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

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

section 153A and after filing of return of income, the assessment to be made by the AO will be assessment or reassessment has to be ITA Nos.1211 to 1217/Bang/2019 Page 35 of 73 determined afterwards and not at the time of issue of notice u/s 153A. In this view of the matter, we find no merit in this technical objection

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

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

section 153A and after filing of return of income, the assessment to be made by the AO will be assessment or reassessment has to be ITA Nos.1211 to 1217/Bang/2019 Page 35 of 73 determined afterwards and not at the time of issue of notice u/s 153A. In this view of the matter, we find no merit in this technical objection

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

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

section 153A and after filing of return of income, the assessment to be made by the AO will be assessment or reassessment has to be ITA Nos.1211 to 1217/Bang/2019 Page 35 of 73 determined afterwards and not at the time of issue of notice u/s 153A. In this view of the matter, we find no merit in this technical objection

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

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

section 153A and after filing of return of income, the assessment to be made by the AO will be assessment or reassessment has to be ITA Nos.1211 to 1217/Bang/2019 Page 35 of 73 determined afterwards and not at the time of issue of notice u/s 153A. In this view of the matter, we find no merit in this technical objection

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

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

section 153A and after filing of return of income, the assessment to be made by the AO will be assessment or reassessment has to be ITA Nos.1211 to 1217/Bang/2019 Page 35 of 73 determined afterwards and not at the time of issue of notice u/s 153A. In this view of the matter, we find no merit in this technical objection

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

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

section 153A and after filing of return of income, the assessment to be made by the AO will be assessment or reassessment has to be ITA Nos.1211 to 1217/Bang/2019 Page 35 of 73 determined afterwards and not at the time of issue of notice u/s 153A. In this view of the matter, we find no merit in this technical objection

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

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

section 153A and after filing of return of income, the assessment to be made by the AO will be assessment or reassessment has to be ITA Nos.1211 to 1217/Bang/2019 Page 35 of 73 determined afterwards and not at the time of issue of notice u/s 153A. In this view of the matter, we find no merit in this technical objection

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

reassessed. In the accepted the credit in the name of Mr. Sunil Patil of Rs.42 lakhs and there is no evidence or seized material found during the search to support the undisclosed income. However from the record produced before us, we find that the assessee has filed a return of income on 3.2.2010 along with the Balance Sheet wherein this

SRI RATHAN BABULAL LATH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2009-10

160/-. The assessee also requested the AO to drop the proceedings u/s 153A of the Act, however, the AO framed the assessment u/s 153A of the Act as follows:- “8.1 During the Financial Year: 2008-09 relevant to assessment year: 2009-10 the assessee had given an amount of Rs 60 crores to one Sri Navneet Singhania for investment

SRI RAJESH KUMAR,BANGALORE vs. ACIT, BANGALORE

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2005-06

reassessment proceedings if any relating to any Assessment Year falling within the period of six Assessment Years pending on the date of initiation of the search shall abate. Hence if the income for Assessment Year 2005- 06 for which assessment pending on the date of search on 30.09.2005 cannot be assessed u/s. 153A then such income will remain unassessed because

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each A Y on the ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 42 of 89 basis of the findings of the search

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each A Y on the ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 42 of 89 basis of the findings of the search

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each A Y on the ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 42 of 89 basis of the findings of the search

K. G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each A Y on the ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 42 of 89 basis of the findings of the search

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each A Y on the ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 42 of 89 basis of the findings of the search

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each A Y on the ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 42 of 89 basis of the findings of the search

RAHUL MEKA ,BENGALURU vs. INCOME TAX OFFICER, WARD INTERNATIONAL TAXATION-1(2) , BENGALURU

In the result, appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

reassessment notice. 80. In Ashish Agarwal (supra), this Court directed that Section 148 notices which were challenged before various High Courts "shall be deemed to have been issued under section 148-A of the Income-tax Act as substituted by the Finance Act, 2021 and construed or treated to be show-cause notices in terms of Section

MR. YUNUS ZIA,BANGALORE vs. DCIT, BANGALORE

In the result, all the five appeals of the assessee are allowed in the terms indicated above

Bench: Shri N. V. Vasudevan & Shri A. K. Garodia

160 to 194 of the Paper Book. 4. In reply, learned DR of the revenue placed reliance on the judgment of Hon’ble Karnataka High Court rendered in the case of Canara Housing Development Company vs CIT (Supra) and in the case of GMR (Supra) and submitted that in the case of PCIT vs. GMR Energy Limited