IBM ISRAEL LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(2)(1) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

IIFL SAMASTA FINANCE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 37 of the Act was considered under reported is in consequence of misreporting of income under section 270A(2) rws 270(9) of the Act. 5.2 For the purpose of evaluating the correctness of rival submissions addressed we deem it apposite to extract section 270A & 270AA of the Act herein below: 270A. Penalty for under-reporting and misreporting

IBM UNITED KINGDOM LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 18 270A 543/Bang/2024 Not filed In ROI filed u/s 148 Category F: 270A case where original return under section

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2) , BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

IBM AUSTRALIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

COMPAGNIE IBM FRANCE,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 18 270A 543/Bang/2024 Not filed In ROI filed u/s 148 Category F: 270A case where original return under section

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

IBM JAPAN LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2) , BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

IBM ISRAEL LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

IBM AUSTRALIA LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(It)A Nos.490 & 491/Bang/2024

E: 270A case where original return under section 139(1) of the Act has not been filed and receipts were offered to tax in the return filed under section 148 of the Act IBM Canada Limited 2017- 270A 543/Bang/2024 | Not filed In ROI filed 18 u/s 148 Category F: 270A case where original return under section

MR. NATESHAN SAMPATH,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2018-19

147 r.w.s. 144B of the Act on 28.2.2023 by making disallowance of Rs.91,47,331/- claimed deduction as cost of improvement. On going through the assessment order, the AO initiated the penalty proceedings on or before the completion of assessment proceedings on the ground of under reporting of income in consequence of mis reporting. Further, on going through the show

IBM AUSTRALIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

E: 270A case where original return under section 139(1) of the Act has not\nbeen filed and receipts were offered to tax in the return filed under section 148 of the\nAct\nIBM Canada Limited\n2017-\n270A\n543/Bang/2024\nNot filed\nIn ROI filed\n18\nu/s 148\nCategory F: 270A case where original return under section

GOPAL ANIL KUMAR,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(3), BANGALORE

In the result the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2018-19

section 148 of the Act, the proceedings were reopened after obtaining prior approval of the PCIT(Central). Thereafter, the AO issued a notice u/s 148 of the Act on 28.3.2022. In response to the said notice, the assessee filed return of income on 20.4.2022. Subsequently, the AO issued notice u/s 143(2) of the Act as well as notice u/s

TAKRAR RANGANATHA RAO NAGASHRE ,BANGALORE vs. INCOME TAX OFFICER, WARD-3(2)(1), , BENGALURU

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

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2018-19 Takrar Ranganatha Rao Nagashree Ito 20, Singapore Gardens Ward-3(2)(1) Vs. Bangalore 560 062 Bangalore Pan No.Aaipn8579M Assessee Respondent Assessee By : Shri Sreehari Kutsa, A.R. Revenue By : Shri Ganesh R. Ghale, Standing Counsel For Revenue. Date Of Hearing : 14.02.2024 Date Of Pronouncement : 14.02.2024 O R D E R Per Chandra Poojari: This Appeal By Assessee Is Directed Against Order Of Nfac For The Assessment Year 2018-19 Dated 29.12.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Assessee Has Raised Following Grounds Of Appeal:

E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by assessee is directed against order of NFAC for the assessment year 2018-19 dated 29.12.2023 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”). The assessee has raised following grounds of appeal: 1. The Order of the learned Commissioner passed under section

MURALIDHAR MYSORE SUNDARESH ,BANGALORE vs. INCOME TAX OFFICE, WARD-4(3)(1), BENGALURU

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

e extent it is prejudicial to the interest of the Assessee. 3. The Learned Officer has erred in law and on facts in passing the impugned order without jurisdiction; 4. The entire reassessment proceedings have been rendered bad in law due to improper / lack of service of notice under sections 148 and 143(2) of the Act. Muralidhar Mysore Sundaresh

ASIAN EARTH MOVERS,BELLARY vs. INCOME TAX OFFICER, WARD 1 & TPS, BELLARY

In the result, the appeal is allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2018-19

147 r.w.s 144B dated, 15-03-2023 is opposed to the facts of the case, weight of evidence, law applicable and the principles of natural justice; and, therefore, liable to be vacated as void. 2. The Learned CIT(A)/NFAC fell in error in dismissing the appeal in limine on the ground that tax/advance tax payable u/s 249(4) r.w.s