INCOME TAX OFFICER, W-1, HASSAN vs. RAMACHANDRA SETTY & SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 153A empowers the Assessing Officer to assess or reassess the total income of six assessment years in question in separate assessment orders. (f) Once the assessment is reopened, the Assessing Officer can take note of the income disclosed in the earlier returns, any undisclosed income found during search or any other income which is not disclosed in the earlier

INCOME TAX OFFICER WARD-1 HASSAN, HASSAN vs. RAMACHANDRA SETTY AND SONGS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 153A empowers the Assessing Officer to assess or reassess the total income of six assessment years in question in separate assessment orders. (f) Once the assessment is reopened, the Assessing Officer can take note of the income disclosed in the earlier returns, any undisclosed income found during search or any other income which is not disclosed in the earlier

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 153A empowers the Assessing Officer to assess or reassess the total income of six assessment years in question in separate assessment orders. (f) Once the assessment is reopened, the Assessing Officer can take note of the income disclosed in the earlier returns, any undisclosed income found during search or any other income which is not disclosed in the earlier

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 only on the basis of seized material.' (v) In absence of any incriminating material, the completed assessment can be ITA Nos.1211 to 1217/Bang/2019 Page 25 of 73 reiterated and the abated assessment or reassessment

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 only on the basis of seized material.' (v) In absence of any incriminating material, the completed assessment can be ITA Nos.1211 to 1217/Bang/2019 Page 25 of 73 reiterated and the abated assessment or reassessment

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 only on the basis of seized material.' (v) In absence of any incriminating material, the completed assessment can be ITA Nos.1211 to 1217/Bang/2019 Page 25 of 73 reiterated and the abated assessment or reassessment

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 only on the basis of seized material.' (v) In absence of any incriminating material, the completed assessment can be ITA Nos.1211 to 1217/Bang/2019 Page 25 of 73 reiterated and the abated assessment or reassessment

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 only on the basis of seized material.' (v) In absence of any incriminating material, the completed assessment can be ITA Nos.1211 to 1217/Bang/2019 Page 25 of 73 reiterated and the abated assessment or reassessment

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 only on the basis of seized material.' (v) In absence of any incriminating material, the completed assessment can be ITA Nos.1211 to 1217/Bang/2019 Page 25 of 73 reiterated and the abated assessment or reassessment

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 only on the basis of seized material.' (v) In absence of any incriminating material, the completed assessment can be ITA Nos.1211 to 1217/Bang/2019 Page 25 of 73 reiterated and the abated assessment or reassessment

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

25 March 2015. They also submitted that IBM Corporation is largest of the IBM Foreign Entities in the context of receipt of secondment reimbursements from India. This order has achieved finality since the same has neither been revised under section 263 nor has been reassessed

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

25 March 2015. They also submitted that IBM Corporation is largest of the IBM Foreign Entities in the context of receipt of secondment reimbursements from India. This order has achieved finality since the same has neither been revised under section 263 nor has been reassessed

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

25 March 2015. They also submitted that IBM Corporation is largest of the IBM Foreign Entities in the context of receipt of secondment reimbursements from India. This order has achieved finality since the same has neither been revised under section 263 nor has been reassessed

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

25 March 2015. They also submitted that IBM Corporation is largest of the IBM Foreign Entities in the context of receipt of secondment reimbursements from India. This order has achieved finality since the same has neither been revised under section 263 nor has been reassessed

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

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment has to be 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 raised by the assessee and the same is rejected. 55. Accordingly, the action of the AO in issuing notice u/s. 153A in these assessment years

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

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment has to be 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 raised by the assessee and the same is rejected. 55. Accordingly, the action of the AO in issuing notice u/s. 153A in these assessment years

IIFL SAMASTA FINANCE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

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

25,28,401/- by making two disallowances in the\nassessment order viz. (a) disallowance of employee's share of\nprovident contribution u/s 36(1)(va) of the Act amounting to\nRs.16,61,049/- and (b) disallowance of education cess claimed as\ndeduction u/s 37 of the Act amounting to Rs.1,22,79,936/-. It is an\nundisputed fact that

M/S. TRISHUL BUILDTECH & INFRASTRUCTURES PVT. LTD.,,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, assessee’s appeals are partly allowed

Bench: Shri Chandra Poojari & Shri George George K.

reassessment order which has attained finality, unless the materials gathered in the course of the proceedings under Section 153A of the Income-tax Act establish that the reliefs granted under the finalised assessment/reassessment were contrary to the facts unearthed during the course of 153A proceedings.” 25