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

5. The Commissioner of Income-tax (Appeals) failed to appreciate that the order of assessment is bad in law as the mandatory conditions necessary to invoke the provision of section 147 are did not exist and therefore issue of notice u/s 148 was unjustified on the facts and circumstances of the case. 6. The Commissioner of Income-tax (Appeals) failed

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

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis of seized documents

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

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 of the Act for the initiation of reassessment proceedings is barred by limitation. The impugned assessment year is 2002-03. Notice u/s. 148 of the Act had ITA Nos. 46 & 47/Bang/2021 Page 5 of 40 been issued on 24.03.2014. Section

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

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 of the Act for the initiation of reassessment proceedings is barred by limitation. The impugned assessment year is 2002-03. Notice u/s. 148 of the Act had ITA Nos. 46 & 47/Bang/2021 Page 5 of 40 been issued on 24.03.2014. Section

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

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis

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

section 147 would be attracted in the appellant’s case and that due to the same, the initial proceedings are no longer valid and hence bad in law. Hence, issuing notices u/s 250 under the erstwhile re-assessment proceedings do not have any legal weight and backing and are not binding. c. Moreover, the Ld. CIT(A) did not even

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

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis of seized documents

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

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis of seized documents

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

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis of seized documents

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

Section 69 of I.T. Act, 1961 and adding it to the total income of the assessee". 5. It can be seen that identical amount in dollar is considered as unexplained investment for all the years and for all the year identical ITA Nos.554 & 555/Bang/2018 Page 5 of 64 conversion rate of Rs. 40.26 is adopted. the conversion rate of dollar

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

Section 69 of I.T. Act, 1961 and adding it to the total income of the assessee". 5. It can be seen that identical amount in dollar is considered as unexplained investment for all the years and for all the year identical ITA Nos.554 & 555/Bang/2018 Page 5 of 64 conversion rate of Rs. 40.26 is adopted. the conversion rate of dollar

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

u/s. 147 depends upon the issuance of a valid notice. If the notice issued by him is invalid for any reason the entire proceedings taken by him would become void for want of jurisdiction.” & CO No.51/Bang/2019 Page 26 of 38 42. The Tribunal in Assistant Commissioner of Income-tax v. Radheshyam Mohanlal Maheshwari [2011] 12 ITR(TRIB.) 429 (AHD.) held

DCIT, BANGALORE vs. SHRI. JAGADISH N HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

reassessed. To Confer jurisdictionunder section 147(a) two conditions were required to ITA Nos.1373 & 1374/Bang/2012 & CO. Nos.48 & 49/Bang/2013 Shri Jagadish N. Hinduja, Bangalore Page 21 of 78 be satisfied firstly the Assessing Officer must have reason to believe that income profits or gains chargeable to income tax have escaped assessment, and secondly he must also have reason to believe that

DCIT, BANGALORE vs. SHRI. SUMIR J HINDUJA, BANGALORE

In the result, appeals filed by the revenue and COs filed by the assessee are dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2006-07 Shri Jagadish N. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aacph7291Q Appellant Respondent Assessment Year: 2006-07 Shri Sumir J. Hinduja Deputy Commissioner Of Income- No.7 & 12, Industrial Suburb Tax Tumkur Road Vs. Circle 11(3) Yeshwanthpur Bangalore Bangalore 560 022 Pan No.Aaeph5197H Appellant Respondent C.O. No.48/Bang/2013 (Arising Out Of Ita No.1373/Bang/2012) Assessment Year: 2006-07 Shri Jagadish N. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent C.O. No.49/Bang/2013 (Arising Out Of Ita No.1374/Bang/2012) Assessment Year: 2006-07 Shri Sumir J. Hinduja Vs. Dcit, Circl-11(3),Bangalore Appellant Respondent Appellant By : Shri Susan Dolores George, D.R. Respondent By : Shri Ashok A Kulkarni, A.R.

reassessed. To Confer jurisdictionunder section 147(a) two conditions were required to ITA Nos.1373 & 1374/Bang/2012 & CO. Nos.48 & 49/Bang/2013 Shri Jagadish N. Hinduja, Bangalore Page 21 of 78 be satisfied firstly the Assessing Officer must have reason to believe that income profits or gains chargeable to income tax have escaped assessment, and secondly he must also have reason to believe that

THAYAPPA BALAKRISHNA,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU-1, BENGALURU

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2014-15 Shri Thayappa Balakrishna, No. 987, 11Th Main, The Principal 1St Block, Commissioner Of 3Rd Stage, Income-Tax, Basaveshwaranagar, Bengaluru – 1. Vs. Bangalore – 560 079. Pan: Abdpb4893N Appellant Respondent : Shri Ravi Shankar .S.V, Assessee By Advocate Revenue By : Shri D.K. Mishra, Cit-Dr

section 147 of the Act, where the scope of reassessment is limited only to the reasons recorded. 4.9. The Ld.PCIT in the present facts proceeded to enquire on an issue which is not covered under the reasons recorded for reopening the assessment. We do not find any merit in the present proceedings initiated against the order u/s. 147 r.w.s

LOKESH TALANKI ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(3)(1), BANGALORE

In the result, appeals of the assessee are allowed

Bench: Shri Beena Pillai & Ms. Padmavathy Sassessment Year : 2013-14

u/s. 148 is bad in law as no new material was found to justify the reopening . The learned AR submitted that all details including the balance sheet of the assessee in which all the three immovable properties owned by the assessee are disclosed was produced before the AO at the time of regular assessment and therefore the reopening is done

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

u/s. 147 of the Act as against 153C since the Ld.AO reopened the assessment based on materials seized during a search. Before we proceed with the analysing applicability of section 148 vis-à-vis 153C it is necessary to extract the relevant context. "Assessment of income of any other person. - 153C. [(1) Notwithstanding anything contained in section 139, section 147

ASST.C.I.T., BANGALORE vs. SRI. SRINIVAS RAO HOSKOTE, BANGALORE

In the result, appeals of the Revenue are dismissed

Bench: Shri. Jason P. Boaz & Shri. Laliet Kumari.T.A Nos.1154 & 1155/Bang/2015 (Assessment Years : 2010-11 & 2011-12) Asst. Commissioner Of Income-Tax, Circle -2(3)(1), Bengaluru .. Appellant V. Shri. Srinivas Rao Hoskote, No.4/7, 3Rd Floor, Sidda Enclave Nehrunagar, 1St Main Road, Seshadripuram Bengaluru 560 020 .. Respondent Pan : Aaeph8477J Assessee By : Shri. V. Chandrashekar, Advocate Revenue By : Smt. Padmameenakshi, Jcit Heard On : 31.01.2018 Pronounced On : 21.02.2018 O R D E R Per Laliet Kumar:

section 153A". 3.9 In the present. Case, the assessment proceedings have been commenced and completed u/s 147, which is patently erroneous, and renders the entire assessment proceedings void abinitio as urged by the appellant. ITA.1154 & 1155/Bang/2015 Page - 4 3.10 In this background I hold that the reassessment proceedings u/s 147 resorted

IBM INDIA PRIVATE LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), BENGALURU

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

u/s. 148 of the Act reopened the assessment. The Ld.AO issued a notice dated 01/03/2011 under section 148 of the Act and reopened the assessment proceedings under section 147 of the Act. The stated reason for reopening the assessment was that an amount of INR 1,40,21,000 incurred as sales tax paid on account of divesture