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557 results for “section 68”+ Section 139(4)clear

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Key Topics

Addition to Income78Section 153C58Section 153A46Section 13238Disallowance38Section 143(3)35Section 4035Section 10A27Section 14826Section 14A

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

ITA 656/BANG/2023[2011-12]Status: DisposedITAT Bangalore13 Sept 2024AY 2011-12

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

For Appellant: Sh. Ashok A Kulkarni, AdvocateFor Respondent: Ms. Neha Sahay, JCIT
Section 139Section 139(1)Section 139(4)Section 143(2)Section 143(3)Section 24Section 54Section 54(2)Section 54F

Section 54, which date of purchase of new asset was also a date prior to extended due date of filing of return of income u/s 139(4). The assessee claimed exemption u/s 54 on long term capital gains earned on transfer of original asset in his belated return of income filed with Revenue u/s 139(4

Showing 1–20 of 557 · Page 1 of 28

...
25
Deduction25
Natural Justice17

AJIT VASANT PAI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 741/BANG/2022[2017-18]Status: DisposedITAT Bangalore28 Oct 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2017-18

For Appellant: Shri H. Anil Kumar, CAFor Respondent: Shri K R Narayana, Addl. CIT(DR)(ITAT), Bengaluru
Section 139Section 139(1)Section 139(1)(a)Section 139(3)Section 139(5)Section 142Section 143(1)(a)Section 154

4 of 9 11. We have considered the rival submissions. Section 143(1)(a)(i) to (vi) provides for the following adjustments to be made while processing the return electronically:- “143. (1) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, such return

SRI. KALABHAIRAWESHWARA MULTI-PURPOSE CO-OP SOCIETY LTD., ,CHIKKAMAGALURU vs. INCOME TAX OFFICER, WARD-1, , CHIKKAMAGALURU

In the result, appeal filed by the assessee is dismissed

ITA 1344/BANG/2024[2018-19]Status: DisposedITAT Bangalore17 Oct 2024AY 2018-19

Bench: Shri George George K & Ms. Padmavathi. Sr Assessment Year : 2018-19 Sri Kalabhairaveshwara Multi-Purpose Co- Vs. Ito, Operative Society Ltd., Ward Officer, K. M. Road,Chikmagalur District Office Ward – 1, S. O. 577 101, Karnataka. Chikmagaluru. Pan : Aapas 3058 L Appellant Respondent Assessee By : Shri. Mahesh R. Uppin, Advocate Revenue By : Ms. Neha Sahay, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 16.10.2024 Date Of Pronouncement : 17.10.2024

For Appellant: Shri. Mahesh R. Uppin, AdvocateFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bengaluru
Section 139(1)Section 143Section 147Section 148Section 250Section 80ASection 80A(5)Section 80P

68,097/- in Chikmagalur District Page 2 of 8 Central Co-operative Bank Ltd. Therefore, notice under section 148 of the Act, was issue on 24.03.2022. In response to the notice issued under section 148 of the Act, assessee filed its return of income on 25.04.2022 declaring Nil income. Assessment was completed under section 147 r.w.s. 144B

ACIT, CIRCLE-2(2)(1), BANGALORE vs. VASTIMAL BHIM RAJ SANCHETI, BANGALORE

In the result, the appeals of the Revenue are dismissed

ITA 441/BANG/2024[2016-17]Status: DisposedITAT Bangalore04 Dec 2024AY 2016-17

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K

For Appellant: Shri. Prashanth GS, ARFor Respondent: Shri. Subramanian, JCIT(DR)(ITAT), Bengaluru
Section 68

4. Aggrieved from the above Order, the assessee filed appeal before the CIT(A). Before the CIT(A), assessee has filed documents that was filed ITA Nos.440, 441/Bang/2024 Page 8 of 22 before the AO and after considering the various case laws and submission of the assessee, the ld. CIT(A) allowed appeal of the assessee observing as under

M/S. MUKKA PROTEINS LIMITED (FORMERLY KNOW AS MUKKA SEA FOOD INDUSTRIES LTD., ),MANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, , MANGALURU

