MAKINO INDIA PVT. LTD.,,BANGALORE vs. ACIT,

In the result, the assessee's appeal for Assessment Year 2004-05 is treated as partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

reassessment proceedings were completed exparte under Section 144 rws 147 of the Act vide order dt.29.12.2009, wherein the loss under normal provisions was computed at Rs.34,65,112. The ‘book profits’ under Section 115JB of the Act was determined at Rs.1,66,60,438 as under :- Profits before tax as per P&L Account : Rs.2

DCIT, BANGALORE vs. M/S MAKINO INDIA PRIVATE LIMITED, BANGALORE

In the result, the assessee's appeal for Assessment Year 2004-05 is treated as partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

reassessment proceedings were completed exparte under Section 144 rws 147 of the Act vide order dt.29.12.2009, wherein the loss under normal provisions was computed at Rs.34,65,112. The ‘book profits’ under Section 115JB of the Act was determined at Rs.1,66,60,438 as under :- Profits before tax as per P&L Account : Rs.2

HYAGREEVA HOTELS & RESORTS PRIVATE LIMITED ,BANGALORE vs. THE JOINT COMMISSIONER OF INCOME TAX(OSD) CIRCLE-3(1)(1) , BENGALURU

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

Bench: Shri George George K & Shri Waseem Ahmedr Assessment Year : 2012-13 M/S. Hyagreeva Hotels & Resorts Pvt. Ltd., Vs. Jcit (Osd), No.10/6, Lavelle Road, Circle – 3(1)(1), Bengaluru – 560 001. Bengaluru. Pan : Aaach 7551 A Appellant Respondent Assessee By : Shri. Akshita, Ca Revenue By : Shri. Ramanathan, Addl. Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 12.06.2024 Date Of Pronouncement : 12.06.2024

losses amounting to Rs.22,43,078/- carried forward from the Assessment Year 2010-11, thereby further enhancing the income assessed during the reassessment proceedings u/s 143(3) r.w.s 147

SHRI.J M VRUSHABENDRAIAH ,HOSPET vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

The appeal of the assessee is partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

forwarded certain information to the AO of the assessee. The AO had not received any satisfaction note (as required u/s 153C) from the AO of the searched person. Therefore the AO could not have invoked the provisions of Section 153C. Therefore, after examining the said information, the AO recorded the reasons to the effect that the income has escaped assessment

INCOME TAX OFFICER, WARD - 3(2)(3), BANGALORE vs. SRI MADE GOWDA THIBBE GOWDA, BANGALORE

In the result, the appeal of the revenue is dismissed and CO of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2008-09

forwarded by the search team on conducting the search in the case of K.G. Krishna. That information suggested that K.G. Krishna has paid a sum of Rs.2.55 crores as facilitation fee. & CO No.51/Bang/2019 Page 11 of 38 18. It was further submitted that vide letter dated 26.09.2014 the ACIT, Circle-2(1), Bangalore has communicated the recorded reasons. Section 147

M/S NXP INDIA PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMMISSIONER OF INCOME TAX CIRCLE-5(1)(1), BANGALORE

In the result, the appeal by the assessee is allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2009-10

carry forward of short term capital loss amounting to Rs. 24,97,62,558 as claimed in the return of income by the Appellant. 10. The learned AO/CIT(A) has erred in law and facts in adding the apportioned cost of goodwill amounting to Rs. 32,76,86,270, to the income of the Appellant, arbitrarily without any basis

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess' to completed assessment proceedings. vi. Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each AY on the basis of the findings of the search and any other material existing or brought on the record

GOPALIYENGAR MADABUSHI MURALIDHAR, ,BENGALURU vs. INCOME-TAX OFFICER, WARD-7(2)(4), BENGALURU

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Chandra Poojari (Accountant Member), Shri Keshav Dubey (Judicial Member)

carry forward of losses, the learned A.R. vehemently submitted that the denial of losses without verification/ examination to the tune of Rs. 29,34,388/- is erroneous and bad in law. 7. The learned D.R., on the other hand, submitted that during the course of scrutiny proceedings u/s. 143(3) of the Act the final notice u/s

