M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 153A of the Act is bad in law in as much as it does not contain whether the learned Assessing Officer proposes to assess or reassess

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

reassessment, because\nof the non obstante clause begins with the said sections. The language used in these\nsections, i.e. 'notwithstanding anything contained' in section 139, section 147, sectior\n148, section 149, section 151 and section 153 made it clear that provisions of these\nsections are not made applicable to the assessments covered by the provisions o\nsection 153A

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

reassessment, because\nof the non obstante clause begins with the said sections. The language used in these\nsections, i.e. 'notwithstanding anything contained' in section 139, section 147, sectior\n148, section 149, section 151 and section 153 made it clear that provisions of these\nsections are not made applicable to the assessments covered by the provisions o\nsection 153A

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

reassessment, because\nof the non obstante clause begins with the said sections. The language used in these\nsections, i.e. 'notwithstanding anything contained' in section 139, section 147, sectior\n148, section 149, section 151 and section 153 made it clear that provisions of these\nsections are not made applicable to the assessments covered by the provisions o\nsection 153A

MR. D K SHIVAKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

In the result, we allow appeal filed by the assessee

reassessment, because\nof the non obstante clause begins with the said sections. The language used in these\nsections, i.e. 'notwithstanding anything contained' in section 139, section 147, sectior\n148, section 149, section 151 and section 153 made it clear that provisions of these\nsections are not made applicable to the assessments covered by the provisions o\nsection 153A

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

reassessment, because\nof the non obstante clause begins with the said sections. The language used in these\nsections, i.e. 'notwithstanding anything contained' in section 139, section 147, sectior\n148, section 149, section 151 and section 153 made it clear that provisions of these\nsections are not made applicable to the assessments covered by the provisions o\nsection 153A

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

reassessment proceedings under sections 147/48 of the Act, subject to fulfilment of the conditions mentioned in sections 147/148, as in such a situation, the Revenue cannot be left with no remedy. Therefore, even in case of block assessment under section 153A

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

reassessment proceedings under sections 147/48 of the Act, subject to fulfilment of the conditions mentioned in sections 147/148, as in such a situation, the Revenue cannot be left with no remedy. Therefore, even in case of block assessment under section 153A

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

reassessment proceedings under sections 147/48 of the Act, subject to fulfilment of the conditions mentioned in sections 147/148, as in such a situation, the Revenue cannot be left with no remedy. Therefore, even in case of block assessment under section 153A

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

reassessment proceedings under sections 147/48 of the Act, subject to fulfilment of the conditions mentioned in sections 147/148, as in such a situation, the Revenue cannot be left with no remedy. Therefore, even in case of block assessment under section 153A

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

reassessment proceedings under sections 147/48 of the Act, subject to fulfilment of the conditions mentioned in sections 147/148, as in such a situation, the Revenue cannot be left with no remedy. Therefore, even in case of block assessment under section 153A

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

153A (unlike section 158BC(a) in block assessment)\nwith no necessity for inference of escapement of income or under\nassessment as under section 147. Should it mean that a mere search\nwill enable reassessment

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 153A. The time-limit prescribed for completion of an assessment or reassessment by Section 153 has also been done

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 153A. The time-limit prescribed for completion of an assessment or reassessment by Section 153 has also been done

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

section 153A of the Act is bad in law in as\nmuch as it does not contain whether the learned Assessing Officer\nproposes to assess or reassess

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

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

section 153A of the Act is bad in law in as\nmuch as it does not contain whether the learned Assessing Officer\nproposes to assess or reassess

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

section 153A of the Act is bad in law in as\nmuch as it does not contain whether the learned Assessing Officer\nproposes to assess or reassess

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

reassessment shall be\npassed” and “except” emphasize that the provisions of Section 153D\nhave to be strictly construed. Further, Section 153D uses the word\n“shall” that clearly indicates the provision to be mandatory.\n4.2. Section 153D emphasis the phrase “in respect of each assessment\nyear”. In this regard, a reference may be made to Section 153A