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

section 153A, made it mandatory that the Assessing Officer\nbound to issue notice u/s 153A or 153C, thereafter proceed to assess or reassess the\ntotal income, where search is conducted u/s 132 or requisition is made u/s 132A.\nTherefore, in our opinion, the AO is not justified in reopening the assessment u/s 147\nand his order is illegal and arbitrary

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

sections 147 to 151 as per the Finance Act, 2021. (III)There appears to be a genuine non-application of the amendments as the officers of the revenue may have been under a bona fide belief that the amendments may not yet have been enforced.” 4. AS REGARDS THE ABSENCE OF JUSTIFICATION WITH REGARDS TO THE ADDITION

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

section 153A, made it mandatory that the Assessing Officer\nbound to issue notice u/s 153A or 153C, thereafter proceed to assess or reassess the\ntotal income, where search is conducted u/s 132 or requisition is made u/s 132A.\nTherefore, in our opinion, the AO is not justified in reopening the assessment u/s 147\nand his order is illegal and arbitrary

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

section 153A, made it mandatory that the Assessing Officer\nbound to issue notice u/s 153A or 153C, thereafter proceed to assess or reassess the\ntotal income, where search is conducted u/s 132 or requisition is made u/s 132A.\nTherefore, in our opinion, the AO is not justified in reopening the assessment u/s 147\nand his order is illegal and arbitrary

M/S.NAVODAYA GRAMA VIKAS CHARITABLE TRUST ,MANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1 , , MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections

M/S NAVODAYA GRAMA VIKAS CHARITABLE TRUST ,MANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1 , MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections

SHRI. M.RAMASWAMY REDDY (HUF),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, these three appeals of the assessee for Assessment Years

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when ITA Nos. 145 to 149/Bang/2017 Page 7 of 9 intimation under section 143(1) had been issued." 4.7 Applying the ratio laid down by the apex court in the aforesaid case, it has to be seen

M. RAMASWAMY REDDY,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 10(1), BANGALORE

In the result, these three appeals of the assessee for Assessment Years

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when ITA Nos. 145 to 149/Bang/2017 Page 7 of 9 intimation under section 143(1) had been issued." 4.7 Applying the ratio laid down by the apex court in the aforesaid case, it has to be seen

SHRI. M.RAMASWAMY REDDY (HUF),BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, these three appeals of the assessee for Assessment Years

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when ITA Nos. 145 to 149/Bang/2017 Page 7 of 9 intimation under section 143(1) had been issued." 4.7 Applying the ratio laid down by the apex court in the aforesaid case, it has to be seen

M. RAMASWAMY REDDY,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 10(1), BANGALORE

In the result, these three appeals of the assessee for Assessment Years

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when ITA Nos. 145 to 149/Bang/2017 Page 7 of 9 intimation under section 143(1) had been issued." 4.7 Applying the ratio laid down by the apex court in the aforesaid case, it has to be seen

M. RAMASWAMY REDDY,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 10(1), BANGALORE

In the result, these three appeals of the assessee for Assessment Years

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when ITA Nos. 145 to 149/Bang/2017 Page 7 of 9 intimation under section 143(1) had been issued." 4.7 Applying the ratio laid down by the apex court in the aforesaid case, it has to be seen

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

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. - The CIT(A) has distinguished the facts of the case from Karnataka

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

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. - The CIT(A) has distinguished the facts of the case from Karnataka

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

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. - The CIT(A) has distinguished the facts of the case from Karnataka

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

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. - The CIT(A) has distinguished the facts of the case from Karnataka

T.G. RANGANATH,BANGALORE vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported

T.G. RANGANATH,BANGALORE vs. DCIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported

ACIT, BANGALORE vs. SRI. T.G. RANGANATH, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

147 and failure to take steps under section 143(3) will not render the Assessing Officer powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued. 7.3 Same view is fortified by the judgement of Hon’ble Supreme Court in the case of ACIT Vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. reported