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

153, assess or reassess such income….” , Hence the basic requirement for initiating proceedings u/s. 147 is that the AO should have “reason to believe that any income chargeable to tax has escaped assessment”. 44. We have gone through the reasons recorded for these two assessment years which are as follows:- “Assessment Year 2006-2007: "Based on the information received under

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

153, assess or reassess such income….” , Hence the basic requirement for initiating proceedings u/s. 147 is that the AO should have “reason to believe that any income chargeable to tax has escaped assessment”. 44. We have gone through the reasons recorded for these two assessment years which are as follows:- “Assessment Year 2006-2007: "Based on the information received under

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

147, section 148, section 149,\nsection 151 and section 153, where the Assessing Officer is satisfied that any money, bullion,\njewellery or other valuable article or thing or books of account or documents seized or\nrequisitioned belongs or belong to a person other than the person referred to in section 153A,\nthen the books of account or documents or assets

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

147, section 148, section 149,\nsection 151 and section 153, where the Assessing Officer is satisfied that any money, bullion,\njewellery or other valuable article or thing or books of account or documents seized or\nrequisitioned belongs or belong to a person other than the person referred to in section 153A,\nthen the books of account or documents or assets

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

147, section 148, section 149,\nsection 151 and section 153, where the Assessing Officer is satisfied that any money, bullion,\njewellery or other valuable article or thing or books of account or documents seized or\nrequisitioned belongs or belong to a person other than the person referred to in section 153A,\nthen the books of account or documents or assets

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

147, section 148, section 149,\nsection 151 and section 153, where the Assessing Officer is satisfied that any money, bullion,\njewellery or other valuable article or thing or books of account or documents seized or\nrequisitioned belongs or belong to a person other than the person referred to in section 153A,\nthen the books of account or documents or assets

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

147, section 148, section 149,\nsection 151 and section 153, where the Assessing Officer is satisfied that any money, bullion,\njewellery or other valuable article or thing or any books of account or documents seized or\nrequisitioned belongs or belong to a person other than the person referred to in section 153A,\nthen the books of account or documents

SRI. KEMPANNA (HUF - DISRUPTED),BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri Arun Kumar Garodiaassessment Year : 2006-07

reassessment void ab initio. Since, the decision of Hon'ble High court of Madras in the above case reported in (2018) 93 taxmann. Com 371 (Madras) that noncompliance of procedure indicated by Supreme Court would not make order void or non- est and such a violation is a procedural irregularity which could be cured, has become final; it is respectfully

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

153(2) of the Act has run out, the failure to issue such notice under Section 143(2) ITA Nos.823 to 824/Bang/2025 Intact Developers Pvt. Ltd., Bangalore Page 21 of 23 of the Act would result in the entire proceedings, including any order of assessment, to be quashed. (2) Section 292BB of the Act does not dispense with the issuance

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

153(2) of the Act has run out, the failure to issue such notice under Section 143(2) ITA Nos.823 to 824/Bang/2025 Intact Developers Pvt. Ltd., Bangalore Page 21 of 23 of the Act would result in the entire proceedings, including any order of assessment, to be quashed. (2) Section 292BB of the Act does not dispense with the issuance

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

Accordingly, the appeals of the assessee for the AY 2015-16\nto AY 2017-18 are allowed

u/s 144 r/w 147 are null & void.\n12.\nAccordingly, the appeals of the assessee for the AY 2015-16\nto AY 2017-18 are allowed.\nOrder pronounced in the open court on 24th Nov, 2025\nSd/-\n(Waseem Ahmed)\nAccountant Member\nBangalore,\nDated 24th Nov, 2025.\nVG/SPS\nSd/-\n(Keshav Dubey)\nJudicial Member\nCopy to:\n1. The Applicant

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

2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151. (3) If the person on whom a notice under section 148 is to be served is a person treated as the agent of a non-resident under section 163 and the assessment, reassessment or recomputation to be made

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

2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151. (3) If the person on whom a notice under section 148 is to be served is a person treated as the agent of a non-resident under section 163 and the assessment, reassessment or recomputation to be made

ACIT, BANGALORE vs. M/S ASHED PROPERTIES AND INVESTMENTS PVT. LTD.,, BANGALORE

Accordingly, the appeal by the Revenue is dismissed, while the Cross Objection by the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2008-09

reassessment or re-computation as specified in section 153(2), such (otherwise time-barred) notice shall be deemed to be a valid notice. Further, the new Explanation inserted with effect from 1st October, 2005, specifically clarifies that the aforestated (newly inserted) provisos shall not apply to any return which has been furnished on or after 1st October, 2005, in response

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

reassessment instead of assessment does not vitiate assessment proceedings. k) Wherefore it is prayed that this Tribunal may be pleased to appreciate this submission and hold that the notice u/s 148 being issued without application of mind, the entire assessment proceedings loose its sanctity and the proceedings are liable to be held null and void on the facts and circumstances

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

reassessment proceedings by issue of notice u/s. 148, after formation of belief that income chargeable to tax escaped assessment. Therefore he confirmed the reopening of assessment. 8. The assessee also challenged before the CIT(Appeals) that assessment should have been completed u/s. 153C r.w.s. 153A of the Act. In this case assessment was completed u/s. 147 r.w.s. 153C which

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH, BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

153 r.w.s 153A and dismissed the additional ground of appeal by observing that there is nothing to prohibit the AO to have initiated proceedings u/s 147 and concluding the assessment and confirmed the validity of order u/s 143(3) and 147 of the Act. 6. Further, the CIT(A) dealt on the findings of the Hon’ble Settlement Commission order

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH , BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

153 r.w.s 153A and dismissed the additional ground of appeal by observing that there is nothing to prohibit the AO to have initiated proceedings u/s 147 and concluding the assessment and confirmed the validity of order u/s 143(3) and 147 of the Act. 6. Further, the CIT(A) dealt on the findings of the Hon’ble Settlement Commission order

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE vs. SHRI SACHIN KAMATH , BANGALORE

In the result, the Revenue’s appeals bearing ITA Nos

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadale

153 r.w.s 153A and dismissed the additional ground of appeal by observing that there is nothing to prohibit the AO to have initiated proceedings u/s 147 and concluding the assessment and confirmed the validity of order u/s 143(3) and 147 of the Act. 6. Further, the CIT(A) dealt on the findings of the Hon’ble Settlement Commission order