M/S. PAUL RESORTS & HOTELS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

JOHN DISTILLERIES PVT LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

M/S. PAUL RESORTS & HOTELS PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

M/S. PAUL RESORTS & HOTELS PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

JOHN DEVELOPERS ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return of income, assessment

JOHN DISTILLERIES PVT LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

reassessment made in respect of an assessment\nyear under this section, the tax shall be chargeable at the rate or\nrates as applicable to such assessment year.”\n20.10 Now the question before us is whether the assessee is\nentitled to revise its position in departure with the original stand\nthat is taken in the return filed

JOHN DEVELOPERS ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year.” 20.10 Now the question before us is whether the assessee is entitled to revise its position in departure with the original stand that is taken in the return filed

T.G. RANGANATH,BANGALORE vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported in 291 ITR 500 (SC). ITA Nos.1457, 1466, 1467/Bang/2012 & T.G. Ranganath, Bangalore Page 16 of 107 7.4 The ld. A.R. relied

T.G. RANGANATH,BANGALORE vs. DCIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported in 291 ITR 500 (SC). ITA Nos.1457, 1466, 1467/Bang/2012 & T.G. Ranganath, Bangalore Page 16 of 107 7.4 The ld. A.R. relied

ACIT, BANGALORE vs. SRI. T.G. RANGANATH, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported in 291 ITR 500 (SC). ITA Nos.1457, 1466, 1467/Bang/2012 & T.G. Ranganath, Bangalore Page 16 of 107 7.4 The ld. A.R. relied

NIRMAL KUMAR (AS LEGAL HEIR/REPRESENTATIVE OF LATE MISHRILAL SHARNICKRAJ),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(2)(1) , BANGALORE

In the result, the appeal by the assessee is allowed

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

276 (Guj.), [2019] (1) TMI 353-the Gujarat High Court has also held (page 290 of 413 ITR): "the question that therefore arises for consideration is whether the notice under section 148 of the Act issued against the deceased-assessee can be said to be in conformity with or according to the intent and purposes of the Act. In this

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

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

reassess the income of the appellant and\nconsequently the notice issued under section 153A of the Act is\ninvalid and the entire assessment proceedings is bad in law and void\nab initio on the facts and circumstances of the case.\n\n3.\nThe appellant craves leave of this Hon'ble Tribunal, to add, alter,\ndelete, amend or substitute

MATHIKERE RAMAIAH SEETHARAM,MATHIKERE vs. ACIT, CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

reassessment order framed under section 147 read with section 143(3) of the Act, the Assessing Officer held that the assessee had entered into a Joint Development Agreement (JDA) with M/s G Corp Homes Pvt. Ltd. under which the assessee was to receive 37% of the revenue arising from the sale of the developed flats. The Assessing Officer treated this

DEPUTY COMMISSIONER OF INCOME-TAX, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

reassessment order framed under section 147 read with section 143(3) of the Act, the Assessing Officer held that the assessee had entered into a Joint Development Agreement (JDA) with M/s G Corp Homes Pvt. Ltd. under which the assessee was to receive 37% of the revenue arising from the sale of the developed flats. The Assessing Officer treated this

DCIT, CC- 2(1), BLR, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

reassessment order framed under section 147 read with section 143(3) of the Act, the Assessing Officer held that the assessee had entered into a Joint Development Agreement (JDA) with M/s G Corp Homes Pvt. Ltd. under which the assessee was to receive 37% of the revenue arising from the sale of the developed flats. The Assessing Officer treated this

DCIT, CC-2(1), BENGALURU, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

reassessment order framed under section 147 read with section 143(3) of the Act, the Assessing Officer held that the assessee had entered into a Joint Development Agreement (JDA) with M/s G Corp Homes Pvt. Ltd. under which the assessee was to receive 37% of the revenue arising from the sale of the developed flats. The Assessing Officer treated this

DEPUTY COMMISSIONER OF INCOME-TAX, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

reassessment order framed under section 147 read with section 143(3) of the Act, the Assessing Officer held that the assessee had entered into a Joint Development Agreement (JDA) with M/s G Corp Homes Pvt. Ltd. under which the assessee was to receive 37% of the revenue arising from the sale of the developed flats. The Assessing Officer treated this

M/S. HARIS MARINE PRODUCTS,MANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, , MANGALORE

In the result, both the appeals of the assessee are\nallowed

276/-\n5.1 Thus, ld. AO arrived at a difference of income between the\namount declared in statement u/s 132(4) of the Act towards bogus\npurchase and amount of additional income declared by the\nassessee in his return for these two assessment years filed u/s\n153C of the Act as follows:\nA\nAY\nB\nDeclared\namount\nadmitted u/s\n132