MOHAMMED MUJEEB SIKANDER,MANGALORE vs. DCIT, CENTRAL CIRCLE (1), MANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned belongs or belong to a person other than the person referred to in section 153A, then the books of account or documents or assets

GOPAL S. PANDITH vs. DCIT,

In the result, all the appeals of the assessee are partly allowed

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

147, 148, 149, 151 and 153 shall have no over-riding effect on this provision. When the new provisions for assessment or reassessment in case of search under Section 132 of the Act section. Even otherwise we find that the notice under Section 153A(1)(a) was issued on 24.9.2009 wherein the Assessing Officer has given time period for furnishing

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

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, 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 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, 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

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

section 153A & 153C of the Act with the material used for reopening assessment u/s 147 r.w.s.148 of the Act found during the course of search action u/s 132 of the Act in the case of M.N. Rajendra Kumar & Others on 1.2.2017 and also on merit of various addition made by A.O and sustained by CIT(A) in these assessment years

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

section 153A & 153C of the Act with the material used for reopening assessment u/s 147 r.w.s.148 of the Act found during the course of search action u/s 132 of the Act in the case of M.N. Rajendra Kumar & Others on 1.2.2017 and also on merit of various addition made by A.O and sustained by CIT(A) in these assessment years

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED ,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

section 153A & 153C of the Act with the material used for reopening assessment u/s 147 r.w.s.148 of the Act found during the course of search action u/s 132 of the Act in the case of M.N. Rajendra Kumar & Others on 1.2.2017 and also on merit of various addition made by A.O and sustained by CIT(A) in these assessment years

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

section 153A & 153C of the Act with the material used for reopening assessment u/s 147 r.w.s.148 of the Act found during the course of search action u/s 132 of the Act in the case of M.N. Rajendra Kumar & Others on 1.2.2017 and also on merit of various addition made by A.O and sustained by CIT(A) in these assessment years

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED ,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

section 153A & 153C of the Act with the material used for reopening assessment u/s 147 r.w.s.148 of the Act found during the course of search action u/s 132 of the Act in the case of M.N. Rajendra Kumar & Others on 1.2.2017 and also on merit of various addition made by A.O and sustained by CIT(A) in these assessment years

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

reassessment under Section 153C follows lines pari materia with Section 153A. D. The First Proviso to Section 153C introduces a legal fiction on the basis of which the commencement date for computation of the six year or the ten year block is deemed to be the date of receipt of books of accounts by the jurisdictional AO. The identification

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

reassessment under Section 153C follows lines pari materia with Section 153A. D. The First Proviso to Section 153C introduces a legal fiction on the basis of which the commencement date for computation of the six year or the ten year block is deemed to be the date of receipt of books of accounts by the jurisdictional AO. The identification

MOHAMMED IBRABIM MOHIDEEN ,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

reassessment under Section 153C follows lines pari materia with Section 153A. D. The First Proviso to Section 153C introduces a legal fiction on the basis of which the commencement date for computation of the six year or the ten year block is deemed to be the date of receipt of books of accounts by the jurisdictional AO. The identification

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

reassessment under Section 153C follows lines pari materia with Section 153A. D. The First Proviso to Section 153C introduces a legal fiction on the basis of which the commencement date for computation of the six year or the ten year block is deemed to be the date of receipt of books of accounts by the jurisdictional AO. The identification

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE

Bench: Shri Chandra Poojari & Shri Keshav Dubey

69B of the Act at Rs.84 lakhs, there should be corroborative and conclusive evidence to support this addition. The first addition of Rs.80 lakhs (Total Rs.95 lakhs in cash (-) Cheque payment of Rs.15 lakhs = Rs.80 lakhs) which is based on the rough notings at back side of the sale agreement, which is a loose slip and cannot be speak itself

SRI. M. NAGARAJA,MYSORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2(1), MYSORE

In the result, appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 1999-2000

69B or fair market value of any property referred to in Sub-Section (2) of section 56 is required to be made, the Assessing Officer may require the Valuation Officer to make an estimate of such value and report the same to him. Page 10 of 23 Shri M. Nagaraja, Mysore (2) The Valuation Officer to whom a reference

SRI. G.A. RAMASWAMY REDDY,BANGALORE vs. ITO, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raoshri G.A.Ramaswamy Reddy, No.173, Gunjur Village, Varthur Hobli, Bangalore. … Appellant Pan:Aanhr 4650 L Vs. Income-Tax Officer, Ward 7(3), Bangalore. … Respondent

u/s 147 of the Act have not been complied with and consequently, the order of re-assessment passed by the learned A.O. requires to be cancelled. 2[c]. The reassessment u/s.147 of the Act is patently illegal as the A.O. assumed jurisdiction u/s.147 of the Act only to verify the correctness of the claims made by the appellant and there