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

u/s 148 reopen the assessment of those six assessment year which falls\nwithin the exclusive jurisdiction of section 153A. Though, both provisions of the Act\nempowers the Assessing Officer to assess or reassess the income escaped from\nassessment, both sections are dealing with different situations. Section 147

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

u/s 148 reopen the assessment of those six assessment year which falls\nwithin the exclusive jurisdiction of section 153A. Though, both provisions of the Act\nempowers the Assessing Officer to assess or reassess the income escaped from\nassessment, both sections are dealing with different situations. Section 147

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

u/s 148 reopen the assessment of those six assessment year which falls\nwithin the exclusive jurisdiction of section 153A. Though, both provisions of the Act\nempowers the Assessing Officer to assess or reassess the income escaped from\nassessment, both sections are dealing with different situations. Section 147

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

u/s 148, the learned officer ought to have considered the amended provisions of section 148, 148A and 149 for the procedure to handle the reassessment after 01.04.2021. ii. Amended section 148 of the Act read as below: “Before making the assessment, reassessment or recomputation under section 147

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(2)(1), BANGALORE vs. SRI C GANGADHARA MURTHY , BANGALORE

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahuthe Dy. Commissioner Of Vs Shri C. Gangadhara Murthy Income-Tax, No. 322, 3Rd A Corss, 2Nd Block Circle - 6(2)(1) 3Rd Stage, Basaveshwaranagar Bangalore . Bangalore 560079. Pan – Agipg 2668 N (Appellant) (Respondent)

147 and failure to take steps under section 143(3) will not render the 8 Assessing Officer powerless to initiate reassessment proceedings even when intimation under section 143(1) has been issued.” 7. Further he also strongly relied on the judgement of the Hon'ble Allahabad High Court in the case of CIT vs. Jora Singh (2013) 32 taxmann.com

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

u/s 139. Shri J.M. Vrushabendraiah, Hospete Page 34 of 58 7.7 The section 148 (1) [as it stood at the relevant point of time] reads as under: “148. [(i)] Before making the assessment, reassessment or re-computation under section 147

M/S VVD CONSTRUCTIONS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment framed vide notice dated 148 dated 27.3.2017 is bad in law. 44. Next argument of the ld. AR is that notice u/s. 148 dated 21.11.2016 was issued prior to the date of obtaining approval from the competent authority which was accorded on 23.3.2017. Therefore, the notice u/s. 148 dated 21.11.2016 issued without approval is bad in law, consequently

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment framed vide notice dated 148 dated 27.3.2017 is bad in law. 44. Next argument of the ld. AR is that notice u/s. 148 dated 21.11.2016 was issued prior to the date of obtaining approval from the competent authority which was accorded on 23.3.2017. Therefore, the notice u/s. 148 dated 21.11.2016 issued without approval is bad in law, consequently

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment framed vide notice dated 148 dated 27.3.2017 is bad in law. 44. Next argument of the ld. AR is that notice u/s. 148 dated 21.11.2016 was issued prior to the date of obtaining approval from the competent authority which was accorded on 23.3.2017. Therefore, the notice u/s. 148 dated 21.11.2016 issued without approval is bad in law, consequently

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment framed vide notice dated 148 dated 27.3.2017 is bad in law. 44. Next argument of the ld. AR is that notice u/s. 148 dated 21.11.2016 was issued prior to the date of obtaining approval from the competent authority which was accorded on 23.3.2017. Therefore, the notice u/s. 148 dated 21.11.2016 issued without approval is bad in law, consequently

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment framed vide notice dated 148 dated 27.3.2017 is bad in law. 44. Next argument of the ld. AR is that notice u/s. 148 dated 21.11.2016 was issued prior to the date of obtaining approval from the competent authority which was accorded on 23.3.2017. Therefore, the notice u/s. 148 dated 21.11.2016 issued without approval is bad in law, consequently

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

147 of the Act for the initiation of reassessment proceedings is barred by limitation. The impugned assessment year is 2002-03. Notice u/s. 148 of the Act had ITA Nos. 46 & 47/Bang/2021 Page 5 of 40 been issued on 24.03.2014. Section

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

147 of the Act for the initiation of reassessment proceedings is barred by limitation. The impugned assessment year is 2002-03. Notice u/s. 148 of the Act had ITA Nos. 46 & 47/Bang/2021 Page 5 of 40 been issued on 24.03.2014. Section

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

147 of the Act states that “if the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income….” , Hence the basic requirement for initiating proceedings u/s

THAYAPPA BALAKRISHNA,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU-1, BENGALURU

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2014-15 Shri Thayappa Balakrishna, No. 987, 11Th Main, The Principal 1St Block, Commissioner Of 3Rd Stage, Income-Tax, Basaveshwaranagar, Bengaluru – 1. Vs. Bangalore – 560 079. Pan: Abdpb4893N Appellant Respondent : Shri Ravi Shankar .S.V, Assessee By Advocate Revenue By : Shri D.K. Mishra, Cit-Dr

147 of the act, inserted by the Finance (No. 2) Act of 2009 and Page 12 of 24 submitted that, even though the notice was issued under section 148 containing the reasons for reopening the assessment that does not contain reference to a particular issue, with reference to which income has escaped assessment, the Assessing Officer may assess or reassess

DCIT, BANGALORE vs. SHRI. JAGADISH N HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

u/s 148 of the Act, the AO “has reason to believe” that income chargeable to tax has escaped assessment. As per this section 147 of the Act if the AO “has reason to believe” that income chargeable to tax has escaped assessment, he could reopen the assessment. The term “has reason to believe” is wider enough to cover various circumstances

DCIT, BANGALORE vs. SHRI. SUMIR J HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

u/s 148 of the Act, the AO “has reason to believe” that income chargeable to tax has escaped assessment. As per this section 147 of the Act if the AO “has reason to believe” that income chargeable to tax has escaped assessment, he could reopen the assessment. The term “has reason to believe” is wider enough to cover various circumstances

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

section 147 of the Act stands satisfied. Such objections against the proceedings u/s. 148 are disposed of by the AO. Further, it was submitted that the assessee actually participated in the reassessment