DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1), BANGALORE vs. AURA JEWELS, BANGALORE

In the result, the cross objection filed by the assessee is dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Years : 2017-18

section 68 are not applicable on the transaction which are already credited in the P&L and the same can only made applicable on the cash credit; such as loans, share application etc. It is an admitted fact that in the case of transactions o sales/purchases of goods/investments/assets, the creditworthiness of the payer is no relevant for the receiver

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

124 has a relation to the Assessing Officer's territorial\njurisdiction. The time limit prescribed would not apply to a case where the assessee\ncontends that the action of the Assessing Officer is without authority of law and\ntherefore, wholly without jurisdiction.”\nHence, the assessee cannot objection to the jurisdiction assumed by the assessing officer under\nprovisions of section

BHARATH HI-TECH BUILDERS PVT. LTD.,BANGALORE vs. ACIT, CIRCLE-1(1)(2), BANGALORE, BANGALORE

In the result, appeal of the assessee is allowed

section 68 of the Act\nwhich is only applicable in respect of share application money,\nshare capital, share premium or any such amount by\nwhatever name called and is not applicable to ordinary loans\nand in reproduction of the proviso in para 4.4, Ld. AO has\nconveniently and intendedly ignored the phrase \"share\n\nPage 6 of 29\nITA

TOTGARS CO-OPERATIVE SALE SOCIETY LTD ,SIRSI vs. PR. COMMISSIONER OF INCOME TAX , HUBBALLI

In the result, the appeal by the assessee is allowed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2017-18

section 68 would not attract to the cash deposited during the demonetisation period which is at page 187-198 of the paper book. 12. The ld. AR further submitted that the cash deposits in SBNs were made by the trade debtors in the bank accounts of the assessee. It was not accepted by the assessee directly. As per Notification

SHRI. SUNIL KUMAR JALAN,BANGALORE vs. INCOME TAX OFFICER, WARD- 6(3)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.Shri Sunil Kumar Jalan Vs The Income Tax Officer - 6(3)(1) No.703, 7Th Floor, Ebony Bmtc Building, 80Ft Road A Wing, Godrej Woods Apts 6Th Block, Koramangla Near Hebbal Flyover Bengaluru 560095 Bangalore 560024 Pan – Acdpj0966D (Appellant) (Respondent) Assessee By: Shri P.K. Prasad, Advocate Revenue By: Dr. Sankar Ganesh K., Addl. Cit-Dr Date Of Hearing: 23.02.2023 Date Of Pronouncement: 28.02.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Cit(A)’S Order Dated 25.11.2019. The Relevant Assessment Year Is 2014-15. 2. The Brief Facts Of The Case Are As Follows: - The Assessee Is An Individual Engaged In Granite Business. For The Assessment Year (Ay) 2014-15 Return Of Income Was Filed On 28.11.2014 Declaring Total Income Of Rs.13,52,370/- Consisting Of Income From House Property, Capital Gains & Business Income. The Assessment Was Selected For Scrutiny & Notice Under Section 143(2) Of The Income Tax Act, 1961 (The Act) Was Issued On 18.09.2015. The Assessee’S Ar Attended Hearing On 30.12.2016 & 2 Shri Sunil Kumar Jalan Produced The Books Of Accounts & Other Details. The Assessing Officer (Ao) Concluded The Assessment Under Section 143(3) Of The Act Vide Order Dated 30.12.2016 Making The Following Addition: -

124(3) of the Income - Tax Act, and therefore, mere attendance under pressure before the Assessing Officer at Madurai was neither a concurrence nor any "Concurrence cannot Confer Jurisdiction'. Ground of Appeal No.- 6 : The Learned Commissioner of Income - Tax (Appeals) erred in confirming the position taken by the Assessing Officer that the Appellant was not entitled to the exemption

SRI.PANNALAL PUKRAJ ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(2)(2), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Pavan Kumar Gadaleassessment Year : 2012-13

124(3) of IT Act. Being so, in this situation provisions of section 292BB are applicable. Accordingly, we do not find any merit in the argument of ld. AR. This ground of appeal of the assessee in ground nos. 2 and 3 are rejected. 12. The next ground no. 2 is with regard to sustaining the addition

