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.

3) r.w.s. 153A of the Act is bad in law. Consequently, the notice issued under section 153A of the Act is bad in law a) The ld. AR submitted that the learned Assessing Officer issued notice under section 153A of the Act dated 19.12.2018 under Section 153A of the Act without satisfying the conditions of the provisions

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.

3) r.w.s. 153A of the Act is bad in law. Consequently, the notice issued under section 153A of the Act is bad in law a) The ld. AR submitted that the learned Assessing Officer issued notice under section 153A of the Act dated 19.12.2018 under Section 153A of the Act without satisfying the conditions of the provisions

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253/- 30/12/2011. Filed in response to Re-assessment was 18/10/2010 Notice u/s 148 concluded u/s 147 read 2009-10 declaring a loss of with 143(3) dated Rs.1,34,699/- 30/12/2011. Filed in response to Assessments were 19/02/2013 Notice u/s 153A concluded under Section 2010-11 143(3) read with Section 153A of the Act. Filed in response to Assessments

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253/- 30/12/2011. Filed in response to Re-assessment was 18/10/2010 Notice u/s 148 concluded u/s 147 read 2009-10 declaring a loss of with 143(3) dated Rs.1,34,699/- 30/12/2011. Filed in response to Assessments were 19/02/2013 Notice u/s 153A concluded under Section 2010-11 143(3) read with Section 153A of the Act. Filed in response to Assessments

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253/- 30/12/2011. Filed in response to Re-assessment was 18/10/2010 Notice u/s 148 concluded u/s 147 read 2009-10 declaring a loss of with 143(3) dated Rs.1,34,699/- 30/12/2011. Filed in response to Assessments were 19/02/2013 Notice u/s 153A concluded under Section 2010-11 143(3) read with Section 153A of the Act. Filed in response to Assessments

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253/- 30/12/2011. Filed in response to Re-assessment was 18/10/2010 Notice u/s 148 concluded u/s 147 read 2009-10 declaring a loss of with 143(3) dated Rs.1,34,699/- 30/12/2011. Filed in response to Assessments were 19/02/2013 Notice u/s 153A concluded under Section 2010-11 143(3) read with Section 153A of the Act. Filed in response to Assessments

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253/- 30/12/2011. Filed in response to Re-assessment was 18/10/2010 Notice u/s 148 concluded u/s 147 read 2009-10 declaring a loss of with 143(3) dated Rs.1,34,699/- 30/12/2011. Filed in response to Assessments were 19/02/2013 Notice u/s 153A concluded under Section 2010-11 143(3) read with Section 153A of the Act. Filed in response to Assessments

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253/- 30/12/2011. Filed in response to Re-assessment was 18/10/2010 Notice u/s 148 concluded u/s 147 read 2009-10 declaring a loss of with 143(3) dated Rs.1,34,699/- 30/12/2011. Filed in response to Assessments were 19/02/2013 Notice u/s 153A concluded under Section 2010-11 143(3) read with Section 153A of the Act. Filed in response to Assessments

CISCO SYSTEMS SERVICES B.V,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION CIRCLE-1(1), BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 961/Bang/2017 Assessment Year : 2012-13 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, International Taxation, Mahatma Gandhi Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca : Dr. Manjunath Karkaihalli, Revenue By Cit Dr Date Of Hearing : 19-01-2022 Date Of Pronouncement : 19-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 27.02.2017 Passed U/S. 143(3) R.W.S. 144C(14) Of The Income- Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. - India Branch (Hereinafter Referred To As The 'Appellant.) Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Deputy Commissioner Of Income-Tax (International Taxation) - Circle 1(1) ('Assessing Officer' Or 'Ao') Dated February 27, 2017 In Pursuance Of The Directions & The Revised Directions Issued By The Dispute Resolution Panel ('Drp'), Bangalore Dated December 29, 2016 & January 16. 2017 Respectively, Under Section 253 Of The Income-Tax Act, 1961 ('Act) On The Following Grounds:

