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

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

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

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER W 1, HASSAN vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

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

KUMARSWAMY GANGASHARAISH KALLUR ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan Kassessment Year : 2014-15

reassessment order is beyond his jurisdiction. The provision of section 44AB of the Act are not applicable to the fictional provisions like section 68, 69, 69A, 69B

TABESCO HINDUSTAN INFRA DEVELOPERS PVT LTD., ,KERALA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeals of the assessee in ITA Nos

reassessment under Section 153C follows lines pari materia\nwith Section 153A.\nD. The First Proviso to Section 153C introduces a legal\nfiction on the basis of which the commencement date for\ncomputation of the six year or the ten year block is deemed to\nbe the date of receipt of books of accounts by the\njurisdictional AO. The identification

MKH INFRASTRUCTURE,KERALA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeals of the assessee in ITA Nos

reassessment under Section 153C follows lines pari materia\nwith Section 153A.\nD. The First Proviso to Section 153C introduces a legal\nfiction on the basis of which the commencement date for\ncomputation of the six year or the ten year block is deemed to\nbe the date of receipt of books of accounts by the\njurisdictional AO. The identification

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

sections": [ "147", "148", "132", "115BBE", "69B", "153C", "153A", "133A", "292C", "34 of the Evidence Act" ], "issues": "Whether additions made solely on the basis of uncorroborated loose sheets and a retracted statement are sustainable under the Income Tax Act, and whether reassessment

BIJU PAPPACHAN,KERALA vs. AO, BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2019-20

reassessment order passed by the AO, we take note of the fact that the assessee is retired Defence personnel and received pension and post retirements benefits during the year under consideration. During the course of the assessment proceedings, the AO issued notices u/s 133(6) of the Act to the SBI as well as to Air Force as the assessee

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

sections": [ "147", "148", "153A", "153C", "132", "133A", "69B", "115BBE", "292C", "132(4A)" ], "issues": "Whether additions made by the Assessing Officer based on uncorroborated loose sheets and retracted statements are sustainable? Whether reassessment

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(3), BENGLAURU vs. SHRI KEMPAREDDY GOVINDRAJU, DOMLUR, BENGALURU

In the result the appeals of the assessee in ITA No’s 1022 to 1024/ Bang/ 2024, for the Assessment Years 2014-15, 2015-16 and 2016-17 are allowed and the appeals of the Revenue in ITA Nos

Bench: Shri Laxmi Prasad Sahu & Shri Soundarajan K

69B, 69C or 69D of the Act. xxi. The CIT(A) also grossly erred in not taking note of the fact that if these amounts were really the income of the appellant, there must have been assets to represent these corresponding incomes which ought to have been unearthed in the course of search proceedings. xxii. The very fact that there

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

69B\nr.w.s.115BBE of the\nAct) | Interest\nadvances to Om\nSai |\n|---------|-------------------------------------------------------------------------------|------------------------------------------------------------------|--------------------------------------|\n| 2013-14 | Initiation of reassessment\nproceedings based\non\nmaterial already on\nrecord is bad in law | Rs.1,41,90,000/- | |\n| 2014-15 | Initiation of reassessment\nproceedings based on\nmaterial already on\nrecord is bad in law | Rs.5,52,05,000/- | Rs.36,00,000/- |\n| 2015-16 | Initiation

TABESCO HINDUSTAN INFRA DEVELOPERS PVT LTD.,,KERALA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeals of the assessee in ITA Nos

reassessment under Section 153C follows lines pari materia\nwith Section 153A.\nD. The First Proviso to Section 153C introduces a legal\nfiction on the basis of which the commencement date for\ncomputation of the six year or the ten year block is deemed to\nbe the date of receipt of books of accounts by the\njurisdictional AO. The identification

M/S. EMIRATES HINDUSTAN BUILDERS AND DEVELOPERS,KERALA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeals of the assessee in ITA Nos

reassessment under Section 153C follows lines pari materia\nwith Section 153A.\nD. The First Proviso to Section 153C introduces a legal\nfiction on the basis of which the commencement date for\ncomputation of the six year or the ten year block is deemed to\nbe the date of receipt of books of accounts by the\njurisdictional AO. The identification

SHRI. KEMPAREDDY GOVINDRAJ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3) , BENGALURU

In the result the appeals of the assessee in ITA No’s 1022 to\n1024/ Bang/ 2024, for the

reassess taking into\nconsideration the other material in respect of\ncompleted/unabated assessments. Meaning thereby, in respect of\ncompleted/unabated assessments, no addition can be made by the\nAO in absence of any incriminating material found during the\nsearch under section 132 or requisition u/s 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be reopened\nby the AO in exercise

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), QUEENS ROAD, BENGALURU vs. SHRI KEMPAREDDY GOVINDRAJU, DOMLUR, BENGALURU

69B,\n69C or 69D of the Act.\nxxi. The CIT(A) also grossly erred in not taking note of the fact\nthat if these amounts were really the income of the appellant,\nthere must have been assets to represent these corresponding\nincomes which ought to have been unearthed in the course of\nsearch proceedings. The very fact that there

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

sections": [ "147", "148", "132", "133A", "143(3)", "69B", "115BBE", "153C", "153A", "292C", "132(4A)" ], "issues": "Whether additions made on the basis of loose sheets and presumptions without corroborative evidence can be sustained? Whether the reassessment