DCIT, CENTRAL CIRCLE, BELLARI vs. M/S. NAVODAYA EDUCATION TRUST, RAICHUR

In the result, the appeal of the revenue is partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year: 2009-10

carried forward. Under section 139(4) of the Act any person who has not furnished return within the time allowed to him under sub-section (1), or within time allowed under a notice issued under sub-section (1) of section 142 of the Act, may furnish the return for any previous year at any time before expiry of one year

INTACT DEVELOPERS PRIVATE LIMITED ,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

forward loss claimed by the appellant. 10. The ld. AO erred in levying interest u/s 234A and 234B of the Act. Total tax effect Rs.52,40,870/- 3. The assessee in ITA No.824/Bang/2025 for the AY 2016-17 has raised the following grounds of appeal: 1. The orders of the lower authorities are opposed to law, facts and circumstances

INTACT DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

forward loss claimed by the appellant. 10. The ld. AO erred in levying interest u/s 234A and 234B of the Act. Total tax effect Rs.52,40,870/- 3. The assessee in ITA No.824/Bang/2025 for the AY 2016-17 has raised the following grounds of appeal: 1. The orders of the lower authorities are opposed to law, facts and circumstances

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(2), BANGALORE vs. MR. M R SEETHARAM, BANGALORE

In the result, the appeal filed by the revenue stands allowed as indicated hereinabove

u/s. 147 of the Act as against 153C since the Ld.AO reopened the assessment based on materials seized during a search. Before we proceed with the analysing applicability of section 148 vis-à-vis 153C it is necessary to extract the relevant context. "Assessment of income of any other person. - 153C. [(1) Notwithstanding anything contained in section 139, section 147

SRI S.R. RAVISHANKAR,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), BANGALORE

In the result, the appeal is allowed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year :2011-12 Shri.S. R. Ravishankar, Vs. Pr. Commissioner Of Income Tax No.80, 1St Main, Between 3Rd & 4Th (Central), Cross, Chamrajpet, Bengaluru. Bengaluru – 560 018. Pan : Aclpr 5363 C Appellant Respondent Assessee By : Shri. S. Ramasubramanian, Ca Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 15.02.2022 Date Of Pronouncement : 22.02.2022 O R D E R

reassessment has nothing to do with the said issue and therefore, doctrine of merger would not apply to the present case and the revision of order u/s. 147 of the Act is not valid and the original assessment order u/s. 143(3) of the Act barred by limitation. 5. The next contention of the assessee was that the question whether

THE HAMLET,BANGALORE vs. THE INCOME-TAX OFFICER-WARD-6(2)(4), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2012-13 M/S. The Hamlet, No. 11, Kemwell House, The Income Tax Tumkur Road, Officer, Yeshwanthpur, Ward – 6(2)(4), Bangalore – 560 022. Bangalore. Vs. Pan: Aaaft6690D Appellant Respondent Assessee By : Shri H.N. Kincha, Ca : Shri D.K. Mishra, Cit - Revenue By Dr Date Of Hearing : 24-08-2023 Date Of Pronouncement : 16-11-2023 Order Per Beena Pillaipresent Appeal Arises Out Of The Order Dated 27.12.2022 Passed By The Nfac, Delhi For A.Y. 2012-13 On Following Grounds Of Appeal: “1. The Learned Commissioner Of Income Tax (Appeals) Has Erred In Passing The Appellate Order In The Manner Passed. The Appellate Order As Passed Is Bad In Law & Is Liable To Be Quashed. 2. In Any Case, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Confirming The Assessment Order Passed By The Learned Assessing Officer. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals) Should Have Quashed, The Order Passed By Assessing Officer Or Atleast Should Have Deleted The Additions Made By The Assessing Officer.

carried forward and interest levied thereon be deleted.” Page 4 of 52 M/s. The Hamlet, Bangalore 2. Brief facts of the case are as under: 2.1 Assessee is a firm doing its business of real estate and infrastructure development. For the year under consideration, it filed its return of income on 30.07.2012 declaring short term capital loss of Rs.1