DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order, Out the\nCIT(A) discussed the appeal through an order (bearing DIN No.\nITBA/APL/M/250/2022-23/1043503503(1) dated 21.6.2022.\nSubsequently the appellant approached the ITAT against the\ndecision. The ITAT in its order dated 30.08.2022 in ITA No.\n558/Bang/2022 remanded

M/S. TOYOTA KIRLOSKAR MOTOR PVT LTD,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, , BENGALURU

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

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year: 2011-12 M/S. Toyota Kirloskar Motor Pvt. Ltd. Plot No.1, Bidadi Industrial Area So Bidadi Acit Vs. Ramanagar Ltu, Circle-1 Bengaluru 562 109 Banalore Pan No : Aaact5415B Appellant Respondent Appellant By : Sri Padam Chand Kincha, A.R. Respondent By : Smt. Kumutha D., D.R. Date Of Hearing : 24.09.2024 Date Of Pronouncement : 20.12.2024

234D is excessive. 6. The learned AO has erred in levying interest under section 234B without appreciating the provisions of section 234B(3). M/s. Toyota Kirloskar Motor Pvt. Ltd., Bangalore Page 3 of 17 The Appellant submits that each of the above grounds/ sub-grounds are independent and without prejudice to one another. The Appellant craves leave to add, alter

PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 1(3), BENGALURU, BANGALORE

In the result the appeal of the assessee is allowed

Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

reassessment proceedings under section 147 of the Act are invalid and bad in law. 3. Assessment Order passed by the Learned AO under section 144 rws 147 rws 144C(13) of the Act is barred by limitation under section 153 of the Act 3.1. On the facts and in the circumstances of the case and in law, the Assessment Order

EDGEVERVE SYSTEMS LIMITED,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

reassessment proceedings were initiated. Thus, the\nRevenue has accepted the allowability of depreciation on identical assets\ncreated based on identical business transfer agreement in earlier years.\nIn the absence of any change in facts or law, the Revenue cannot take a\ncontradictory stand in the year under consideration. The settled principle\nthat the Revenue cannot blow hot and cold

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

reassessment proceedings under Section 153A were dismissed if no incriminating material was found and the assessment was already concluded.", "result": "Dismissed", "sections": [ "14A", "Rule 8D", "143(3)", "147", "153A", "148", "32(1)(iia)", "234B", "234D

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

234D", "32(1)(iia)", "2(29A)", "147" ], "issues": "Whether disallowance under section 14A is justified when voluntary disallowance is made or no exempt income is earned. Whether additional depreciation is allowable for the process of converting raw coffee beans into liquid coffee. The validity of reassessment

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K

reassessment proceedings were initiated. Thus, the Revenue has accepted the allowability of depreciation on identical assets created based on identical business transfer agreement in earlier years. In the absence of any change in facts or law, the Revenue cannot take a contradictory stand in the year under consideration. The settled principle that the Revenue cannot blow hot and cold

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K

reassessment proceedings were initiated. Thus, the Revenue has accepted the allowability of depreciation on identical assets created based on identical business transfer agreement in earlier years. In the absence of any change in facts or law, the Revenue cannot take a contradictory stand in the year under consideration. The settled principle that the Revenue cannot blow hot and cold

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K

reassessment proceedings were initiated. Thus, the Revenue has accepted the allowability of depreciation on identical assets created based on identical business transfer agreement in earlier years. In the absence of any change in facts or law, the Revenue cannot take a contradictory stand in the year under consideration. The settled principle that the Revenue cannot blow hot and cold

EDGEVERVE SYSTEMS LIMITED,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

reassessment proceedings were initiated. Thus, the\nRevenue has accepted the allowability of depreciation on identical assets\ncreated based on identical business transfer agreement in earlier years.\nIn the absence of any change in facts or law, the Revenue cannot take a\ncontradictory stand in the year under consideration. The settled principle\nthat the Revenue cannot blow hot and cold

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order, Out the\nCIT(A) discussed the appeal through an order (bearing DIN No.\nITBA/APL/M/250/2022-23/1043503503(1) dated 21.6.2022.\nSubsequently the appellant approached the ITAT against the\ndecision. The ITAT in its order dated 30.08.2022 in ITA No.\n558/Bang/2022 remanded