ARIF,SHIMOGA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, SHIMOGA

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

Bench: Shri Chandra Poojarishri Arif Vs Acit, Circle - 1 Nehru Nagar, Sagar I.T. Office, No.75, 100Ft Road Shimoga 577401 Gopal Gowda Extension Pan – Adapa8762G Shimoga 577201 (Appellant) (Respondent) Assessee By: Shri Nitesh Ranjan, Ca Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 16.01.2023 Date Of Pronouncement: 16.01.2023 O R D E R Per: Chandra Poojari, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Learned Cit(A),/Ncac, Delhi Dated 10.08.2022 For Ay 2017-18. 2. The Assessee Raised The Following Grounds Of Appeal: - “I The Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre("Nfac") Dated 10-Aug-2022, Passed Under Section 250 Of The Income-Tax Act, 1961 ("The Act") Insofar It Is Against The Appellant, Is Opposed To The Law, Weight Of Evidence, Facts & Circumstances Of The Appellant'S Case. Ii The Order Is Passed In Haste, Without Providing Sufficient & Reasonable Opportunity Of Being Heard. Iii The Order Is Passed Against The Principle Of Natural Justice & Thus Liable To Be Quashed. Iv The Learned Cit (Appeal) Erred By Confirming The Addition Of Rs.11,66,999/-, Even Though The Appellant Furnished Evidence In Support Of His Claim.

124 taxmann.com 123/277 Taxman 423 (Delhi) 5. The learned D.R. relied on the orders of the lower authorities. 6. I have heard the rival contentions and perused the material on record. In this case the main contention of the learned A.R. is that the Assessing Officer (AO) is precluded from making addition under Section 68

MR. ABDUL KHADER KODI,KASARGOD, KARNATAKA vs. MR. C. VINOD JAYAN, DEPUTY COMMISSIONER OF INCOME TAX, MANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.636 To 638/Bang/2023 Assessment Years: 2016-17 To 2018-19 Mr. Abdul Khader Kodi Darul Huda, Near Salafi Masjid Kunjathur Via Dcit Manjeshwar Central Circle-2 Vs. Kasargod 671 323 Mangaluru Karnataka Pan No : Alhpk5340F Appellant Respondent Appellant By : Shri Ravishankar S.V., A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: These Appeals By Assessee Are Directed By Different Orders Of Nfac For The Assessment Years 2016-17 To 2018-19 Having Common Date Dated 23.5.2022. 2. The Grounds Raised By The Assessee In All These Appeals Are Common In Nature, Except Change In Figures. We Consider Grounds In Ita No.636/Bang/2023, Which Reads As Follows: 1. The Learned Cit(A)-2, Panaji Erred In Passing The Order In The Manner He Did. 2. The Ld. Cit(A)-2, Panaji Erred In Upholding The Additions Made By The Assessing Officer Amounting To Rs.6,25,000 As Undisclosed Business Income & Rs.1,99,40,000 As Unexplained Investments Under Section 68 Of The Income Tax Act, 1961, Which Was Purely On Assumptions & Presumptions Based On The Loose Sheet Found At The Time Of Search.

section 68 of the Income Tax Act, 1961, which was purely on assumptions and presumptions based on the loose sheet found at the time of search. ITA Nos.636 to 638/Bang/2023 Mr. Abdul Khader Kodi, Kasargod Page 2 of 23 3. The learned CIT(A)-2, Panaji has ought to have appreciated the fact that, an addition cannot be made

MR. ABDUL KHADER KODI,KASARGOD, KARNATAKA vs. MR. C. VINOD JAYAN, DEPUTY COMMISSIONER OF INCOME TAX, MANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.636 To 638/Bang/2023 Assessment Years: 2016-17 To 2018-19 Mr. Abdul Khader Kodi Darul Huda, Near Salafi Masjid Kunjathur Via Dcit Manjeshwar Central Circle-2 Vs. Kasargod 671 323 Mangaluru Karnataka Pan No : Alhpk5340F Appellant Respondent Appellant By : Shri Ravishankar S.V., A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: These Appeals By Assessee Are Directed By Different Orders Of Nfac For The Assessment Years 2016-17 To 2018-19 Having Common Date Dated 23.5.2022. 2. The Grounds Raised By The Assessee In All These Appeals Are Common In Nature, Except Change In Figures. We Consider Grounds In Ita No.636/Bang/2023, Which Reads As Follows: 1. The Learned Cit(A)-2, Panaji Erred In Passing The Order In The Manner He Did. 2. The Ld. Cit(A)-2, Panaji Erred In Upholding The Additions Made By The Assessing Officer Amounting To Rs.6,25,000 As Undisclosed Business Income & Rs.1,99,40,000 As Unexplained Investments Under Section 68 Of The Income Tax Act, 1961, Which Was Purely On Assumptions & Presumptions Based On The Loose Sheet Found At The Time Of Search.

