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524 results for “reassessment”+ Section 2(47)(v)clear

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Delhi1,238Mumbai1,118Bangalore524Chennai463Jaipur330Ahmedabad282Hyderabad170Kolkata156Chandigarh142Raipur108Indore102Pune99Visakhapatnam76Amritsar67Guwahati49Surat47Nagpur45Rajkot45Telangana41Karnataka41Cochin41Lucknow40Cuttack39Patna37Agra25Jodhpur22Allahabad19SC16Ranchi12Dehradun11Orissa6Calcutta5Rajasthan4Varanasi3Kerala2K.S. RADHAKRISHNAN A.K. SIKRI1Jabalpur1A.K. SIKRI ROHINTON FALI NARIMAN1Uttarakhand1

Key Topics

Addition to Income82Section 153A61Section 13260Section 14856Section 143(3)49Section 153C47Section 14732Section 133A32Section 14A31Disallowance

M/S PRESTIGE ESTATES PROJECTS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-18(1), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 813/BANG/2019[2014-15]Status: DisposedITAT Bangalore02 Mar 2021AY 2014-15

Bench: Shri N.V.Vasudevan, Vp & Shri Chandra Poojari, Am

For Appellant: Sri.Padamchand Khincha, CAFor Respondent: Smt.R.Premi, JCIT-DR
Section 191Section 194Section 201Section 201(1)Section 206ASection 4

section 53A of the Transfer of Property Act. This agreement cannot, therefore, be said to be in the nature of a contract referred to in section 53A of the Transfer of Property Act. It cannot, therefore, be said that the provisions of section 2(47)(v) will apply in the situation before us. Considering the facts and circumstances

Showing 1–20 of 524 · Page 1 of 27

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29
Reassessment17
Survey u/s 133A15

M/S AGNUS HOLDINGS PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

ITA 410/BANG/2016[2006-07]Status: DisposedITAT Bangalore01 Sept 2021AY 2006-07

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2006-07

For Appellant: Smt. Sheetal Borkar, AdvocateFor Respondent: Shri N.S. Shasidhar, Addl. CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148

reassessment, held as under:- 1. The assessee has derived a short term capital gain by entering into a JDA on 15 3 2006 itself. 2. Since the cost of construction as per M/s Plama Developers Pvt. Ltd. is Rs 1600/per square feet (the cost for completion of the project which lasted about 4 years time from the date Page

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeal filed by the Revenue is allowed for statistical purpose

ITA 2400/BANG/2018[2012-13]Status: DisposedITAT Bangalore16 Aug 2022AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahuthe Dy. Commissioner Of Vs Shri C. Gangadhara Murthy Income-Tax, No. 322, 3Rd A Corss, 2Nd Block Circle - 6(2)(1) 3Rd Stage, Basaveshwaranagar Bangalore . Bangalore 560079. Pan – Agipg 2668 N (Appellant) (Respondent)

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT-DR
Section 142(1)Section 143(1)Section 143(2)Section 147Section 148Section 2

reassessment under section 147/148(1) and when any escapement of income is found even in an assessment made under section 147/148(1) still then notice under section 148(1) can be issued by assuming jurisdiction under that section. Finally, the ld. DR relied on the decisions in the case of Rajesh Jhaveri Stock Brokers (P.) Ltd. (supra), CIT v. Abad

SHRI. K V SATISH BABU [HUF],MYSURU vs. THE INCOME TAX OFFICER, WARD-2[1], MYSURU

In the result, the appeal filed by assessee stands allowed

ITA 42/BANG/2023[2011-12]Status: DisposedITAT Bangalore25 May 2023AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12

For Respondent: Shri V. Srinivasan
Section 147Section 148Section 2Section 2(47)(v)Section 234

section 2[47][v] of the Act were not applicable to the appellant's case for the year under appeal since the appellant had given possession over the agricultural lands to the Developer on 20/12/2012 that too after conversion of the said lands for nonagricultural purposes on 03/12/2012 and accordingly, the appellant had recognized transfer of the capital assets

SRI. KEMPANNA (HUF - DISRUPTED),BANGALORE vs. DCIT, BANGALORE

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

ITA 278/BANG/2016[2006-07]Status: DisposedITAT Bangalore28 Sept 2018AY 2006-07

Bench: Shri Sunil Kumar Yadav & Shri Arun Kumar Garodiaassessment Year : 2006-07

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Shri N. Sukumar, Addl. CIT (DR)
Section 144Section 148