In the result, appeals of the assessee in ITA Nos

ITA 431/BANG/2024[2013-14]Status: DisposedITAT Bangalore03 Jul 2024AY 2013-14

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Sri Narendra Sharma, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 132Section 132(4)Section 153ASection 153DSection 234A

4. The ITAT by its judgment dated 16th May, 2014 relied on the self-same reasoning and dismissed the appeal of the revenue. Likewise, the High Court by the impugned judgment dated 5th July, 2017, affirmed the judgments of the CIT and ITAT as concurrent factual findings, which have not been shown to be perverse and, therefore, dismissed the appeal

BHAVASAR NAMDEV SIMPI SAMAJ SAHAKAR SANGH LTD,DANDELI vs. INCOME TAX OFFICER, HUBLI

In the result, we partly allow the appeal of the assessee

ITA 698/BANG/2024[2017-18]Status: DisposedITAT Bangalore27 May 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2017-18

For Appellant: Shri Subramanya Gaonkar, CAFor Respondent: Shri Subramanian S., Jt.CIT(DR)(ITAT), Bengaluru
Section 142(1)Section 2Section 68Section 80A(5)Section 80P(2)

68,438/- and ld. AR of the assessee submitted that the assessee was not required to file return of income because of its Page 6 of 8 income below the threshold limit of tax and assessee is eligible for deduction under section 80P(2). We reject this arguments of the ld. AR since the deduction can be claimed under

BELVE VYAVASAYA SEVA SAHAKARI SANGHA LIMITED ,UDUPI vs. INCOME TAX OFFICER, WARD-2, UDUPI

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

ITA 817/BANG/2024[2013-14]Status: DisposedITAT Bangalore02 Jun 2025AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Mahesh R Uppin, AdvocateFor Respondent: Smt. Neha Sahay, JCIT (DR)
Section 139(1)Section 142(1)Section 143(3)Section 144Section 148Section 263Section 56Section 80A(5)Section 80PSection 80P(2)(a)

4) or in the notices issued under section 142(1) and section 148, the returns were indeed non-est and could not have been acted upon by the Assessing Officer even though they were filed before the completion of the assessment. 12. There is yet another aspect of the matter. The requirement of making the claim for deduction

BELVE VYAVASAYA SEVA SAHAKARI SANGHA LIMITED,UDUPI vs. INCOME TAX OFFICER, WARD-2, UDUPI

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

ITA 818/BANG/2024[2013-14]Status: DisposedITAT Bangalore02 Jun 2025AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Mahesh R Uppin, AdvocateFor Respondent: Smt. Neha Sahay, JCIT (DR)
Section 139(1)Section 142(1)Section 143(3)Section 144Section 148Section 263Section 56Section 80A(5)Section 80PSection 80P(2)(a)

4) or in the notices issued under section 142(1) and section 148, the returns were indeed non-est and could not have been acted upon by the Assessing Officer even though they were filed before the completion of the assessment. 12. There is yet another aspect of the matter. The requirement of making the claim for deduction

M/S. SHRI MAHISHASURAMARDINI URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED,HAVERI vs. INCOME TAX OFFICER, WRD-1, HAVERI

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

ITA 566/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Aug 2022AY 2017-18

Bench: Shri Chandra Poojari

For Appellant: Sri.Vishal S Rao, CAFor Respondent: Sri.Ganesh R.Ghale, Standing Counsel
Section 234ASection 234BSection 69ASection 80P(2)(a)

139(4) or under section 142(1) or section 148 can also be accepted and acted upon provided further proceedings in relation to such assessments are pending in the statutory hierarchy of adjudication in terms of the provisions of the Income-tax Act. In all such situations, it cannot be treated that a return filed at any stage

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

ITA 1658/BANG/2024[2017-18]Status: DisposedITAT Bangalore22 May 2025AY 2017-18

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

For Appellant: Shri. Ramesh, CAFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bangalore
Section 132(4)Section 133(6)Section 133ASection 147Section 148Section 151Section 153CSection 234A

139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully and truly all material facts24 necessary for his assessment, for that assessment year: 25[Provided further that nothing contained in the first proviso shall apply in a case where any income in relation

