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

3) or 144 had been made before. • Indivest Pte. Ltd., Singapore v. Additional Director of Income- tax-3(1), Mumbai [2012] 206 TAXMAN 351 (BOM.) • Inductotherm (India) Pvt. Ltd vs. DCIT (Guj.) 2012-TIOL-667- HC-AHM-IT 40. It is to be noted that the ‘reason to believe’ contemplated in section 147 should be that of the Assessing Officer

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

3: The Commissioner of Income-tax (Appeals) failed to appreciate that the process initiated under section 148 of the Act is bad in law as no proceedings can be initiated under section 148 if the information based on which the Shri J.M. Vrushabendraiah, Hospete Page 15 of 58 assessment is re-opened is pursuant to a material gathered

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

153 or section 153B thereof, expires on the 30th day of April, 2021 due to its extension by the said notifications, such time limit shall further stand extended to the 30th day of June, 2021; (b) the completion of any action, referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to passing

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 r.w.s. 143(3) of the Act on 30.12.2011. Consequent to search action, the notice u/s 153A of the Act was issued on 11.3.2014. Now the contention of the Ld. A.R. is that there was no seized material relevant to this assessment year so as to reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 r.w.s. 143(3) of the Act on 30.12.2011. Consequent to search action, the notice u/s 153A of the Act was issued on 11.3.2014. Now the contention of the Ld. A.R. is that there was no seized material relevant to this assessment year so as to reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 r.w.s. 143(3) of the Act on 30.12.2011. Consequent to search action, the notice u/s 153A of the Act was issued on 11.3.2014. Now the contention of the Ld. A.R. is that there was no seized material relevant to this assessment year so as to reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 r.w.s. 143(3) of the Act on 30.12.2011. Consequent to search action, the notice u/s 153A of the Act was issued on 11.3.2014. Now the contention of the Ld. A.R. is that there was no seized material relevant to this assessment year so as to reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 r.w.s. 143(3) of the Act on 30.12.2011. Consequent to search action, the notice u/s 153A of the Act was issued on 11.3.2014. Now the contention of the Ld. A.R. is that there was no seized material relevant to this assessment year so as to reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 r.w.s. 143(3) of the Act on 30.12.2011. Consequent to search action, the notice u/s 153A of the Act was issued on 11.3.2014. Now the contention of the Ld. A.R. is that there was no seized material relevant to this assessment year so as to reopen the concluded assessment and he relied on the judgement of Hon’ble Karnataka

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

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

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

II, Lucknow V. Scooter India Ltd (2017) 81 Taxmann.com 316 (Allahabad) 8.5 The ld. A.R. requested us to consider the submissions above and hold that, the order u/s. 143(3) r.w.s. 147 of the Act passed on 28.06.2019 by the Assessing Officer is bad in law and deserves to be annulled. 9. On the other hand, ld. D.R. submitted that

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BANGALORE vs. COFFEE DAY ENTERPRISES, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

II, Lucknow V. Scooter India Ltd (2017) 81 Taxmann.com 316 (Allahabad) 8.5 The ld. A.R. requested us to consider the submissions above and hold that, the order u/s. 143(3) r.w.s. 147 of the Act passed on 28.06.2019 by the Assessing Officer is bad in law and deserves to be annulled. 9. On the other hand, ld. D.R. submitted that

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BANGALORE

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

II, Lucknow V. Scooter India Ltd (2017) 81 Taxmann.com 316 (Allahabad) 8.5 The ld. A.R. requested us to consider the submissions above and hold that, the order u/s. 143(3) r.w.s. 147 of the Act passed on 28.06.2019 by the Assessing Officer is bad in law and deserves to be annulled. 9. On the other hand, ld. D.R. submitted that

DEPUTY COMMISSIONER OF INCOME-TAX, , BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

II, Lucknow V. Scooter India Ltd (2017) 81 Taxmann.com 316 (Allahabad) 8.5 The ld. A.R. requested us to consider the submissions above and hold that, the order u/s. 143(3) r.w.s. 147 of the Act passed on 28.06.2019 by the Assessing Officer is bad in law and deserves to be annulled. 9. On the other hand, ld. D.R. submitted that

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

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

ii) of sub-section (2) of section 143, but before the expiry of the time limit for making the assessment, re-assessment or re-computation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice.] 9Explanation.—For the removal of doubts, it is hereby declared

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

ii) of sub-section (2) of section 143, but before the expiry of the time limit for making the assessment, re-assessment or re-computation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice.] 9Explanation.—For the removal of doubts, it is hereby declared