PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 1(3), BENGALURU, BANGALORE

In the result the appeal of the assessee is allowed

Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

reassessment proceedings under section 147 of the Act are invalid and bad in law. 3. Assessment Order passed by the Learned AO under section 144 rws 147 rws 144C(13) of the Act is barred by limitation under section 153 of the Act 3.1. On the facts and in the circumstances of the case and in law, the Assessment Order

M/S. TOKAI RIKA MINDA INDIA PVT. LTD,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME-TAX(CENTRAL), BENGALURU

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2018-19

reassessment order itself is bad in law, whether such order can be revised u/s. 263 of the Act. The Tribunal held that since no notice u/s. 143(2) was prepared, issued and served upon the assessee, the assessment framed u/s. 147 of the Act is illegal, invalid and bad in law. Assessee can challenge the validity of re-assessment proceedings

INMOBI TECHNOLOGY SERVICES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE3(1)(1), BANGALORE

reassessment or recomputation or fresh assessment, as the case may be, expires'. Since the time limit for passing of the order by the TPO is not direct but is linked with the time limit as per section 153, the legislature did not insert any sunset clause in section 153, which would have otherwise made the provision of sub-section

WESTERN DIGITAL TECHNOLOGIES INC.,UNITED STATES OF AMERICA vs. DEPUTY COMMISSIONER OF INCOME-TAX, (INTERNATIONAL TAXATION), CIRCLE-2(1) , BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

reassessment proceedings were initiated in the case of assessee for A.Y. 2016-17, based on the statements recorded of the employees. It is noted that the revenue proceeded on a fact that assessee transacted with SanDisk India even prior to the date of acquisition, which is unfounded and without any documentary support. Page