ARATHI VINAY PATIL ,BANGALORE vs. INCOME TAX OFFICER, WARD-4(3)(4), BENGALURU

In the result, appeal of the assessee is allowed

ITA 604/BANG/2024[2019-20]Status: DisposedITAT Bangalore13 May 2024AY 2019-20

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Year: 2019-20

For Appellant: Smt. Suman Lunkar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 115JSection 139(1)Section 143(1)Section 234ASection 44ASection 80Section 801ASection 80I

68 taxmann.com 298 (Kerala), the Kerala High Court held that a return filed by assessee beyond period stipulated under section 139(1) or 139(4

SHREE JAGADGURU MOUNESHWAR PATTIN SAHAKARI SANGH NIYAMIT KERUR,BAGALKOT, KARNATAKA vs. INCOME TAX OFFICER, WARD 1, BAGALKOT

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

ITA 1119/BANG/2023[2017-18]Status: DisposedITAT Bangalore14 May 2024AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahu

For Appellant: Shri Prasanna N. Urala, AdvocateFor Respondent: Shri Ganesh R. Ghale, Standing Counsel
Section 115BSection 139(4)Section 142(1)Section 68Section 80A(5)Section 80P

139(4) or in response to notice u/s. 142(1) dated 06.02.2018. As per section 80A(5), deduction can be claimed only after filing return within specified time limit. Hence deduction u/s. 80P of Rs.28,92,878 was denied and brought to tax. 4. Regarding the cash deposits during demonetisation period, the AO further noted that

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1(4), BENGALURU vs. M/S SNOWSHINE REALTORS PVT.LTD. , BENGALURU

In the result, the revenue appeals in ITA Nos

ITA 1443/BANG/2018[2008-09]Status: DisposedITAT Bangalore28 Oct 2022AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1441 & 1442/Bang/2018 Assessment Year: 2009-10 & 2012-13 Acit Central Circle- M/S. Kansur Developers India Pvt. Ltd. 1(4) No.2650, Ground Floor Bengaluru Vs. 37Th B Cross, 28Th Main, 9Th Block Jayanagar Bangalore 560 009 Pan No : Aacck9866F Appellant Respondent C.O. Nos.103&104/Bang/2018 (Arising Out Of Ita Nos.1441 & 1442/Bang/2018) Assessment Years: 2009-10 & 2012-13

For Appellant: Shri Dilip, Junior Standing Counsel forFor Respondent: Dept
Section 147

section 68 of the act. As brought out in the facts the amount represents share capital introduced by Sri. Samyak Chandrakanth Veera a nonresident, non-citizen in the appellant company. The submissions of the appellant have been considered. All the documents furnished during the course of hearing by the AR of the appellant and also his oral arguments have

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1(4), BENGALURU vs. M/S KANSUR DEVELOPERS INDIA PVT. LTD. , BENGALURU

In the result, the revenue appeals in ITA Nos

ITA 1442/BANG/2018[2012-13]Status: DisposedITAT Bangalore28 Oct 2022AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1441 & 1442/Bang/2018 Assessment Year: 2009-10 & 2012-13 Acit Central Circle- M/S. Kansur Developers India Pvt. Ltd. 1(4) No.2650, Ground Floor Bengaluru Vs. 37Th B Cross, 28Th Main, 9Th Block Jayanagar Bangalore 560 009 Pan No : Aacck9866F Appellant Respondent C.O. Nos.103&104/Bang/2018 (Arising Out Of Ita Nos.1441 & 1442/Bang/2018) Assessment Years: 2009-10 & 2012-13

For Appellant: Shri Dilip, Junior Standing Counsel forFor Respondent: Dept
Section 147

section 68 of the act. As brought out in the facts the amount represents share capital introduced by Sri. Samyak Chandrakanth Veera a nonresident, non-citizen in the appellant company. The submissions of the appellant have been considered. All the documents furnished during the course of hearing by the AR of the appellant and also his oral arguments have

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1-(4), BENGALURU vs. M/S KANSUR DEVELOPERS INDIA PVT. LTD., BENGALURU