47][v] of the Act read with Section 53A of the Transfer of Property Act prior to enactment of Section 50-D of the Act which is with effect from 01/04/2013 and consequently, no capital gains was assessable at all from this angle of the matter as well. 10.2 Thirdly and without prejudice to the above, the learned

M/S ATRIA POWER CORPROATION LTD.,,BANGALORE vs. ITO, BANGALORE

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

ITA 1394/BANG/2013[2010-11]Status: DisposedITAT Bangalore22 Dec 2017AY 2010-11

Bench: Shri Sunil Kumar Yadav & Shri A.K. Garodiaassessment Year : 2010-11

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri H.L. Sowmya Achar, Addl. CIT(DR)(ITAT), Bengaluru
Section 115JSection 211Section 234Section 80I

reassessment proceedings on this short ground. 6. Learned Departmental Representative, on the other hand, vehemently relies upon the orders of the authorities below and submits that there is no specific exclusion clause for the banking companies, and in the absence of such a clause, it is not open to us to infer the same. The submission of the learned counsel

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE

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

ITA 555/BANG/2018[2007-08]Status: DisposedITAT Bangalore11 Oct 2021AY 2007-08

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri H.N. Khincha, CAFor Respondent: Smt. H. Kabila, Addl.CIT(DR)(ITAT), Bengaluru
Section 234BSection 69

reassessment notice issued under section 148 in a case where the original assessment was made under section 143(1) cannot be challenged on the ground of a mere change of opinion, still it is open to an assessee to challenge the notice on the ground that there is no reason to believe that income chargeable to tax has escaped assessment

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), , BANGALORE

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

ITA 554/BANG/2018[2006-07]Status: DisposedITAT Bangalore11 Oct 2021AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri H.N. Khincha, CAFor Respondent: Smt. H. Kabila, Addl.CIT(DR)(ITAT), Bengaluru
Section 234BSection 69

reassessment notice issued under section 148 in a case where the original assessment was made under section 143(1) cannot be challenged on the ground of a mere change of opinion, still it is open to an assessee to challenge the notice on the ground that there is no reason to believe that income chargeable to tax has escaped assessment

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

ITA 296/BANG/2020[2007-08]Status: DisposedITAT Bangalore09 Feb 2022AY 2007-08

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri L Bharath, C.AFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 153A

reassessment proceedings Assessing Officer after considering stand taken by assessee held that since original development agreement and power of attorney were cancelled, it could not be treated as transfer under section 2(47) - However, AO treated advance received by assessee as windfall gain assessable as income from other sources - Whether since reopening of assessment was by invoking section 2(47

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

ITA 297/BANG/2020[2008-09]Status: DisposedITAT Bangalore09 Feb 2022AY 2008-09

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri L Bharath, C.AFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 153A

reassessment proceedings Assessing Officer after considering stand taken by assessee held that since original development agreement and power of attorney were cancelled, it could not be treated as transfer under section 2(47) - However, AO treated advance received by assessee as windfall gain assessable as income from other sources - Whether since reopening of assessment was by invoking section 2(47

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

ITA 295/BANG/2020[2006-07]Status: DisposedITAT Bangalore09 Feb 2022AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri L Bharath, C.AFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 153A

reassessment proceedings Assessing Officer after considering stand taken by assessee held that since original development agreement and power of attorney were cancelled, it could not be treated as transfer under section 2(47) - However, AO treated advance received by assessee as windfall gain assessable as income from other sources - Whether since reopening of assessment was by invoking section 2(47

SRI PANATI VITTALANATH REDDY,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BANGALORE

In the result, the appeal of the assessee is partly allowed for the assessment year 2015-16

ITA 1770/BANG/2017[2015-16]Status: DisposedITAT Bangalore26 Feb 2020AY 2015-16

Bench: Smt. Beena Pillai & Shri O.P.Meena

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Sri. S.T Seshadri, Sr. D.R
Section 143Section 143(3)Section 153ASection 153CSection 234

reassess the income of the other person in accordance with the provisions of section 153A, if, that Assessing Officer is satisfied that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person for the relevant assessment year or years referred to in sub-section

