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

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

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

233 ITR 809. There is neither undisclosed income nor income escaping assessment so as to warrant notice under Section 153C. Accordingly the proceedings be dropped in the interest of justice and render justice.” 7.1.2 The assessment was completed under Section 153C r.w.s. 143(3) of the Act vide order dt.28.3.2013 for Assessment Year 2007-08, wherein the assessee's income

AKSHAY KUMAR RUNGTA,BANGALORE vs. INCOME TAX OFFICER, WARD 2(1), INTERNATIONAL TAXATION

In the result, appeal filed by the assessee is allowed as per above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubeyit(It)A No.66/Bang/2024 Assessment Year :2015-16

reassessment. Accordingly, the AO prepared draft Assessment Order under section 144C of the Act vide Order dated 31.03.2022 and issued to the assessee. Since assessee is a non- resident, therefore, the case was taken up by the International Taxation Department. The assessee did not challenge the draft Assessment Order passed under section 144C of the Act before

TNT EXPRESS WORLDWIDE UK LIMITED,U.K vs. ADIT, BANGALORE

In the result, order of the CIT(A) is set aside and the appeal of the assessee is allowed

Bench: Shri. Sunil Kumar Yadav & Shri A. K. Garodia

233) in which the Hon’ble High Court has held that non serving of the notice under section 143(2) is irregular, not illegal. Therefore, the matter may be remanded back to the AO for completing the assessment after issuing notice under section 143(2) of the Act. 8. The learned Counsel for the assessee has placed reliance upon

M/S. UE DEVELOPMENT INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(1), BANGALORE

In the result, the ITA No

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied on judgment of Ganga Saran & Sons Pvt Ltd Vs. ITO & Others 130 ITR 1 (SC) and also decision of Bangalore Tribunal in the case

TATA ADVANCED MATERIALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE

In the result, the ITA No

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied on judgment of Ganga Saran & Sons Pvt Ltd Vs. ITO & Others 130 ITR 1 (SC) and also decision of Bangalore Tribunal in the case

M/S TATA ADVANCED MATERIALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE

In the result, the ITA No

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied on judgment of Ganga Saran & Sons Pvt Ltd Vs. ITO & Others 130 ITR 1 (SC) and also decision of Bangalore Tribunal in the case

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

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

reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported in 291 ITR 500 (SC). ITA Nos.1457, 1466, 1467/Bang/2012 & T.G. Ranganath, Bangalore Page 16 of 107 7.4 The ld. A.R. relied

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

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

reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported in 291 ITR 500 (SC). ITA Nos.1457, 1466, 1467/Bang/2012 & T.G. Ranganath, Bangalore Page 16 of 107 7.4 The ld. A.R. relied

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

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

reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported in 291 ITR 500 (SC). ITA Nos.1457, 1466, 1467/Bang/2012 & T.G. Ranganath, Bangalore Page 16 of 107 7.4 The ld. A.R. relied

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 133A- of the Act states as under: - (3) An income tax authority acting under this section may: — (i) & (ii)** (iii) record the statement of any person which may be useful for, or relevant to, any proceeding under this Act." Section 133A(3)(iii) of the Act therefore empowers income-tax authority to record statement of a person including

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 133A- of the Act states as under: - (3) An income tax authority acting under this section may: — (i) & (ii)** (iii) record the statement of any person which may be useful for, or relevant to, any proceeding under this Act." Section 133A(3)(iii) of the Act therefore empowers income-tax authority to record statement of a person including

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 133A- of the Act states as under: - (3) An income tax authority acting under this section may: — (i) & (ii)** (iii) record the statement of any person which may be useful for, or relevant to, any proceeding under this Act." Section 133A(3)(iii) of the Act therefore empowers income-tax authority to record statement of a person including

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 133A- of the Act states as under: - (3) An income tax authority acting under this section may: — (i) & (ii)** (iii) record the statement of any person which may be useful for, or relevant to, any proceeding under this Act." Section 133A(3)(iii) of the Act therefore empowers income-tax authority to record statement of a person including

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 133A- of the Act states as under: - (3) An income tax authority acting under this section may: — (i) & (ii)** (iii) record the statement of any person which may be useful for, or relevant to, any proceeding under this Act." Section 133A(3)(iii) of the Act therefore empowers income-tax authority to record statement of a person including

M/S SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

reassessment or recomputation or fresh assessment, as the case may be, expires.. 6.3. It transpires from a reading of the above provision that where a reference is made to the TPO after 1.6.2007, an order under sub-section (3) may be made at any time before 60 days prior to the date on which the period of limitation referred