section 68 of the Income Tax Act, 1961, which was purely on assumptions and presumptions based on the loose sheet found at the time of search. ITA Nos.636 to 638/Bang/2023 Mr. Abdul Khader Kodi, Kasargod Page 2 of 23 3. The learned CIT(A)-2, Panaji has ought to have appreciated the fact that, an addition cannot be made

MR. ABDUL KHADER KODI,KASARGOD, KARNATAKA vs. MR. C. VIJAY JAYAN, DEPUTY COMMISSIONER OF INCOME TAX, MANGALURU

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.636 To 638/Bang/2023 Assessment Years: 2016-17 To 2018-19 Mr. Abdul Khader Kodi Darul Huda, Near Salafi Masjid Kunjathur Via Dcit Manjeshwar Central Circle-2 Vs. Kasargod 671 323 Mangaluru Karnataka Pan No : Alhpk5340F Appellant Respondent Appellant By : Shri Ravishankar S.V., A.R. Respondent By : Shri G. Manoj Kumar, D.R. Date Of Hearing : 01.02.2024 Date Of Pronouncement : 22.03.2024 O R D E R Per Chandra Poojari: These Appeals By Assessee Are Directed By Different Orders Of Nfac For The Assessment Years 2016-17 To 2018-19 Having Common Date Dated 23.5.2022. 2. The Grounds Raised By The Assessee In All These Appeals Are Common In Nature, Except Change In Figures. We Consider Grounds In Ita No.636/Bang/2023, Which Reads As Follows: 1. The Learned Cit(A)-2, Panaji Erred In Passing The Order In The Manner He Did. 2. The Ld. Cit(A)-2, Panaji Erred In Upholding The Additions Made By The Assessing Officer Amounting To Rs.6,25,000 As Undisclosed Business Income & Rs.1,99,40,000 As Unexplained Investments Under Section 68 Of The Income Tax Act, 1961, Which Was Purely On Assumptions & Presumptions Based On The Loose Sheet Found At The Time Of Search.

section 68 of the Income Tax Act, 1961, which was purely on assumptions and presumptions based on the loose sheet found at the time of search. ITA Nos.636 to 638/Bang/2023 Mr. Abdul Khader Kodi, Kasargod Page 2 of 23 3. The learned CIT(A)-2, Panaji has ought to have appreciated the fact that, an addition cannot be made

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. LATE SHRI V G SIDDHARTHA, REPRESENTED BY LEGAL HEIR MS. MALVIKA HEGDE, BENGALURU

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas

MR. AMARTHYA SIDDHARTHA L/R OF LATE SRI. V G . SIDDHARTHA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas

MR. AMARTHYA SIDDHARTHA L/R OF LATE SRI. V G . SIDDHARTHA ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas

MRS. MALAVIKA HEGDE L/R OF LATE SRI. V G SIDDHARTHA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas

MRS. MALAVIKA HEGDE L/R OF LATE SRI. V G SIDDHARTHA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. LATE SHRI V G SIDDHARTHA, REPRESENTED BY LEGAL HEIR MS. MALVIKA HEGDE, BENGALURU

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas

MR. ISHAAN HEGDE L/R OF LATE SRI. V G SIDDHARTHA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOMER TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas

MRS. MALAVIKA HEGDE L/R OF LATE SRI. V G SIDDHARTHA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result the appeal filed by the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

68 Lakh was received. Hence the learned CIT(A) deleted the addition to that extent and confirmed the addition for Rs. 4.59 crore. 49. Being aggrieved by the order of the learned CIT(A), both the assessee and the Revenue are in appeals before us. The assessee is appeal before us against the confirmation addition for Rs. 4.59 crore whereas