INTACT DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 ITR 19. The AO was also of the view that when the notice u/s. 148 of the Act is issued, the assessee is duty bound to file the return within the statutory time limit given the notice and also observed that in the present case even after getting the reminder, the assessee has not filed any return of income

SRI. ARAVINDAN VEDHAVATHTHIYAR SINGARACHARI ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(3)(1), BANGALORE

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

reassessment proceedings are void\nab initio for the following reasons:\ni) The AO failed to issue any notice under section 143(2) of the Act after\nthe filing ROI by the assessee in response to notice under section 148 of\nthe Act.\nii) The AO has failed to dispose-off the objections filed by the assessee in\npursuance

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED ,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, all the appeals of the assessee are partly\nallowed

reassessment\nproceedings based\non\nmaterial already\non\nrecord is bad in law\nRs.56,66,666/-\n\n3.\nThe assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view

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

reassess any other\nincome which has escaped assessment and which comes to his notice during the\ncourse of the proceedings. However, if after issuing a notice under section 148, he\naccepted the contention of the assessee and holds that the income which he has\ninitially formed a reason to believe had escaped assessment, has as a matter of fact\nnot

SYEDA MARIAM,BANGALORE vs. INCOME-TAX OFFICER, WARD-3(1)(4), BENGALURU

In the result we accepted the legal issue and held that the assessment order dated 30

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Syeda Mariam The Income Tax Officer No. 482, 14Th Main Ward - 3(1)(4) Koramangala 3Rd Block Vs. Bmtc Building, 80Ft. Road Bangalore 560034 6Th Block, Koramangala Pan – Aazpm2737P Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Zain Ahmed Khan, Ca Revenue By: Shri V. Parithivel, Jcit-Dr Date Of Hearing: 18.06.2024 Date Of Pronouncement: 25.07.2024 O R D E R Per: Soundararajan K.,J.M. This Appeal Filed By The Assessee Challenges The Order Of The Cit(A)-11, Bengaluru Dated 28.12.2023 In Respect Of The Assessment Year (Ay) 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Filed Her Return Of Income On 28.07.2014. Thereafter A Survey U/S. 133A Was Conducted At The Company M/S. Intact Developers P. Ltd., In Which The Assessee Is A Director & Based On The Survey It Was Found That The Assessee Had Lent Unsecured Loans To The Company & In Support Of The Unsecured Loans The Assessee Filed Confirmation Letters From The Company. Insofar As The Source For The Loan, The Assessee Submitted That She Got Capital Gain In Ays 2013-14 & 2014-15 & Out Of This She Offered Loans To The Company. The Ld. Assessing Officer (Ao) Verified The Details Filed By The Assessee & Came To The Conclusion That There

259 ITR 19 (SC). With respect to the other issues the ld. AO not accepted the submissions of the assessee and further added the interest income for the purpose of assessment. The ld. AO finally made the assessment u/s. 144 r/w sec 147 of the Act and disallowed the Capital Gain claim u/s 54 B of the Act, interest credited

BHARATH HI-TECH BUILDERS PVT. LTD.,BANGALORE vs. DY. CIT, CIRCLE-1(1)(2), BANGALORE, BANGALORE

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

Bench: Shri George George K, Vice- & Shri Laxmi Prasad Sahu

section 68 of the Act. As regards the contentions raised on the validity of the reassessment, the learned DR relied on the finding of the CIT(A). 10. We have heard the rival submissions and perused the material on record. The A.O. has passed order dated 07.11.2016 (refer pages 39 to 43 of the paper book-101) purportedly disposing

SRI. ARAVINDAN VEDHAVATHTHIYAR SINGARACHARI,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(3)(1), BANGALORE

reassessment proceedings are void\nab initio for the following reasons:\ni) The AO failed to issue any notice under section 143(2) of the Act after\nthe filing ROI by the assessee in response to notice under section 148 of\nthe Act.\nii) The AO has failed to dispose-off the objections filed by the assessee in\npursuance

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, all the appeals of the assessee are partly\nallowed

reassessment\nproceedings based on\nmaterial already on\nrecord is bad in law\nRs.56,66,666/-\n3.\nThe assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view of\nnon

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -1(2) , BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

259 pages: 8. The assessee stated that the noting made in the impugned sheets were made by his CFO Shri Sunil Gupta. Such loose sheet represents the cash received by him over the time and the same were deposited in the bank account of different entities. A/XNT/15 green color folder of loose sheet having 223 pages: . ITA No.334-339