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

147 for the Assessment Year 2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1 54 on 29.07.2021, for the same AY, enhancing interest u./s 234B by Rs.1,68,14,539/and charged interest u/s 234D of Rs. 87,89,415/- since the interest initially undercharged under Section 234B(3). The appellant challenged this rectification order

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

147 for the Assessment Year 2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1 54 on 29.07.2021, for the same AY, enhancing interest u./s 234B by Rs.1,68,14,539/and charged interest u/s 234D of Rs. 87,89,415/- since the interest initially undercharged under Section 234B(3). The appellant challenged this rectification order

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

147 for the Assessment Year 2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1 54 on 29.07.2021, for the same AY, enhancing interest u./s 234B by Rs.1,68,14,539/and charged interest u/s 234D of Rs. 87,89,415/- since the interest initially undercharged under Section 234B(3). The appellant challenged this rectification order

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/ and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/- and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/ and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section\n234B(3). The appellant challenged this rectification order

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

In the result, both the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 and 148, have been removed by the non obstante clause with which sub-section (1) of section 153A opens. The time-limit within which the notice under section 148 can be issued, as provided in section 149 has also been made inapplicable by the non obstante clause. Section 151 which requires sanction to be obtained by the Assessing Officer

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

In the result, both the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 and 148, have been removed by the non obstante clause with which sub-section (1) of section 153A opens. The time-limit within which the notice under section 148 can be issued, as provided in section 149 has also been made inapplicable by the non obstante clause. Section 151 which requires sanction to be obtained by the Assessing Officer

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

u/s 148 for several years to the assessee cannot be equated with recording of combined reasons 148 for several years because, in reply to notice u/s 148, the assessee is required to make compliance within a prescribed time by filing return of income but by recording of reasons for reassessment, the action is to be taken by the AO only

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

u/s 148 for several years to the assessee cannot be equated with recording of combined reasons 148 for several years because, in reply to notice u/s 148, the assessee is required to make compliance within a prescribed time by filing return of income but by recording of reasons for reassessment, the action is to be taken by the AO only

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

u/s 148 for several years to the assessee cannot be equated with recording of combined reasons 148 for several years because, in reply to notice u/s 148, the assessee is required to make compliance within a prescribed time by filing return of income but by recording of reasons for reassessment, the action is to be taken by the AO only

LAXMIPAT DUDHERIA,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

u/s 148 for several years to the assessee cannot be equated with recording of combined reasons 148 for several years because, in reply to notice u/s 148, the assessee is required to make compliance within a prescribed time by filing return of income but by recording of reasons for reassessment, the action is to be taken by the AO only

M/S RAJESH EXPORTS LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2), BANGALORE , BANGALORE

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

147 and 148, have been removed by the non obstante clause with which sub section (1) of Section 153A opens. The time-limit within which the notice under Section 148 can be issued, as provided in Section 149 has also been made inapplicable by the non obstante clause. Section 151 which requires sanction to be obtained by the Assessing Officer

M/S RAJESH EXPORTS LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(2), BANGALORE

In the result, all these seven appeals are partly allowed in the terms indicated above

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

147 and 148, have been removed by the non obstante clause with which sub section (1) of Section 153A opens. The time-limit within which the notice under Section 148 can be issued, as provided in Section 149 has also been made inapplicable by the non obstante clause. Section 151 which requires sanction to be obtained by the Assessing Officer