, amend, substitute, change and delete any of the grounds of appeal. 3. For the above and other grounds that may be urged at the time of hearing

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

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

section 147 of the act did not exist or the same having not been complied with and consequently, the reassessment requires to be cancelled. 2. The Appellant crave leave to add, alter, amend, substitute, change and delete any of the grounds of appeal. 3. For the above and other grounds that may be urged at the time of hearing

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

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

section 147 of the act did not exist or the same having not been complied with and consequently, the reassessment requires to be cancelled. 2. The Appellant crave leave to add, alter, amend, substitute, change and delete any of the grounds of appeal. 3. For the above and other grounds that may be urged at the time of hearing

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 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 & 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, 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 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

5 Centrica India Offshore (P) Ltd [2014] 44 taxmann.com 300 (Delhi) Unfavourable Delhi HC 25 April 2014 6 Marks & Spencer Reliance India Private Limited [2017] ITA No 893 of 2014 (Bom HC) (refer page 214 – 216 of PB) Favourable Bombay HC 3 May 2017 7 Morgan Stanley Asia (Singapore) Pte Ltd vs DDIT [2018] 95 taxmann.com 165 (Mumbai ITAT); Favourable

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

5 Centrica India Offshore (P) Ltd Unfavourable Delhi HC 25 April 2014 [2014] 44 taxmann.com 300 (Delhi) 6 Marks & Spencer Reliance India Private Limited [2017] Favourable Bombay HC 3 May 2017 ITA No 893 of 2014 (Bom HC) (refer page 214 – 216 of PB) 7 Morgan Stanley Asia Favourable Mumbai 6 July 2018 (Singapore) Pte Ltd vs DDIT

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

reassessment for those years. 26.4 Thus, it is inferred that the section 132 of the Act authorizes a search when the conditions under clauses (a), (b), or (c) are satisfied, primarily when the department has reason to believe that the person concerned: • is in possession of undisclosed assets, • is likely to not produce books of account if summoned

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

reassessment for those years. 26.4 Thus, it is inferred that the section 132 of the Act authorizes a search when the conditions under clauses (a), (b), or (c) are satisfied, primarily when the department has reason to believe that the person concerned: • is in possession of undisclosed assets, • is likely to not produce books of account if summoned

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

reassessment for those years. 26.4 Thus, it is inferred that the section 132 of the Act authorizes a search when the conditions under clauses (a), (b), or (c) are satisfied, primarily when the department has reason to believe that the person concerned: • is in possession of undisclosed assets, • is likely to not produce books of account if summoned

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

reassessment for those years. 26.4 Thus, it is inferred that the section 132 of the Act authorizes a search when the conditions under clauses (a), (b), or (c) are satisfied, primarily when the department has reason to believe that the person concerned: • is in possession of undisclosed assets, • is likely to not produce books of account if summoned