253 of the Income-tax Act, 1961 ('Act) on the following grounds: Page 2 of 17 IT(IT)A No. 961/Bang/2017 That on the facts and in the circumstances of the case and in law and based on the directions of the DRP: A. Grounds of appeal relating to corporate tax matters 1. The learned AO has erred

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

253. He submitted that however the judgment is related to section 151 of the Act but as per section 282A of the Act, the AO has to sign each and every notices/order/document. He also referred to para Nos.10, 13, 16, 18, 20, 26, 27, 28 and 29 of the said judgment. He also referred to judgment of the jurisdictional High

RAICHUR CITY URBAN CO-OPERATIVE BANK LTD.,,RAICHUR vs. DIT, BANGALORE

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

Bench: Shri Inturi Rama Raoshri Laliet Kumarraichur City Urban Co-Operative Bank Ltd., Gunj Road, Raichur-584 102. . Appellant Vs. The Dy. Director Of Income-Tax Intelligence & Criminal Investigation, Bengaluru. . Respondent Appellant By : Shri B.S Sudheendra, C.A Respondent By : Shri G Kamaladar, Standing Counsel

253 by the Finance Act, 2013, w.e.f. 1-4-2016 : (e) an order passed by an Assessing Officer under sub-section (3) of section 143 or section 147 or section 153A or section 153C with the approval of the [Principal Commissioner or]Commissioner as referred to in sub-section (12) of section 144BA or an order passed under section

SHRI.J M VRUSHABENDRAIAH ,HOSPET vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

The appeal of the assessee is partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

3. The Commissioner of Income-tax (Appeals) failed to appreciate that the process initiated under section 148 of the Act is bad in law as no proceedings can be initiated under section 148 if the information based on which the assessment is re-opened is pursuant to a material gathered in a search proceedings in the case of Madhu, Renuka

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

253. There appears to be no justification for cutting short that regular remedy at this stage and to entertain these writ petitions on merits. [Para 13]  Awaiting the final decision from the Supreme Court in Civil Appeal No. 2734/2013 against the decision of Division Bench of this Court in C. Ramaiah Reddy's case (supra) and also in view

SRI. M. NAGARAJA,MYSORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2(1), MYSORE

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 1999-2000

253 ITR 798 held as under (page 799): “In exercising discretion, under section 5 of the Limitation Act the courts should adopt a pragmatic approach. A distinction must be made between a case where the delay is inordinate and a case where the delay is of a few days. Whereas in the former case, the consideration of prejudice

THE UNITED THEOLOGICAL COLLEGE,BANGALORE vs. INCOME-TAX OFFICER, (EXEMPTIONS), WARD-2, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

253 (Bombay). iv) CIT Vs. B.N.Keshav (ITA No.21/2003 dated: 3rd April, 2008. v) CIT Vs. Kurban Ibrahimji Mithiborwala (1971) 82 ITR 821 (SC). 4.10 Further he submitted that the notice issued under section 148 of the Act dated 31.03.2017 for the AY 2010-11. The notice for reopening the assessment under section 147 rws 148 of the Act was issued

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253)] 7. That even otherwise the initiation of proceedings u/s 153C of the Act is without jurisdiction and bad in law due to absence of the mandatory satisfaction as required u/s 153C(1) of the Act. a. That it is a borrowed satisfaction and has been recorded mechanically without application of mind. b. That the satisfaction recorded

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

253)] 7. That even otherwise the initiation of proceedings u/s 153C of the Act is without jurisdiction and bad in law due to absence of the mandatory satisfaction as required u/s 153C(1) of the Act. a. That it is a borrowed satisfaction and has been recorded mechanically without application of mind. b. That the satisfaction recorded

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment, as the case may be. The 3 types of income are: 1) Income disclosed in the return of income 2) Undisclosed income during the search 3) Any other income which is not disclosed in the earlier return and not unearthed during the search. 6.4 According to the Ld. D.R., there is an incriminating material found during the search