SHARANABASAVESHWAR CREDIT SOUHARD SAHAKRI NI HALINGALI,BAGALKOT vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1, BIJAPUR

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

reassessment under Section 147/148 of the Act also becomes academic once the conclusion is arrived at that the deduction under Section 80P(2) of the Act was not available to the assessee for these Assessment Years. 26. The substantial questions of law framed above are thus answered in favour of the Revenue and against the assessee and it is held

M/S PRESTIGE ESTATES PROJECTS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-18(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri N.V.Vasudevan, Vp & Shri Chandra Poojari, Am

27 M/s.Prestige Estates Projects Limited. from house property, profits and gains of business, capital gains and income from other sources. The scheme of the TDS provisions applies not only to the amount paid, which bears the character of "income" such as salaries, dividends, interest on securities etc. but the said provisions also apply to gross sums, the whole of which

M/S ATRIA POWER CORPROATION LTD.,,BANGALORE vs. ITO, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri A.K. Garodiaassessment Year : 2010-11

d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003; Page 24 of 48 (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

27 of 64 which maybe commenced after the date of such order or direction in respect of any year.” 32. From a plain reading of sub-section (5) of section 124 of the Act, it is noted that though it is an overriding provision yet it has inherent limitation as prescribed in law. If one carefully reads sub-section

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

27 of 64 which maybe commenced after the date of such order or direction in respect of any year.” 32. From a plain reading of sub-section (5) of section 124 of the Act, it is noted that though it is an overriding provision yet it has inherent limitation as prescribed in law. If one carefully reads sub-section

INCOME TAX OFFICER WARD-1(1)(2), BANGALORE vs. M/S ATRIA HYDEL POWER LIMITED , BANGALORE

In the result, ITA Nos.534 to 556/Bang/2018 and CO Nos

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Years : 2010-11 Income-Tax Officer, Vs. M/S. Atria Hydel Power Ltd., Ward - 1(1)(2), #1, Palace Road, Bengaluru. Bangalore-560 001. Pan : Aacca 3754 E Appellant Respondent

d) companies engaged in the generation or supply of electricity, except in so far as the said provisions are inconsistent with the provisions of the Electricity Act, 2003; Page 16 of 42 (e) any other company governed by any special Act for the time being in force, except in so far as the said provisions are inconsistent with the provisions

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

D E R PER KESHAV DUBEY, JUDICIAL MEMBER: These appeals at the instance of the assessee are directed against the consolidated order of the ld. CIT(A)-11, Bengaluru, dated 10.02.2025 vide DIN : ITBA/APL/M/250/2024- 25/1073061567(1) for the AY 2015-16; vide DIN: ITBA/APL/M/250/2024-25/1073061747(1) for the AY 2016-17 and vide DIN : ITBA/APL/M/250/2024-25/1073061874

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

D E R PER KESHAV DUBEY, JUDICIAL MEMBER: These appeals at the instance of the assessee are directed against the consolidated order of the ld. CIT(A)-11, Bengaluru, dated 10.02.2025 vide DIN : ITBA/APL/M/250/2024- 25/1073061567(1) for the AY 2015-16; vide DIN: ITBA/APL/M/250/2024-25/1073061747(1) for the AY 2016-17 and vide DIN : ITBA/APL/M/250/2024-25/1073061874

SHRI HINGULAMBIKA EDUCATION SOCIETY,GULBARGA vs. ITO (EXEMPTIONS), WARD-1, KALBURGI

In the result, appeal of the assessee is allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2020-21

D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by assessee is directed against the order of CIT(A)/NFAC dated 30.11.2022 for the assessment year 2020-21. The assessee has raised following grounds:- The Order passed by the Ld. CIT(A), NFAC, for the Asst Year 2020-210, u/s 250 of the Income Tax Act 1961, is contrary

SHRI. BANGALORE NARAYAN DAS,BENGALURU vs. INCOME-TAX OFFICER, (INTERNATIONAL TAXATION-1(1), BENGALURU

In the result the appeal filed by the assessee for assessment year 2014-15 & 2017-18 stands allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos. 120 & 121/Bang/2022 (Assessment Years: 2014-15 & 2017-18)

