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

reassessment\nin cases where search has been conducted under section 132 or\nrequisition is made under section 132A does not provide for any\napproval for such assessment.\n50.2 A new section 153D

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

reassessment\nin cases where search has been conducted under section 132 or\nrequisition is made under section 132A does not provide for any\napproval for such assessment.\n\n50.2 A new section 153D

GOPAL S. PANDITH vs. DCIT,

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

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

reassessment order, as the case may be, is required to be passed by the Assessing Officer with the prior approval of the Commissioner under sub-section (12)of section 144BA.” The plain reading of the provisions of section 153D

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

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

153D. 16. We have carefully considered the submissions advanced by both sides. Section 153C of the Income-tax Act, 1961, contemplates the assessment of a person other than the person searched, provided that the Assessing Officer is satisfied that any money, bullion, jewellery, books of account, or documents seized or requisitioned during the course of a search under Section

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

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

153D. 16. We have carefully considered the submissions advanced by both sides. Section 153C of the Income-tax Act, 1961, contemplates the assessment of a person other than the person searched, provided that the Assessing Officer is satisfied that any money, bullion, jewellery, books of account, or documents seized or requisitioned during the course of a search under Section

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

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

153D. 16. We have carefully considered the submissions advanced by both sides. Section 153C of the Income-tax Act, 1961, contemplates the assessment of a person other than the person searched, provided that the Assessing Officer is satisfied that any money, bullion, jewellery, books of account, or documents seized or requisitioned during the course of a search under Section

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

section 153D of the Act which reads as under: . ITA Nos.372 to 374/Bang/2011 Page 4 of 16 “…………153D. No order of assessment or reassessment

M/S MSPL LIMITED,MUMBAI vs. ACIT, CENTRAL CIRCLE-2(1), BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

section 153D of the Act which reads as under: . ITA Nos.372 to 374/Bang/2011 Page 4 of 16 “…………153D. No order of assessment or reassessment

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

section 153D of the Act which reads as under: . ITA Nos.372 to 374/Bang/2011 Page 4 of 16 “…………153D. No order of assessment or reassessment

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Appeal of the assessee is dismissed\nas infructuous

153D of the Act.\n53.1 At the outset, we note that the issue raised by the assessee on\nmerit of the case has been decided in its favour. Accordingly, we do not\nfind any reason to adjudicate the impugned issue on hand. As such, we\nkeep the issue open. Both the Id. AR and the DR did not raise

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

In the result, the appeal by the assessee is partly allowed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2005-06

section 153D. 3. For the above and any other reasons which may be adduced at the time of hearing, it is prayed that the Order of the Assessing officer be directed to set aside. 4. The Appellant craves leave to add, to alter or amend all or any of the aforesaid grounds of appeal.” 3. Since the additional grounds

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

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

153D. 16. We have carefully considered the submissions advanced by both sides. Section 153C of the Income-tax Act, 1961, contemplates the assessment of a person other than the person searched, provided that the Assessing Officer is satisfied that any money, bullion, jewellery, books of account, or documents seized or requisitioned during the course of a search under Section

SMT. AAKRUTI RUIA,BENGALURU vs. DCIT, CENTRAL CIRCLE-1(2) , BENGALURU

In the result, the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2018-19

Section 153A to 153D have prevalence over the regular provisions for assessment or reassessment under Section 143 & 147/148. 9.3 Having

BMM ISPAT LIMITED,HOSPET vs. DCIT, BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

reassessment of the total income in the case of the other person contemplated in the section. In view of the assessments already being reopened and pending under section 153A of the Act, the parallel proceedings under section 153C of the Act is not contemplated under the Act. vii. Without prejudice to the above contention, the jurisdictional High Court

JOHN DEVELOPERS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

JOHN DISTILLERIES PVT LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

M/S. PAUL RESORTS & HOTELS PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

M/S. PAUL RESORTS & HOTELS PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment