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 the total income of six assessment years. Once the assessment is reopened, the assessing authority can take note of the income disclosed in the earlier return, any undisclosed income found during search or and also any other income which is not disclosed in the earlier return or which is not unearthed during the search, in order to find

INCOME TAX OFFICER WARD-1 HASSAN, HASSAN vs. RAMACHANDRA SETTY AND SONGS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

reassess the total income of six assessment years. Once the assessment is reopened, the assessing authority can take note of the income disclosed in the earlier return, any undisclosed income found during search or and also any other income which is not disclosed in the earlier return or which is not unearthed during the search, in order to find

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 the total income of six assessment years. Once the assessment is reopened, the assessing authority can take note of the income disclosed in the earlier return, any undisclosed income found during search or and also any other income which is not disclosed in the earlier return or which is not unearthed during the search, in order to find

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BENGALURU vs. HIREHAL JAIRAJ BALRAM, BENGALURU

In the result, appeal filed by the assessee is allowed for statistical\npurposes

Section 45(1)\nof the Act in this assessment year.\n9. We also note that during reassessment proceedings, the\nassessee

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

reassessed under section 147 of the Act. 3.5 Subsequent to the above, the issue on taxability payments to seconded employees was revisited in the Hon’ble Delhi HC decision in the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44 taxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said issue was held against the assessee

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

reassessed under section 147 of the Act. 3.5 Subsequent to the above, the issue on taxability payments to seconded employees was revisited in the Hon’ble Delhi HC decision in the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44 taxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said issue was held against the assessee

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

reassessed under section 147 of the Act. 3.5 Subsequent to the above, the issue on taxability payments to seconded employees was revisited in the Hon’ble Delhi HC decision in the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44 taxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said issue was held against the assessee

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

reassessed under section 147 of the Act. 3.5 Subsequent to the above, the issue on taxability payments to seconded employees was revisited in the Hon’ble Delhi HC decision in the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44 taxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said issue was held against the assessee

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

45,422/-. i. Rs.20,86,560/- u/s 69B of the Act being alleged difference in loan advanced to one Mr. Mahesh as allegedly told to the investigating Officer at the time of search and the figures as per the books of accounts. ii. Rs.1,24,17,338/- u/s 68 r.w.s. 115BBE of the Act being past investments brought into

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

45,422/-. i. Rs.20,86,560/- u/s 69B of the Act being alleged difference in loan advanced to one Mr. Mahesh as allegedly told to the investigating Officer at the time of search and the figures as per the books of accounts. ii. Rs.1,24,17,338/- u/s 68 r.w.s. 115BBE of the Act being past investments brought into

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

reassessed under section 147 of the Act.\n3.5\nSubsequent to the above, the issue on taxability payments to\nseconded employees was revisited in the Hon'ble Delhi HC decision\nin the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44\ntaxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said\nissue was held against the assessee

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

The appeals of the assessees are allowed

reassessed under section 147 of the Act.\n3.5 Subsequent to the above, the issue on taxability payments to\nseconded employees was revisited in the Hon'ble Delhi HC decision\nin the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44\ntaxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said\nissue was held against 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

reassessed under section 147 of the Act.\n3.5 Subsequent to the above, the issue on taxability payments to\nseconded employees was revisited in the Hon'ble Delhi HC decision\nin the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44\ntaxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said\nissue was held against the assessee

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

The appeals of the assessees are allowed

reassessed under section 147 of the Act.\n3.5 Subsequent to the above, the issue on taxability payments to\nseconded employees was revisited in the Hon'ble Delhi HC decision\nin the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44\ntaxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said\nissue was held against the assessee

IBM JAPAN 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

reassessed under section 147 of the Act;\n3.5\nSubsequent to the above, the issue on taxability payments to\nseconded employees was revisited in the Hon'ble Delhi HC decision\nin the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44\ntaxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said\nissue was held against the assessee

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

In the result, all the appeals of the assessees are allowed

reassessed under section 147 of the Act.\n3.5 Subsequent to the above, the issue on taxability payments to\nseconded employees was revisited in the Hon'ble Delhi HC decision\nin the case of Centrica India Offshore (P.) Ltd. vs CIT [2014] 44\ntaxmann.com 300 (Delhi HC) dated 25 April 2014, wherein the said\nissue was held against the assessee

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

section 148 of the Act\nwas issued, initiating the reassessment\nproceedings.\nRebuttal to the CIT(A)'s observations\nWhile the assessment order mentions\nunder-reporting, the penalty notice\nmentions under-reporting in consequence\nof misreporting.\nIt is settled position of law that levy of\npenalty must be specific and discernible.\n==End of OCR for page 45

MR. D K SHIVAKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

In the result, we allow appeal filed by the assessee

reassess the\ntotal income, where search is conducted u/s 132 or requisition is made u/s 132A.\nTherefore, in our opinion, the AO is not justified in reopening the assessment u/s 147\nand his order is illegal and arbitrary. In view of the above and in view of the decision\nrelied upon by the assessee, we do not find any merit