T.G. RANGANATH,BANGALORE vs. DCIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

section 68 of the Act, only the credit emerged in assessment year under consideration could be questioned u/s 68 of the Act and not the opening balance. Being so, the ld. A.O has to verify this transaction as to which assessment year it relates and decide accordingly. This ground of appeal is partly allowed for statistical purposes. 30. Next

VEERENDRA KUMAR PATIL,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

68. Cash credits.\nWhere any sum is found credited in the books of an assessee maintained\nfor any previous year, and the assessee offers no explanation about the\nnature and source thereof or the explanation offered by him is not, in the\nopinion of the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2,\nfor income-tax Officer

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

68. The Tribunal in Assistant Commissioner of Income-tax v. Radheshyam Mohanlal Maheshwari [2011] 12 ITR(TRIB.) 429 (AHD.) held as under:- ITA Nos.554 & 555/Bang/2018 Page 48 of 64 “reopening of the assessment under section 147 of the Income-tax Act as per its plain language provided in the Act provides prerogative to the Assessing Officer to reopen

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

68. The Tribunal in Assistant Commissioner of Income-tax v. Radheshyam Mohanlal Maheshwari [2011] 12 ITR(TRIB.) 429 (AHD.) held as under:- ITA Nos.554 & 555/Bang/2018 Page 48 of 64 “reopening of the assessment under section 147 of the Income-tax Act as per its plain language provided in the Act provides prerogative to the Assessing Officer to reopen

VEERENDRA KUMAR PATIL,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

5. Aggrieved from the above Order, assessee filed appeal before the CIT(A). The legal grounds challenging the notice issued under section 148 of the Act, approval under section 151 of the Act and date of issue of notice, etc., assessee furnished return submissions. The learned CIT(A) called for remand report from the AO. The learned

TABESCO HINDUSTAN INFRA DEVELOPERS PVT LTD., ,KERALA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeals of the assessee in ITA Nos

5 out of 7\npartners who had contributed the cash had confirmed and owned\ntheir respective contributions and their confirmation statements\nwere duly submitted during the assessment proceedings.\n6.2 She submitted that the 1d. AO has failed to appreciate that\nthe facts of this case are squarely covered by the judgement\nof the Supreme Court in CIT vs. Lovely Exports

VEERENDRA KUMAR PATIL,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, appeals filed by the assessee are partly allowed in above\nterms

68. Cash credits.\nWhere any sum is found credited in the books of an assessee maintained\nfor any previous year, and the assessee offers no explanation about the\nnature and source thereof or the explanation offered by him is not, in the\nopinion of the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2,\nfor \" Income-tax Officer

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

68. Cash credits. - Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer

N 9 SPORTS & LEISURE HOLDINGS PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly\nallowed

5 & 6.\nIt is pertinent to mention here that in this case the assessee\nhas filed return of income for the year under consideration but no\nassessment as stipulated under section 2(40) of the Act was made\nand the return of income was only processed u/s 143(1) of the I T\nAct. In view of the above

SMT. NISHITA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

68. Cash credits. - Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer

SMT. NISHITA NANDISH ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

68. Cash credits. - Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer

SMT. NISHITA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

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

68. Cash credits. - Where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer

HUNGRY AND FOOLISH INTELLECTUAL PROPERTIES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee for AY 2013-14 is partly\nallowed

5 & 6.\nIt is pertinent to mention here that in this case the assessee\nhas filed return of income for the year under consideration but no\nassessment as stipulated under section 2(40) of the Act was made\nand the return of income was only processed u/s 143(1) of the I T\nAct. In view of the above

NARAYANA RAO HEBRI,SAGAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, SHIVAMOGGA

In the result, the appeal of assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year : 2017-18

5. As regards addition of Rs. 24,00,000/-: 5.1. The Learned Commissioner (Appeals) is not justified in upholding the action of the Assessing Officer in making addition of Rs.24,00,000/- representing cash deposit as unexplained cash credit under section 68, when the conditions of the said section are not satisfied. 5.2. The Learned Commissioner (Appeals

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

In the result the ITA No

133A of the Act and searchstatements\nunder section 132(4) of the Actthe name and quantum is appearing in the list.\nTherefore, it is clear that the very basis for reopening and completing assessment\nis on the basis of section 132(4) of the Act. Therefore, the assessement should\nhave been completed under section 153C

M/S. H & F GAMES PVT. LTD.,BELLANDUR vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE - 1(2), BENGALURU, BENGALURU

In the result, the appeal of the assessee for AY 2013-14 & AY 2014-15

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 68 of the Act. He further submitted that in the case of interest payment, the Page 7 of 11 assessee has not deducted TDS and genuineness of the payment is also doubted. Therefore, the AO has also doubted the genuineness of expenditure incurred by the assessee for want of proper evidence. Therefore the AO has correctly disallowed interest

M/S. H & F GAMES PVT. LTD.,BELLANDUR, MARATHAHALLI, BENGALURU. vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE - 1(2), BENGALURU, BENGALURU

In the result, the appeal of the assessee for AY 2013-14 & AY 2014-15

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

section 68 of the Act. He further submitted that in the case of interest payment, the Page 7 of 11 assessee has not deducted TDS and genuineness of the payment is also doubted. Therefore, the AO has also doubted the genuineness of expenditure incurred by the assessee for want of proper evidence. Therefore the AO has correctly disallowed interest

HUNGRY AND FOOLISH INTELLECTUAL PROPERTIES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), BENGALURU

In the result, the appeal of the assessee for AY 2013-14 is partly allowed

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.

5 of 16 further submitted that during the course of assessment proceedings, the assessee was unable to provide the details of cash deposits in terms of section 68 of the Act. She further submitted that in the case of interest payment, the assessee has not deducted TDS and genuineness of the payment is also doubted. Therefore