M/S. KARNATAKA BANK LIMITED,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX. CIRCLE- 2(1), MANGALURU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

234D is consequential in nature. 13. The appeal of the assessee is partly allowed for statistical purposes. 14. Ground No.1 & 17 are general in nature. 15. Ground Nos. 2 to 9: Disallowance u/s. 14A: During the course of assessment proceedings the AO noted that the assessee has received certain exempt income but there is no disallowance made by the assessee

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), MANGALORE vs. KARNATAKA BANK LIMITED., MANGALORE

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

234D is consequential in nature. 13. The appeal of the assessee is partly allowed for statistical purposes. 14. Ground No.1 & 17 are general in nature. 15. Ground Nos. 2 to 9: Disallowance u/s. 14A: During the course of assessment proceedings the AO noted that the assessee has received certain exempt income but there is no disallowance made by the assessee

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BANGALORE vs. COFFEE DAY GLOBAL LIMITED, BANGALORE

In the result, all the COs by assessee in CO\nNos

234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order, Out the\nCIT(A) discussed the appeal through an order (bearing DIN No.\nITBA/APL/M/250/2022-23/1043503503(1) dated 21.6.2022.\nSubsequently the appellant approached the ITAT against the\ndecision. The ITAT in its order dated 30.08.2022 in ITA No.\n558/Bang/2022 remanded

EXPAT ENGINEERING INDIA LIMITED,BENGALURU vs. ACIT, CIRCLE-2(1)(2), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2014-15

234D is not in accordance with law as the rate, amount and method for calculating interest is not discernible from the order of assessment. 4. The Appellant craves leave to add, alter, amend, substitute, change and delete any of the grounds of appeal. 5. For the above and other grounds that may be urged at the time of hearing

TAKRAR RANGANATHA RAO NAGASHRE ,BANGALORE vs. INCOME TAX OFFICER, WARD-3(2)(1), , BENGALURU

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

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2018-19 Takrar Ranganatha Rao Nagashree Ito 20, Singapore Gardens Ward-3(2)(1) Vs. Bangalore 560 062 Bangalore Pan No.Aaipn8579M Assessee Respondent Assessee By : Shri Sreehari Kutsa, A.R. Revenue By : Shri Ganesh R. Ghale, Standing Counsel For Revenue. Date Of Hearing : 14.02.2024 Date Of Pronouncement : 14.02.2024 O R D E R Per Chandra Poojari: This Appeal By Assessee Is Directed Against Order Of Nfac For The Assessment Year 2018-19 Dated 29.12.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Assessee Has Raised Following Grounds Of Appeal:

reassessment in the hands of the Appellant and consequently the notice is issued without due application of mind, making the notice bad at law on the facts and circumstances of the case. 10. The learned Commissioner of Income-tax (Appeals) failed to appreciate that the approval issued u/s 151 to the Assessing Officer is bad at law for the reason

SWASTHIK FINANCIERS,KODAGU vs. INCOME TAX OFFICER, WARD, MADIKERI

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

Bench: Shri Chandra Poojari & Shri Soundararajan K.Assessment Year: 2017-18

reassessment order is bad in law and against the principles of natural justice. 7. The Learned AO has erred in law and on facts in making additions under section 68 of the Act to the extent of Rs. 1,23,85,850. 8. The Learned CIT(A)/AO have erred in law and on facts in not appreciating that

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order, Out the\nCIT(A) discussed the appeal through an order (bearing DIN No.\nITBA/APL/M/250/2022-23/1043503503(1) dated 21.6.2022.\nSubsequently the appellant approached the ITAT against the\ndecision. The ITAT in its order dated 30.08.2022 in ITA No.\n558/Bang/2022 remanded

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order, Out the\nCIT(A) discussed the appeal through an order (bearing DIN No.\nITBA/APL/M/250/2022-23/1043503503(1) dated 21.6.2022.\nSubsequently the appellant approached the ITAT against the\ndecision. The ITAT in its order dated 30.08.2022 in ITA No.\n558/Bang/2022 remanded