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

u/s 143(3) r.w.s. 147 of the Act dated 29.1.2016. This was subject matter of appeal before this Tribunal. This Tribunal in the assessee’s own case for the assessment year 2009-10, vide order No.355/Bang/2017 dated 15.6.2018 has deleted the addition by observing as under :- “12. Having carefully examined the orders of authorities below in the light of rival

AKSHAY KUMAR RUNGTA,BANGALORE vs. INCOME TAX OFFICER, WARD 2(1), INTERNATIONAL TAXATION

In the result, appeal filed by the assessee is allowed as per above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubeyit(It)A No.66/Bang/2024 Assessment Year :2015-16

U/s 143(3) has been passed, unless there is a failure to disclose fully and truly all material facts, by the appellant, on the facts and circumstances of the case. v. The provision of sections 147, 148, 149 and 151 has been substituted by the Finance Act, 2021 and there is no saving clause envisaged under the new provision

KOGOD BASAVARAJU JAYACHANDRA ,HASSAN vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result the ITA No

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

147 that income has escaped assessment, must be determined with reference to the reasons recorded by the AO. The reasons which are recorded cannot be supplemented by affidavits. The imposition of that requirement ensures against an arbitrary exercise of powers under s. 148. 10. A Division Bench of this Court speaking through Mrs. Justice Sujata Manohar (as the learned Judge

SHRI. KEMPAREDDY GOVINDRAJ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BENGALURU

In the result the appeals of the assessee in ITA No’s 1022 to \n1024/ Bang/ 2024, for the

reassess taking into \nconsideration the other material in respect of \ncompleted/unabated assessments. Meaning thereby, in respect of \ncompleted/unabated assessments, no addition can be made by the \nAO in absence of any incriminating material found during the \nsearch under section 132 or requisition u/s 132A of the Act, 1961. \nHowever, the completed/unabated assessments can be reopened \nby the AO in exercise

SMT. REKHA GANESH,DAVANGERE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), DAVANGERE

In the result, the appeal filed by the assessee is partly allowed

u/s 69A on account of\nalleged purchase of jewellary amounting to Rs. 5.73 crores is warranted\nin the hands of the assessee in the given set of facts. Accordingly, we\nset aside the finding of the Id. CIT(A) and direct the AO to delete the\naddition made by him. Hence, grounds of appeal raised by the assessee\nis hereby

M/S. S. RAMASHANDRA SETTY & SONS,HASSAN vs. INCOME TAX OFFICER, WARD-1 , HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER W 1, HASSAN vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, VIJAYANAGAR vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER WARD-1 HASSAN, HASSAN vs. RAMACHANDRA SETTY AND SONGS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, HASSAN vs. RAMACHANDRA SETTY & SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

KOGOD BASAVARAJU JAYACHANDRA ,HASSAN vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result the ITA No

147 provides that if the AO has reason to believe that any income\nchargeable to tax has escaped assessment for any assessment year, he may\nsubject to the provisions of ss.148 to 163, assess or reassess such income\nand also any other income chargeable to tax, which has escaped assessment\nand which comes to his notice subsequently in the course

BHAWARLAL S JAIN,VIJAYAPURA vs. INCOME TAX OFFICER, WARD 1 & TPS, BIJAPUR

In the result, the appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2014-15

reassessment proceedings the assessee has consistently maintained that the cash deposits represent business receipts arising from such trading activity. 12.1 It is not in dispute that cash amounting to Rs. 6,58,27,954/ was deposited in the bank account maintained with Shri Gurubasava Urban . Page 10 of 13 Credit Souhardha Co-operative Bank. It is also evident from

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), QUEENS ROAD, BENGALURU vs. SHRI KEMPAREDDY GOVINDRAJU, DOMLUR, BENGALURU

147 of the Act to reopen the assessment for the\nA.Y. 2013-14, if he relied upon the statements obtained from the\nLokayuktha during assessment proceedings, but not found in the\nsearch u/s 132.\n(g) The assessee relies upon the binding decision of the Hon’ble\nSupreme Court in the case of PCIT vs Abhisar Buildwell (P)\nLtd

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(3), BENGLAURU vs. SHRI KEMPAREDDY GOVINDRAJU, DOMLUR, BENGALURU

In the result the appeals of the assessee in ITA No’s 1022 to 1024/ Bang/ 2024, for the Assessment Years 2014-15, 2015-16 and 2016-17 are allowed and the appeals of the Revenue in ITA Nos

Bench: Shri Laxmi Prasad Sahu & Shri Soundarajan K

147 of the Act to reopen the assessment for the A.Y. 2013-14, if he relied upon the statements obtained from the Lokayuktha during assessment proceedings, but not found in the search u/s 132. (g) The assessee relies upon the binding decision of the Hon’ble Supreme Court in the case of PCIT vs Abhisar Buildwell (P) Ltd 149 taxmann.com

SHRI. KEMPAREDDY GOVINDRAJ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3) , BENGALURU

In the result the appeals of the assessee in ITA No’s 1022 to\n1024/ Bang/ 2024, for the

reassess taking into\nconsideration the other material in respect of\ncompleted/unabated assessments. Meaning thereby, in respect of\ncompleted/unabated assessments, no addition can be made by the\nAO in absence of any incriminating material found during the\nsearch under section 132 or requisition u/s 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be reopened\nby the AO in exercise

NEETA BHAMBHANI,BENGALURU vs. DCIT, (IT), CIRCLE-1(1), BENGALURU

In the result, I pass the following:-

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

147 R.W.S 144C(13) of the Act (in short “the Act”) for the AY 2017-18. 2. The Assessee has raised the following grounds of appeal:- 1. The order of the learned authorities below in so far as it is against the appellant is opposed to law, equity, facts, weight of evidence, probabilities and circumstances of the case

MAHESH LINGAPPA ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(3)(1), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2017-18

u/s. 69A of the Act. As against the said order, the assessee filed an appeal before the Ld.CIT(A) and contended that the assessee is in the business of liquor and filed their return of income based on the sales made by him and also explained that the source for such cash deposits are from the liquor business. The Ld.CIT

SHRI. KEMPAREDDY GOVINDRAJ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3), BENGALURU

147 of the Act to reopen the assessment for the \nA.Y. 2013-14, if he relied upon the statements obtained from the \nLokayuktha during assessment proceedings, but not found in the \nsearch u/s 132.\n\n(g) The assessee relies upon the binding decision of the Hon’ble \nSupreme Court in the case of PCIT vs Abhisar Buildwell