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

260 ITR 80. 4.1 The Ld. A.R. submitted that the notice issued by the Assessing officer under section 153 A of the Act is not valid in law and without assumption of proper and valid jurisdiction. The said notice was issued pursuant to search action conducted which is ultra vires the provisions of section

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

260 ITR 80. 4.1 The Ld. A.R. submitted that the notice issued by the Assessing officer under section 153 A of the Act is not valid in law and without assumption of proper and valid jurisdiction. The said notice was issued pursuant to search action conducted which is ultra vires the provisions of section

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

260 ITR 80. 4.1 The Ld. A.R. submitted that the notice issued by the Assessing officer under section 153 A of the Act is not valid in law and without assumption of proper and valid jurisdiction. The said notice was issued pursuant to search action conducted which is ultra vires the provisions of section

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

260 ITR 80. 4.1 The Ld. A.R. submitted that the notice issued by the Assessing officer under section 153 A of the Act is not valid in law and without assumption of proper and valid jurisdiction. The said notice was issued pursuant to search action conducted which is ultra vires the provisions of section

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

260 ITR 80. 4.1 The Ld. A.R. submitted that the notice issued by the Assessing officer under section 153 A of the Act is not valid in law and without assumption of proper and valid jurisdiction. The said notice was issued pursuant to search action conducted which is ultra vires the provisions of section

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.

260 ITR [ST] 14 at page 219] that it is to overcome the difficulty leading to prolonged litigation inasmuch as “undisclosed income”, the legislature by Finance Act, 2003, decided to discard Chapter XIV-B provisions and introduced Sections 153A, 153B and 153C in the Act. Section 153A would contemplate that on initiation of proceedings under said Section 153A, the assessment/reassessment

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.

260 ITR [ST] 14 at page 219] that it is to overcome the difficulty leading to prolonged litigation inasmuch as “undisclosed income”, the legislature by Finance Act, 2003, decided to discard Chapter XIV-B provisions and introduced Sections 153A, 153B and 153C in the Act. Section 153A would contemplate that on initiation of proceedings under said Section 153A, the assessment/reassessment

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.

260 ITR [ST] 14 at page 219] that it is to overcome the difficulty leading to prolonged litigation inasmuch as “undisclosed income”, the legislature by Finance Act, 2003, decided to discard Chapter XIV-B provisions and introduced Sections 153A, 153B and 153C in the Act. Section 153A would contemplate that on initiation of proceedings under said Section 153A, the assessment/reassessment

SRI RATHAN BABULAL LATH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2009-10

260 ITR 80 and the Hon'ble Karnataka High Court in the case of C. RAMAIAH REDDY reported in 339 ITR 210, the order passed is patently illegal and requires to be cancelled as void-ab-initio. 3.1 After hearing both the parties, we are of the view that in view of the retrospective insertion of Explanation (1) to Section

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

260 on 30.9.2009. According to the assessee, no notice for scrutiny assessment was received within the time permitted under proviso to section 143(2) of the Act and therefore the return filed on 30.9.2009 had attained finality on 7.1.2015. 4. There was a search conducted u/s 132 of the Act in the assessee’s Farm House at Tarunhunse Village, Jala

SHRI. JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

260 on 30.9.2009. According to the assessee, no notice for scrutiny assessment was received within the time permitted under proviso to section 143(2) of the Act and therefore the return filed on 30.9.2009 had attained finality on 7.1.2015. 4. There was a search conducted u/s 132 of the Act in the assessee’s Farm House at Tarunhunse Village, Jala

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

260 on 30.9.2009. According to the assessee, no notice for scrutiny assessment was received within the time permitted under proviso to section 143(2) of the Act and therefore the return filed on 30.9.2009 had attained finality on 7.1.2015. 4. There was a search conducted u/s 132 of the Act in the assessee’s Farm House at Tarunhunse Village, Jala

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

260 on 30.9.2009. According to the assessee, no notice for scrutiny assessment was received within the time permitted under proviso to section 143(2) of the Act and therefore the return filed on 30.9.2009 had attained finality on 7.1.2015. 4. There was a search conducted u/s 132 of the Act in the assessee’s Farm House at Tarunhunse Village, Jala

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

260 on 30.9.2009. According to the assessee, no notice for scrutiny assessment was received within the time permitted under proviso to section 143(2) of the Act and therefore the return filed on 30.9.2009 had attained finality on 7.1.2015. 4. There was a search conducted u/s 132 of the Act in the assessee’s Farm House at Tarunhunse Village, Jala

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

260 on 30.9.2009. According to the assessee, no notice for scrutiny assessment was received within the time permitted under proviso to section 143(2) of the Act and therefore the return filed on 30.9.2009 had attained finality on 7.1.2015. 4. There was a search conducted u/s 132 of the Act in the assessee’s Farm House at Tarunhunse Village, Jala

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

260 on 30.9.2009. According to the assessee, no notice for scrutiny assessment was received within the time permitted under proviso to section 143(2) of the Act and therefore the return filed on 30.9.2009 had attained finality on 7.1.2015. 4. There was a search conducted u/s 132 of the Act in the assessee’s Farm House at Tarunhunse Village, Jala

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

260 which included salary income of Rs.1,26,000 and interest on savings bank of Rs.1,42,264. The AO completed assessment u/s. 153C r.w.s. 143(3) of the Act on 22.3.2013 by determining total income at Rs.1,82,63,699 inter alia making the following additions:- Unexplained expenditure in marriage - Rs.53,34,268 Cash credits - Rs.40,00,000 Unexplained

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

reassessment, as the case may be. The 3 types of income are: 1) Income disclosed in the return of income 2) Undisclosed income during the search 3) Any other income which is not disclosed in the earlier return and not unearthed during the search. 6.4 According to the Ld. D.R., there is an incriminating material found during the search u/s