D E R Per: Smt. Beena Pillai, J.M. These present appeals are filed by the assessee against separate orders dated 05.10.2021 for Assessment Year 2014-15 and 23.09.2021 for Assessment Year 2017-18 on following grounds of appeal. 2 IT(IT)A Nos. 120 & 121/Bang/2022 Bangalore Narayan Das Grounds of appeal in IT (I.T)A No. 120/Bang/2022

SHRI. BANGALORE NARAYAN DAS,BENGALURU vs. INCOME-TAX OFFICER, (INTERNATIONAL TAXATION-1(1), BENGALURU

In the result the appeal filed by the assessee for assessment year 2014-15 & 2017-18 stands allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos. 120 & 121/Bang/2022 (Assessment Years: 2014-15 & 2017-18)

D E R Per: Smt. Beena Pillai, J.M. These present appeals are filed by the assessee against separate orders dated 05.10.2021 for Assessment Year 2014-15 and 23.09.2021 for Assessment Year 2017-18 on following grounds of appeal. 2 IT(IT)A Nos. 120 & 121/Bang/2022 Bangalore Narayan Das Grounds of appeal in IT (I.T)A No. 120/Bang/2022

SRI. KEMPANNA (HUF - DISRUPTED),BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri Arun Kumar Garodiaassessment Year : 2006-07

D of the Act which is with effect from 01/04/2013 and consequently, no capital gains was assessable at all from this angle of the matter as well. 10.2 Thirdly and without prejudice to the above, the learned CIT[A] ought to have appreciated that the consideration for the joint development was in the shape of delivering certain flats

SRI. ANNESH,UDUPI vs. INCOME-TAX OFFICER, WARD-1, CHIKMANGALUR

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojari

d) cases or classes of cases. (4) Without prejudice to the provisions of sub-sections (1) and (2), the Board may, by general or special order, and subject to such conditions, restrictions or limitations as may be specified therein,-- (a) authorise any Director General or Director to perform such functions of any other income-tax authority as may be assigned

SMT.VIDYA DEVI LADHANI,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the appeals of the assessees are allowed

Bench: Shri Vijay Pal Rao

D E R Per Shri Vijay Pal Rao, J.M. : These group of appeals by two assessees are directed against the two composite orders of Commissioner of Income Tax (Appeals) both dt.18.02.2015 for the Assessment Years 2009-10 to 2011-12 in the case of Smt. Vidya Devi Ladhani & for the Assessment Years 2009-10 to 2012-13 in the case

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

27 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - - Assessee did not offer the FTS receipts In addition to the above, legal to tax under section 139 of the Act submissions, it is submitted that IBM - Receipts were offered to tax only after India has reported such receipts in 3CEB - proceedings under section

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

27 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - - Assessee did not offer the FTS receipts In addition to the above, legal to tax under section 139 of the Act submissions, it is submitted that IBM - Receipts were offered to tax only after India has reported such receipts in 3CEB - proceedings under section

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

27 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - - Assessee did not offer the FTS receipts In addition to the above, legal to tax under section 139 of the Act submissions, it is submitted that IBM - Receipts were offered to tax only after India has reported such receipts in 3CEB - proceedings under section

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

27 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - - Assessee did not offer the FTS receipts In addition to the above, legal to tax under section 139 of the Act submissions, it is submitted that IBM - Receipts were offered to tax only after India has reported such receipts in 3CEB - proceedings under section

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

Section 153D despite\nthe Learned AO's erroneous statement that the case of the\nassessee was centralized with the DCIT Central Circle-2, vide\nOrder of the Pr. CIT, Mangalore in F.No./C-13/Pr.CIT/MNG/2020-\n21 dated 28.07.2021 in all the assessment orders for AYs\n2017-18 to 2020-21. As per the department's own records, the\ncentralization was ordered