In the result, the revenue appeals in ITA Nos

ITA 1441/BANG/2018[2009-10]Status: DisposedITAT Bangalore28 Oct 2022AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1441 & 1442/Bang/2018 Assessment Year: 2009-10 & 2012-13 Acit Central Circle- M/S. Kansur Developers India Pvt. Ltd. 1(4) No.2650, Ground Floor Bengaluru Vs. 37Th B Cross, 28Th Main, 9Th Block Jayanagar Bangalore 560 009 Pan No : Aacck9866F Appellant Respondent C.O. Nos.103&104/Bang/2018 (Arising Out Of Ita Nos.1441 & 1442/Bang/2018) Assessment Years: 2009-10 & 2012-13

For Appellant: Shri Dilip, Junior Standing Counsel forFor Respondent: Dept
Section 147

section 68 of the act. As brought out in the facts the amount represents share capital introduced by Sri. Samyak Chandrakanth Veera a nonresident, non-citizen in the appellant company. The submissions of the appellant have been considered. All the documents furnished during the course of hearing by the AR of the appellant and also his oral arguments have

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3) , BENGALURU

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

ITA 411/BANG/2024[2019-20]Status: DisposedITAT Bangalore26 Sept 2025AY 2019-20

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Section 132Section 143(3)Section 144Section 153CSection 153D

68 days. (iii) Based on the material found from Samsung C–9 Pro mobile of Ms Parul kansaria during search proceedings confirmed in ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 5 of 40 statement u/s 132(4) where in answer to Q.No. 51 dated 9/8/2019, she agreed that unaccounted cash sales of around ₹ 1.88 crores were made. (iv) Ms Kansaria also agreed

DCIT, CENTRAL CIRCLE-1(3), BAENGALURU vs. LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

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

ITA 169/BANG/2024[2017-18]Status: DisposedITAT Bangalore26 Sept 2025AY 2017-18

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Section 132Section 143(3)Section 144Section 153CSection 153D

68 days. (iii) Based on the material found from Samsung C–9 Pro mobile of Ms Parul kansaria during search proceedings confirmed in ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 5 of 40 statement u/s 132(4) where in answer to Q.No. 51 dated 9/8/2019, she agreed that unaccounted cash sales of around ₹ 1.88 crores were made. (iv) Ms Kansaria also agreed

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

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

ITA 412/BANG/2024[2020-21]Status: DisposedITAT Bangalore26 Sept 2025AY 2020-21

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Section 132Section 143(3)Section 144Section 153CSection 153D

68 days. (iii) Based on the material found from Samsung C–9 Pro mobile of Ms Parul kansaria during search proceedings confirmed in ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 5 of 40 statement u/s 132(4) where in answer to Q.No. 51 dated 9/8/2019, she agreed that unaccounted cash sales of around ₹ 1.88 crores were made. (iv) Ms Kansaria also agreed

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3) , BENGALURU

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

ITA 410/BANG/2024[2018-19]Status: DisposedITAT Bangalore26 Sept 2025AY 2018-19

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

Section 132Section 143(3)Section 144Section 153CSection 153D

68 days. (iii) Based on the material found from Samsung C–9 Pro mobile of Ms Parul kansaria during search proceedings confirmed in ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 5 of 40 statement u/s 132(4) where in answer to Q.No. 51 dated 9/8/2019, she agreed that unaccounted cash sales of around ₹ 1.88 crores were made. (iv) Ms Kansaria also agreed

SRITHERUMALLESHWARA CO-OPERATIVE SOCIETY ,CHITRADURGA vs. INCOME-TAX OFFICER, WARD-1, , CHITRADURGA

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

ITA 187/BANG/2024[2017-18]Status: DisposedITAT Bangalore27 Mar 2024AY 2017-18

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2017-18

For Appellant: Shri Sandeep Chalapathy, CAFor Respondent: Shri Ganesh R. Ghale, Standing Counsel
Section 115BSection 133(6)Section 142(1)Section 144Section 144ASection 69ASection 80P(2)(a)

section 69A and taxing u/s. 115BBE of the Act. The assessee furnished reply on 24.09.2019 and also submitted Income & Expenditure Statement, Profit & Loss account and details of amount deposited in Vijaya Bank during the demonetization period. Directions u/s. 144A was sought from the Range Head and accordingly it was directed that net profit to be adopted at Rs.8