SRI. N.G. CHANDRA REDDY (HUF),BANGALORE vs. DCIT, BANGALORE

In the result, the appeal is partly allowed

ITA 390/BANG/2015[2005-06]Status: DisposedITAT Bangalore20 Jul 2016AY 2005-06

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

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Smt. Renukadevi, JCIT (D.R)
Section 147Section 148Section 2(47)(v)Section 234ASection 53A

V. Srinivasan, C.A. Respondent By : Smt. Renukadevi, JCIT (D.R) Date of Hearing : 20.06.2016. Date of Pronouncement : 20.7.2016. O R D E R Per Shri Vijay Pal Rao, J.M. : This appeal by the assessee is directed against the order dt.13.2.2015 of the Commissioner of Income Tax (Appeals) for the Assessment Year 2005-06. 2. The assessee has raised the following grounds

SRI. ANNESH,UDUPI vs. INCOME-TAX OFFICER, WARD-1, CHIKMANGALUR

In the result, the appeal of the assessee is allowed

ITA 1179/BANG/2022[2012-13]Status: DisposedITAT Bangalore23 Feb 2023AY 2012-13

Bench: Shri Chandra Poojari

For Appellant: Shri S.V. Ravishankar, A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Department
Section 124Section 127Section 144Section 147Section 234

v. CIT [1927] 2 ITC 304 (All) which has been referred to and in no way disapproved in Teomal's case [1959]36ITR9(SC). Once the ITO fails to follow the statutory course prescribed before assessment, it can be said, he misses the bus and cannot be given a second chance to rectify matters. It appears that the Tribunal

SMT.VIDYA DEVI LADHANI,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the appeals of the assessees are allowed

ITA 118/BANG/2017[2009-2010]Status: DisposedITAT Bangalore07 Apr 2017AY 2009-2010

Bench: Shri Vijay Pal Rao

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri G.R. Reddy, CIT (DR) (ITAT)-1, Bengaluru
Section 132Section 143(1)Section 143(2)Section 153ASection 2(22)(e)

v. Pradeep Kumar Malhotra Vs. CIT 338 ITR 538 (Cal) vi. CIT Vs. Kabul Chawla 380 ITR 573 (Del) Placing reliance on the above judgments, the learned Counsel for the assessee has submitted that the assessment under Section 153A can be made on the basis of seized material and further the addition should be strictly based on the evidence found

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

ITA 544/BANG/2024[2017-18]Status: DisposedITAT Bangalore20 May 2024AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillai

V 270A 18 not offered u/s 148 IBM United Kingdom 2017- 498/Bang/2024 Filed but In ROI filed 270A Limited 18 not offered u/s 148 Category E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada

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

ITA 499/BANG/2024[2016-17]Status: DisposedITAT Bangalore20 May 2024AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillai

V 270A 18 not offered u/s 148 IBM United Kingdom 2017- 498/Bang/2024 Filed but In ROI filed 270A Limited 18 not offered u/s 148 Category E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada

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

ITA 496/BANG/2024[2016-17]Status: DisposedITAT Bangalore20 May 2024AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillai

V 270A 18 not offered u/s 148 IBM United Kingdom 2017- 498/Bang/2024 Filed but In ROI filed 270A Limited 18 not offered u/s 148 Category E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada

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

ITA 497/BANG/2024[2016-17]Status: DisposedITAT Bangalore20 May 2024AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillai

V 270A 18 not offered u/s 148 IBM United Kingdom 2017- 498/Bang/2024 Filed but In ROI filed 270A Limited 18 not offered u/s 148 Category E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(2)(1), BANGALORE vs. M/S. N G BALU REDDY HUF, BANGALORE

In the result, the appeal of the Revenue is allowed

ITA 651/BANG/2020[2009-10]Status: DisposedITAT Bangalore21 Dec 2021AY 2009-10

Bench: Shri Chandra Poojari & Shri George George Kassessment Year : 2009-10

For Appellant: Smt. Sheethal, AdvocateFor Respondent: Shri Chetan R, Addl. CIT (DR)
Section 139(1)Section 139(4)Section 147Section 2(47)(v)

47)(v), the assessee is liable for capital gain tax, but the assessee has failed to offer the same. In the above circumstances, the AO was of the opinion that that income has escaped assessment in the capacity of HUF for A.Y.2009-10. Therefore, to assess the escaped capital gains tax, a notice u/ s. 148 was issued to the assessee