M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

2 years and 3 months after the knowledge about facts, on the basis of which section 153C proceedings are initiated. It is submitted that the same is not permissible considering the decision of this Court in the case of Calcutta Knitwears (supra). 5.10 Learned counsel appearing on behalf of the assesses in Civil Appeal

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

2(d),the appellant has contended that the mandatory requirement\nof recording satisfaction, as prescribed under Section 153C of the Act has\nnot been complied with. Alternatively, it is submitted that even if such\nsatisfaction has been recorded, a copy of the satisfaction note has not been\nfurnished to the appellant, thereby rendering the assessment proceedings\nlegally unsustainable.During the course

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

2 years and 3 months after the knowledge about facts, on the basis of which section 153C proceedings are initiated. It is submitted that the same is not permissible considering the decision of this Court in the case of Calcutta Knitwears (supra). 5.10 Learned counsel appearing on behalf of the assesses in Civil Appeal

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

reassess income of such other person in accordance with the provisions of\nsection 153A...'\n\n10. It is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions

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

reassess income of such other person in accordance with the provisions of\nsection 153A...\n10.\nIt is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment

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

reassess income of such other person in accordance with the provisions of\nsection 153A...\n10.\nIt is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment

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

reassess income of such other person in accordance with the provisions of\nsection 153A...\n10.\nIt is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment

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

reassess income of such other person in accordance with the provisions of\nsection 153A...\n10. It is seen from the above that Section 153C starts with a non obstante clause, which actually\nprohibits initiation of proceedings under any section other than Section 153C under the facts and\ncircumstances as prevalent in the present case. The AO mentions in the assessment

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

2(8) includes reassessment and that since in this case no assessment u/s 143(3) took place, therefore the AO was justified in initiating reassessment u/s 147 of the Act and mentioning 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

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

153C or after the completion of the assessment, whichever is earlier.) (4) Subject to the provisions of sub-section (3), where an assessee calls in question the jurisdiction of an- Assessing Officer, then the Assessing Officer shall, if not satisfied with the correctness of the claim, refer the matter for determination under sub- section (2) before the assessment is made

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

153C or after the completion of the assessment, whichever is earlier.) (4) Subject to the provisions of sub-section (3), where an assessee calls in question the jurisdiction of an- Assessing Officer, then the Assessing Officer shall, if not satisfied with the correctness of the claim, refer the matter for determination under sub- section (2) before the assessment is made

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

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 2(3), BANGALURU vs. SHRI T.H SURESH BABU, BELLARY

In the result, the appeal by the revenue is dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

u/s. 153C of the Act is valid or not. For this purpose, we will go through the provisions of section 153A, 153B & 153C of the Act as follows:- Assessment in case of search or requisition. 153A. (1)] Notwithstanding anything contained in section 139, section 147, section 148 , section 149, section 151 and section 153 , in the case of a person

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

153C of the Act and the assessment was ought to have framed u/s 153A of the Act. Now we take provisions of section 153A of the Act, which reads as follows:- “153A. Assessment in case of search or requisition. (1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case

MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

153C of the Act and the assessment was ought to have framed u/s 153A of the Act. Now we take provisions of section 153A of the Act, which reads as follows:- “153A. Assessment in case of search or requisition. (1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(2), BANGALORE vs. MR. M R SEETHARAM, BANGALORE

In the result, the appeal filed by the revenue stands allowed as indicated hereinabove

153C. 20. It is therefore necessary at this juncture to reproduce the reasons recorded as under and to meet with the arguments / objections raised by the Ld.AR against the reopening of assessment u/s. 148 of the Act. “I am furnishing herewith the reasons for issue of notice uls. 148 In your case for the assessment year 2007-08 as under

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3),, BANGALORE vs. M/S CONC SHADE CONSTRUCTIONS PVT LTD , CHIKKAMANGALUR

In the result, all the appeals by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3) , BANGALORE vs. M/S CONC SHADE CONSTRUCTION PVT LTD , CHIKKAMANGALUR

In the result, all the appeals by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(3), BANGALORE , BANGALORE vs. M/S CONC SHADE CONSTRUCTION PVT LTD , CHIKKAMANGALUR

In the result, all the appeals by the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,— (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than