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

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

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, 69C

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

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

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

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

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

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

reassessment\nproceedings based\non\nmaterial already\non\nrecord is bad in law\nRs.56,66,666/-\n\n3.\nThe assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view

ARUN DURAISWAMY,MYSORE, KARNATAKA vs. ITO, INTL. TAXATION WARD 1(1), BANGALORE

In the result the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

reassessment 2,90,654/- proceedings were initiated by an Income Tax (excluding Authority who had no jurisdiction over the interest) Appellant. 3. Without prejudice to ground no 2 and assuming without admitting that the proceedings were validly initiated, the order of Same as above the Ld. AO and the order of the Ld DRP under whose directions the impugned assessment

EXCELLENT POWER CONTROLS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

69C of the Income Tax Act, 1961. Consequently, these purchases cannot be subjected to the tax provisions outlined under Section 115BBE of the Act. 8. However, the learned CIT(A) rejected the assessee's contentions by observing that: . ITA No.1979, 1980 & 1981/Bang/2024 Page 4 of 6 a) Crucial documents such as delivery challans, stock registers, vehicle numbers, weighing slips

EXCELLENT POWER CONTROLS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1(, BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

69C of the Income Tax Act, 1961. Consequently, these purchases cannot be subjected to the tax provisions outlined under Section 115BBE of the Act. 8. However, the learned CIT(A) rejected the assessee's contentions by observing that: . ITA No.1979, 1980 & 1981/Bang/2024 Page 4 of 6 a) Crucial documents such as delivery challans, stock registers, vehicle numbers, weighing slips

EXCELLENT POWER CONTROLS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

69C of the Income Tax Act, 1961. Consequently, these purchases cannot be subjected to the tax provisions outlined under Section 115BBE of the Act. 8. However, the learned CIT(A) rejected the assessee's contentions by observing that: . ITA No.1979, 1980 & 1981/Bang/2024 Page 4 of 6 a) Crucial documents such as delivery challans, stock registers, vehicle numbers, weighing slips

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

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

reassessment\nproceedings based on\nmaterial already on\nrecord is bad in law\nRs.56,66,666/-\n3.\nThe assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view of\nnon

M/S. SRI . ADICHUNCHANAGIRI SHILKSHANA TRUST,MANDYA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

In the result ITA no.1096/bang/2024 filed by assessee is partly\nallowed and ITA No

69C of the Act are not applicable to\nthe facts of the case.\na. Without prejudice to the preceding grounds, the\nLearned CIT(A) has erred in not considering that the\namounts which are alleged to be incurred by the Trust are\nnot illegal payments but are payments to ensure that the\nPage 4 of 127\nITA Nos.1096 & 1207/Bang/2024\nAppellant