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

Bench: Shri Laxmi Prasad Sahu & Shri Soundarajan K

reassess the total income, where search is conducted u/s 132 or requisition is made u/s 132A. Therefore, in our opinion, the AO is not justified in reopening the assessment u/s 147 and his order is illegal and arbitrary. In view of the above and in view of the decision relied upon by the assessee, we do not find any merit

M/S. TRISHUL BUILDTECH & INFRASTRUCTURES PVT. LTD.,,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, assessee’s appeals are partly allowed

Bench: Shri Chandra Poojari & Shri George George K.

147, and 10.3 In the light of above, we will examine the facts of present case for AY 2016-17: 10.3.1 In this case, the assessee filed return for AY 2016- 17 u/s 139(1) of the Act on 13.10.2016 declaring Nil income and processed u/s 143(1) of the Act on 24.8.2017. The search took ITA Nos.107 to 109/Bang/2022

M/S. TRISHUL BUILDTECH & INFRASTRUCTURES PVT. LTD.,,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, assessee’s appeals are partly allowed

Bench: Shri Chandra Poojari & Shri George George K.

147, and 10.3 In the light of above, we will examine the facts of present case for AY 2016-17: 10.3.1 In this case, the assessee filed return for AY 2016- 17 u/s 139(1) of the Act on 13.10.2016 declaring Nil income and processed u/s 143(1) of the Act on 24.8.2017. The search took ITA Nos.107 to 109/Bang/2022

M/S. TRISHUL BUILDTECH & INFRASTRUCTURES PVT. LTD.,,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, assessee’s appeals are partly allowed

Bench: Shri Chandra Poojari & Shri George George K.

147, and 10.3 In the light of above, we will examine the facts of present case for AY 2016-17: 10.3.1 In this case, the assessee filed return for AY 2016- 17 u/s 139(1) of the Act on 13.10.2016 declaring Nil income and processed u/s 143(1) of the Act on 24.8.2017. The search took ITA Nos.107 to 109/Bang/2022

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

145\n22 on 30.09.2022, as per the sixth proviso to section 153B(1) of the Act.\nTherefore, the assessments completed on 24.11.2023 and 28.11.2023\nare clearly barred by limitation and are void ab initio.\n8.5 The ld. AR concluded by praying that the Hon’ble Tribunal may\nkindly hold that the assessments made for A.Ys

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

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

145 - 159 2. Copy of Ledger extracts of relevant expenditure debited to profit 160 - 167 and Loss Account for the year Copy of ledger extract of land at keragalli village 3. 168 4. Copy of sale deed for purchase of property 169 - 179 5. Copy of Release deed/Relinquishment deed. 180 - 190 6. Ledger extract of Advance for site to Sundar

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

145 - 159 2. Copy of Ledger extracts of relevant expenditure debited to profit 160 - 167 and Loss Account for the year Copy of ledger extract of land at keragalli village 3. 168 4. Copy of sale deed for purchase of property 169 - 179 5. Copy of Release deed/Relinquishment deed. 180 - 190 6. Ledger extract of Advance for site to Sundar

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

145 - 159 2. Copy of Ledger extracts of relevant expenditure debited to profit 160 - 167 and Loss Account for the year Copy of ledger extract of land at keragalli village 3. 168 4. Copy of sale deed for purchase of property 169 - 179 5. Copy of Release deed/Relinquishment deed. 180 - 190 6. Ledger extract of Advance for site to Sundar

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

145 - 159 2. Copy of Ledger extracts of relevant expenditure debited to profit 160 - 167 and Loss Account for the year Copy of ledger extract of land at keragalli village 3. 168 4. Copy of sale deed for purchase of property 169 - 179 5. Copy of Release deed/Relinquishment deed. 180 - 190 6. Ledger extract of Advance for site to Sundar

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

145 - 159 2. Copy of Ledger extracts of relevant expenditure debited to profit 160 - 167 and Loss Account for the year Copy of ledger extract of land at keragalli village 3. 168 4. Copy of sale deed for purchase of property 169 - 179 5. Copy of Release deed/Relinquishment deed. 180 - 190 6. Ledger extract of Advance for site to Sundar

K. G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

145 - 159 2. Copy of Ledger extracts of relevant expenditure debited to profit 160 - 167 and Loss Account for the year Copy of ledger extract of land at keragalli village 3. 168 4. Copy of sale deed for purchase of property 169 - 179 5. Copy of Release deed/Relinquishment deed. 180 - 190 6. Ledger extract of Advance for site to Sundar

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

3 to section foreign entities had reasonable cause to 271(1)(c) of the Act was upheld not offer the receipts to tax in the return under section 139 of the Act basis: - (Page 10-11 of the CIT(A)’s order) IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents

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

3 to section foreign entities had reasonable cause to 271(1)(c) of the Act was upheld not offer the receipts to tax in the return under section 139 of the Act basis: - (Page 10-11 of the CIT(A)’s order) IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents

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

3 to section foreign entities had reasonable cause to 271(1)(c) of the Act was upheld not offer the receipts to tax in the return under section 139 of the Act basis: - (Page 10-11 of the CIT(A)’s order) IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents

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

3 to section foreign entities had reasonable cause to 271(1)(c) of the Act was upheld not offer the receipts to tax in the return under section 139 of the Act basis: - (Page 10-11 of the CIT(A)’s order) IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents

M/S. CISCO SYSTEMS SERVICES B.V. INDIA BRANCH,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE- 1(1), BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 2572/Bang/2019 Assessment Year : 2011-12 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, Mahatma Gandhi International Taxation, Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca Revenue By : Shri Pradeep Kumar, Cit (Dr) Date Of Hearing : 04-01-2022 Date Of Pronouncement : 12-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 31.12.2015 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. —India Branch (Hereinafter Referred To As 'The Appellant'), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The 'Learned Ao') Dated October 15, 2019 Under Section 147 Read With Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (`The Act') Pursuant To The Directions Dated September 23, 2019 Issued By The Drp U/S 144C(5) Of The Act ('The Impugned Order') Inter-Alia On The Following Grounds:

147 of the Act. Since, the reassessment order has been passed without providing 4 weeks' time, the Appellant wishes to challenge the same by way of Page 4 of 16 IT(IT)A No. 2572/Bang/2019 additional grounds in view of decision of Hon'ble Bombay High Court in case of Bharat Jayantilal Patel (2015)(378 ITR 596) and others. Accordingly