SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE

In the result, the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

142 or under section 148 for the Making of the return or by the notice under the first proviso to section 144 to show cause why the assessment should not be completed to the best of the judgment of the Assessing Officer, whichever is earlier. (c) where an action has been taken under section 132 or section 132A, after

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), , BANGALORE

In the result, the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

142 or under section 148 for the Making of the return or by the notice under the first proviso to section 144 to show cause why the assessment should not be completed to the best of the judgment of the Assessing Officer, whichever is earlier. (c) where an action has been taken under section 132 or section 132A, after

SHRI. JITENDRA VIRWANI,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, both the appeals by the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

142(1), the DCIT, Circle – 2(1) sought copy of account with HSBC Geneva. If the DCIT, Circle – 2(1) did not have a copy of the bank account, it was submitted that it is not understood as to what material was in the possession of the Department for initiating assessment u/s 147. Hence, initiation of assessment u/s 147 without

SHRI. JITENDRA VIRWANI,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, both the appeals by the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

142(1), the DCIT, Circle – 2(1) sought copy of account with HSBC Geneva. If the DCIT, Circle – 2(1) did not have a copy of the bank account, it was submitted that it is not understood as to what material was in the possession of the Department for initiating assessment u/s 147. Hence, initiation of assessment u/s 147 without

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

142(1) was also issued from time to time calling for the\ndetails.\n5. In response to the statutory notices, the Authorized\nRepresentative of the assessee appeared time to time with supporting\nmaterial for verification. After examining, the AO noted as\nunder:\n4. The assessee had requested Mr. D V Harish to procure for him\n20 shops bearing No.85

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

In the result, we allow appeal filed by the assessee

142(1) was also issued from time to time calling for the\ndetails.\n5.\nIn response to the statutory notices, the Authorized\nRepresentative of the assessee appeared time to time with supporting\nmaterial for verification. After examining, the AO noted as\nunder:\n4.\nThe assessee had requested Mr. D V Harish to procure for him\n20 shops bearing No.85

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

In the result, we allow appeal filed by the assessee

142(1) was also issued from time to time calling for the\ndetails.\n5. In response to the statutory notices, the Authorized\nRepresentative of the assessee appeared time to time with supporting\nmaterial for verification. After examining, the AO noted as\nunder:\n4. The assessee had requested Mr. D V Harish to procure for him\n20 shops bearing No.85

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

142(1) was also issued from time to time calling for the\ndetails.\n5. In response to the statutory notices, the Authorized\nRepresentative of the assessee appeared time to time with supporting\nmaterial for verification. After examining, the AO noted as\nunder:\n4. The assessee had requested Mr. D V Harish to procure for him\n20 shops bearing No.85

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

142-145 of case law compilation, at page reason that was recorded in the 145, para 8. Also, Pune ITAT in Kishore assessment order read with the Digambar Patil vs ITO – page 157-176 of corrigendum case law compilation) - Receipts were offered to tax only after a notice under section 148 of the Act was issued, initiating the reassessment proceedings

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

142-145 of case law compilation, at page reason that was recorded in the 145, para 8. Also, Pune ITAT in Kishore assessment order read with the Digambar Patil vs ITO – page 157-176 of corrigendum case law compilation) - Receipts were offered to tax only after a notice under section 148 of the Act was issued, initiating the reassessment proceedings

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

142-145 of case law compilation, at page reason that was recorded in the 145, para 8. Also, Pune ITAT in Kishore assessment order read with the Digambar Patil vs ITO – page 157-176 of corrigendum case law compilation) - Receipts were offered to tax only after a notice under section 148 of the Act was issued, initiating the reassessment proceedings

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

142-145 of case law compilation, at page reason that was recorded in the 145, para 8. Also, Pune ITAT in Kishore assessment order read with the Digambar Patil vs ITO – page 157-176 of corrigendum case law compilation) - Receipts were offered to tax only after a notice under section 148 of the Act was issued, initiating the reassessment proceedings

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

142(1) was also issued from time to time calling for the\ndetails.\n\n5. In response to the statutory notices, the Authorized\nRepresentative of the assessee appeared time to time with supporting\nmaterial for verification. After examining, the AO noted as\nunder:-\n\n4. The assessee had requested Mr. D V Harish to procure for him\n20 shops bearing

NEETA BHAMBHANI,BENGALURU vs. DCIT, (IT), CIRCLE-1(1), BENGALURU

In the result, I pass the following:-

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

1. The sanction accorded under section 151 of the Act is bad in law, on the facts and circumstances of the case. 2. The order passed under section 148A(d) of the Act dt: 10/04/2024 is barred by limitation and consequently the entire proceedings is bad in law, on the facts and circumstances of the case. 3. The notice issued

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

142(1) of the Act along with the Show Cause notice dated 19/01/2024 to which the assessee made part compliances. In the instant case specific information was disseminated through the insight portal in accordance with the Risk Management Strategy (RMS) formulated by the CBDT. As per the information available, the assessee had undertaken the below mentioned transactions during the period

SRI. ANNESH,UDUPI vs. INCOME-TAX OFFICER, WARD-1, CHIKMANGALUR

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojari

142(1) or 143(2) or after completion of assessment, whichever was earlier. If no return of income was made, objection to the jurisdiction could be entertained, if made within the time allowed by way of notice under Section 115WD(2)/142(1)/115WH(1)/148 of the Act to make the return or by notice under first proviso

M/S. CRYSTAL GRANITE AND MARBLE PRIVATE LIMITED,RAMANAGARAM vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes and Stay Petition is dismissed as infructuous

Bench: Shri George George K & Shri Laxmi Prasad Sahus.P No.29/Bang/2023 Assessment Year: 2017-18

reassessment or recomputation under section 147, and subject to the provisions of section 148A, the Assessing Officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148A, requiring him to furnish within such period, as may be specified in such notice, a return of his income

SAIKAT CHINMAY BHATTACHARYA,MUMBAI vs. DY. CIT, INTERNATIONAL TAXATION, CIRCLE 1(1), BANGALORE

In the result the appeal filed by the assessee is allowed

142(1) of the Act\nwas issued on various dates and assessee had also furnished his\nreply.\n4.1 It is seen from the submission of the assessee that the\nassessee had sold two immovable property (composite property)\napartment no.13F & 13G situated at 13th floor of tower “Windsor\"\nMerlin Residency, Prince Anwar Sha Road, Ward No.-89, Kolkata for\nRs.86

RAGHAVAN NAMBATH MENON,BENGALURU vs. ITO, WARD INTL. TAXATION 1(2), BMTC BUILDING, KORAMANGALA, BENGALURU

In the result, I pass the following:-

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

142(1) of the Act were issued along with the Show Cause notice dated 05/12/2023 to the assessee. As observed by the AO, the assessee made only part compliances. 3.1 In the instant case, specific information was disseminated through the insight portal in accordance with the risk management strategy (RMS) formulated by the CBDT. As per the information available