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

reassess such income….” , Hence the basic requirement for initiating proceedings u/s. 147 is that the AO should have “reason to believe that any income chargeable to tax has escaped assessment”. 44. We have gone through the reasons recorded for these two assessment years which are as follows:- “Assessment Year 2006-2007: "Based on the information received under the DTAA from

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

reassess such income….” , Hence the basic requirement for initiating proceedings u/s. 147 is that the AO should have “reason to believe that any income chargeable to tax has escaped assessment”. 44. We have gone through the reasons recorded for these two assessment years which are as follows:- “Assessment Year 2006-2007: "Based on the information received under the DTAA from

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

INTACT DEVELOPERS PRIVATE LIMITED ,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

56,549/- 2017-18 24.09.2019 Rs.23,01,559/- Rs.19,33,025/- Rs.42,34,584/- 6. Aggrieved by the assessment completed u/s.144 r.w.s 147 of the Act dated 24/09/2019, the assessee preferred an appeal before the CIT(A)-11, Bengaluru. ITA Nos.823 to 824/Bang/2025 Intact Developers Pvt. Ltd., Bangalore Page 8 of 23 7. The ld.CIT(A)-11, Bengaluru, dismissed

INTACT DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

56,549/- 2017-18 24.09.2019 Rs.23,01,559/- Rs.19,33,025/- Rs.42,34,584/- 6. Aggrieved by the assessment completed u/s.144 r.w.s 147 of the Act dated 24/09/2019, the assessee preferred an appeal before the CIT(A)-11, Bengaluru. ITA Nos.823 to 824/Bang/2025 Intact Developers Pvt. Ltd., Bangalore Page 8 of 23 7. The ld.CIT(A)-11, Bengaluru, dismissed

INTACT DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(2), BANGALORE

Accordingly, the appeals of the assessee for the AY 2015-16\nto AY 2017-18 are allowed

56,549/-\n2017-18\n24.09.2019\nRs.23,01,559/-\nRs.19,33,025/-\nRs.42,34,584/-\n6.\nAggrieved by the assessment completed u/s.144 r.w.s 147 of\nthe Act dated 24/09/2019, the assessee preferred an appeal before\nthe CIT(A)-11, Bengaluru.\n7.\nThe ld.CIT(A)-11, Bengaluru, dismissed all the appeals of the\nassessee on the ground that the assessee had only

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

2) for reopening the earlier assessment made under section 143(1). All that has been excluded is that the assessee, in whose case the return was first processed under section 143(1), cannot challenge the notice of reopening on the ground that it is prompted by a mere change of opinion. Only to this limited extent there is a disability

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

2) for reopening the earlier assessment made under section 143(1). All that has been excluded is that the assessee, in whose case the return was first processed under section 143(1), cannot challenge the notice of reopening on the ground that it is prompted by a mere change of opinion. Only to this limited extent there is a disability

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

56. The ld. DR submitted that as per the available assessment records, no such notice dated 21.11.2016 was issued to asse, but notice u/s. 148 dated 27.3.2017 was issued to assessee and furnished a copy of the same. According to the ld. DR, as per the copy of proposal it could be seen that proposal was made under section 147

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

56. The ld. DR submitted that as per the available assessment records, no such notice dated 21.11.2016 was issued to asse, but notice u/s. 148 dated 27.3.2017 was issued to assessee and furnished a copy of the same. According to the ld. DR, as per the copy of proposal it could be seen that proposal was made under section 147

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

56. The ld. DR submitted that as per the available assessment records, no such notice dated 21.11.2016 was issued to asse, but notice u/s. 148 dated 27.3.2017 was issued to assessee and furnished a copy of the same. According to the ld. DR, as per the copy of proposal it could be seen that proposal was made under section 147

M/S VVD CONSTRUCTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

56. The ld. DR submitted that as per the available assessment records, no such notice dated 21.11.2016 was issued to asse, but notice u/s. 148 dated 27.3.2017 was issued to assessee and furnished a copy of the same. According to the ld. DR, as per the copy of proposal it could be seen that proposal was made under section 147

M/S VVD CONSTRUCTIONS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, ITA No.3384/Bang/2018 is allowed, while ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

56. The ld. DR submitted that as per the available assessment records, no such notice dated 21.11.2016 was issued to asse, but notice u/s. 148 dated 27.3.2017 was issued to assessee and furnished a copy of the same. According to the ld. DR, as per the copy of proposal it could be seen that proposal was made under section 147

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) In a case other than a case falling under sub-section (1), no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of [Joint] Commissioner, after the expiry of four years from the end of the relevant assessment year, unless Shri J.M. Vrushabendraiah, Hospete Page 38 of 58 the [Joint] Commissioner

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

2) was issued on 10.3.2014, served\non 13.3.14 posting the case for hearing on 14.3.2014. Further\nnotice u/s 142(1) was also issued from time to time calling for the\ndetails.\n5. In response to the statutory notices, the Authorized\nRepresentative of the assessee appeared time to time with supporting\nmaterial for verification. After examining, the AO noted as\nunder

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

2) for reopening the earlier assessment made under section 143(1). All that has been excluded is that the assessee, in whose case the return was first processed under section 143(1), cannot challenge the notice of reopening on the ground that it is prompted by a mere change of opinion. Only to this limited extent there is a disability

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

2) was issued on 10.3.2014, served\non 13.3.14 posting the case for hearing on 14.3.2014. Further\nnotice u/s 142(1) was also issued from time to time calling for the\ndetails.\n\n5. In response to the statutory notices, the Authorized\nRepresentative of the assessee appeared time to time with supporting\nmaterial for verification. After examining, the AO noted

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

2 | 19 | 190.78 | M.Narasimha Setty |\n| 3 | 63 | 253.5 | Aswath Kumar |\n\n| 2nd Party Name |\n|---|---|\n| |\n| |\n| |\n\n| Agreement date |\n|---|---|\n| 19/1/2007 |\n| 12/1/2007 |\n| 10/2/2007 |\n\n| Sale Price |\n| 3408995 |\n| 2314785 |\n| 4200000 |\n\n| 80%\npayment\n& date |\n| 2727196 |\n| 1851828 |\n| 3360000 |\n\n| P.O.amount