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

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 28 of 104 the course of search under section 132 or requisition

M/S. S. RAMASHANDRA SETTY & SONS,HASSAN vs. INCOME TAX OFFICER, WARD-1 , HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 28 of 104 the course of search under section 132 or requisition

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

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 28 of 104 the course of search under section 132 or requisition

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

reassessment proceedings. IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Page 31 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - Reference to Explanation 3 to section not file a return under section 139 of the 271(1)(c) of the Act was upheld Act basis

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

reassessment proceedings. IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Page 31 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - Reference to Explanation 3 to section not file a return under section 139 of the 271(1)(c) of the Act was upheld Act basis

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

reassessment proceedings. IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Page 31 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - Reference to Explanation 3 to section not file a return under section 139 of the 271(1)(c) of the Act was upheld Act basis

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

reassessment proceedings. IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Page 31 of 56 Observation of the CIT(A) Rebuttal to the CIT(A)’s observations - Reference to Explanation 3 to section not file a return under section 139 of the 271(1)(c) of the Act was upheld Act basis

SMT. RAJYALAKSHMI,BANGALORE vs. DCIT, BANGALORE

In the result, all the appeals and CO of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

34(l)(a) had been established. " (Emphasis Added) 2.7 He placed reliance on the decision of the Hon'ble High Court of Karnataka in the case of Ramnath Santu Angolkar vs. DCIT, reported in 422 ITR 508, wherein it was held that: However, on account of non-production of the warrant of authorization, the adverse inference has to be drawn

SMT. RAJYALAKSHMI,BANGALORE vs. DCIT, BANGALORE

In the result, all the appeals and CO of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

34(l)(a) had been established. " (Emphasis Added) 2.7 He placed reliance on the decision of the Hon'ble High Court of Karnataka in the case of Ramnath Santu Angolkar vs. DCIT, reported in 422 ITR 508, wherein it was held that: However, on account of non-production of the warrant of authorization, the adverse inference has to be drawn

SRI. KARTHIK KRISHNA,BANGALORE vs. DCIT, BANGALORE

In the result, all the appeals and CO of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

34(l)(a) had been established. " (Emphasis Added) 2.7 He placed reliance on the decision of the Hon'ble High Court of Karnataka in the case of Ramnath Santu Angolkar vs. DCIT, reported in 422 ITR 508, wherein it was held that: However, on account of non-production of the warrant of authorization, the adverse inference has to be drawn

SRI. KARTHIK KRISHNA,BANGALORE vs. DCIT, BANGALORE

In the result, all the appeals and CO of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

34(l)(a) had been established. " (Emphasis Added) 2.7 He placed reliance on the decision of the Hon'ble High Court of Karnataka in the case of Ramnath Santu Angolkar vs. DCIT, reported in 422 ITR 508, wherein it was held that: However, on account of non-production of the warrant of authorization, the adverse inference has to be drawn

LATE LODAYA NAVALBAI RAICHAND BY LEGAL HEIR SHRI. SHARAD R LODAYA,GADAG vs. INCOME TAX OFFICER, WARD-2, GADAG

In the result, the appeal filed by the assessee is allowed on Ground nos

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12

section 34(1)(a) or 34(1)(b). The ITO did not reply but proceeded to reopen and reassess the assessee

IBM CANADA 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

34 of 56\nIT(IT)A Nos.487 to 504/Bang/2024 &\nIT(IT)A Nos.541 to 546/Bang/2024\nIBM Canada Limited & Others\nObservation of the CIT(A)\nAssessee did not offer the FTS receipts\nto tax under section 139 of the Act\nReceipts were offered to tax only after\nproceedings under section 201 of the\nAct were initiated in case of IBM India

IBM CANADA 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

34 of 56\nIT(IT)A Nos.487 to 504/Bang/2024 &\nIT(IT)A Nos.541 to 546/Bang/2024\nIBM Canada Limited & Others\nObservation of the CIT(A)\nAssessee did not offer the FTS receipts\nto tax under section 139 of the Act\nReceipts were offered to tax only after\nproceedings under section 201 of the\nAct were initiated in case of IBM India

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess income of such “other person” in accordance with the provisions of section 153A of the Act. 4.5 In the present case, the ld. AO being Deputy Commissioner of Income-tax Central Circle-1, Mangalore having recorded the satisfaction for proceedings u/s 153C of the Act after duly recording the satisfaction as follows: “A search was initiated under section

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess income of such “other person” in accordance with the provisions of section 153A of the Act. 4.5 In the present case, the ld. AO being Deputy Commissioner of Income-tax Central Circle-1, Mangalore having recorded the satisfaction for proceedings u/s 153C of the Act after duly recording the satisfaction as follows: “A search was initiated under section

IBM ISRAEL LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

The appeals of the assessees are allowed

reassessment\nproceedings/\nduring the course of\nreassessment proceedings.\nReference to Explanation 3 to section\n271(1)(c) of the Act was upheld\n(Page 10/11 of the CIT(A)'s order)\nAirlines Ltd. VS Commissioner of\nIncome Tax [2022] 144 taxmann.com\n221 (SC) page 112-141 of case law\ncompilation wherein the SC (at page 117)\nhas dealt with

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2) , BANGALORE

The appeals of the assessees are allowed

34 of 56\nIT(IT)A Nos.487 to 504/Bang/2024 &\nIT(IT)A Nos.541 to 546/Bang/2024\nIBM Canada Limited & Others\nObservation of the CIT(A)\nRebuttal to the CIT(A)'s observations\nAssessee did not offer the FTS receipts\nto tax under section 139 of the Act\nReceipts were offered to tax only after\nproceedings under section 201 of the\nAct