DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

section 153C is a machinery\nprovision, which has been inserted with the purpose of carrying out the\nassessment of persons other than the searched person under section 132 of\nthe Act, 1961. Even, in the impugned judgment and order, the High Court\nhas, at paragraph 19.4 recorded that section 153C of the Act is a machinery\nprovision

INCOME TAX OFFICER, WARD - 3(2)(3), BANGALORE vs. SRI MADE GOWDA THIBBE GOWDA, BANGALORE

In the result, the appeal of the revenue is dismissed and CO of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2008-09

147 and accordingly notice u/s. 148 was issued to assessee on 14.11.2014 and served on 20.11.2014. 65. Now the question before us is whether the AO was justified in reopening the assessment on the basis of the above information. According to the assessee, assessment should have been reopened u/s. 153C of the Act instead of 148. In our opinion

M/S. CRYSTAL GRANITE AND MARBLE PRIVATE LIMITED,RAMANAGARAM vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes and Stay Petition is dismissed as infructuous

Bench: Shri George George K & Shri Laxmi Prasad Sahus.P No.29/Bang/2023 Assessment Year: 2017-18

section 68 had been duly satisfied on aspect of identity of creditors and genuineness of transactions. Moreover, loans had been granted through banking channels and copy of bank statements also had been provided. vii. The learned AO has failed to appreciate the fact that the appellant had returned majority of the amount received as advance before

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

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

MR. MOHAMMED HANIF MOHAMMED YUSUF DHARWADKAR,HUBLI vs. INCOME-TAX OFFICER, WARD-1(1), HUBLI

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

Section 68 of the Act. Accordingly, he added Rs. 1,25,89,399/- to the income of the assessee and completed the assessment. Against this assessee went in appeal before ld. CIT(A). 8. The ld. CIT(A) observed that the assessee had opportunity before three forums - ITO(Inv.), AO and these proceedings — to furnish requisite material to establish

M/S. UE DEVELOPMENT INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(1), BANGALORE

In the result, the ITA No

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

Section 147 of the Act was taken, the said assessment cannot be reviewed without any tangible or fresh material before the A.O. so as to reopen the assessment. He submitted that the judgment of CIT Vs. Kelvinator of India Ltd. (supra) was valid in the following cases : i) CIT Vs. Hewlett Packard Globalsoft (P) Ltd. 79 taxmann.com

M/S TATA ADVANCED MATERIALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE

In the result, the ITA No

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

Section 147 of the Act was taken, the said assessment cannot be reviewed without any tangible or fresh material before the A.O. so as to reopen the assessment. He submitted that the judgment of CIT Vs. Kelvinator of India Ltd. (supra) was valid in the following cases : i) CIT Vs. Hewlett Packard Globalsoft (P) Ltd. 79 taxmann.com

TATA ADVANCED MATERIALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE

In the result, the ITA No

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

Section 147 of the Act was taken, the said assessment cannot be reviewed without any tangible or fresh material before the A.O. so as to reopen the assessment. He submitted that the judgment of CIT Vs. Kelvinator of India Ltd. (supra) was valid in the following cases : i) CIT Vs. Hewlett Packard Globalsoft (P) Ltd. 79 taxmann.com

M/S NAVODAYA GRAMA VIKAS CHARITABLE TRUST ,MANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1 , MANGALORE

In the result, both the appeals of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147. Accordingly, notice u/s. 148 of the Income Tax Act needs to be issued in this case for AY 2009-10” Yours sincerely, (JOSEPH RODRIGUES) ASSISTANT COMMISSIONER OF INCOME-TAX I (EXEMPTIONS), CIRCLE-1, MANGALURU 8. Being so, in our opinion the reopening of assessment which is already concluded under Section 143(3) of the Act of the assessment

M/S.NAVODAYA GRAMA VIKAS CHARITABLE TRUST ,MANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) CIRCLE-1 , , MANGALORE

In the result, both the appeals of the assessee are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147. Accordingly, notice u/s. 148 of the Income Tax Act needs to be issued in this case for AY 2009-10” Yours sincerely, (JOSEPH RODRIGUES) ASSISTANT COMMISSIONER OF INCOME-TAX I (EXEMPTIONS), CIRCLE-1, MANGALURU 8. Being so, in our opinion the reopening of assessment which is already concluded under Section 143(3) of the Act of the assessment

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

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

68 amounting to Rs.4,07,88,170/ - without appreciating the fact that except for the identity, the assessee has not been able to establish the creditworthiness of the person advancing loan and also genuineness of the transaction. 2. On the facts and circumstances of the case, the Ld CIT(A) erred in holding that the assessee has proved

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

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

68 amounting to Rs.4,07,88,170/ - without appreciating the fact that except for the identity, the assessee has not been able to establish the creditworthiness of the person advancing loan and also genuineness of the transaction. 2. On the facts and circumstances of the case, the Ld CIT(A) erred in holding that the assessee has proved

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

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

68 amounting to Rs.4,07,88,170/ - without appreciating the fact that except for the identity, the assessee has not been able to establish the creditworthiness of the person advancing loan and also genuineness of the transaction. 2. On the facts and circumstances of the case, the Ld CIT(A) erred in holding that the assessee has proved

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

147 for the Assessment Year\n2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1\n54 on 29.07.2021, for the same AY, enhancing interest u./s 234B\nby Rs.1,68,14,539/and charged interest u/s 234D of Rs.\n87,89,415/- since the interest initially undercharged under Section

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BANGALORE vs. COFFEE DAY ENTERPRISES, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 for the Assessment Year 2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1 54 on 29.07.2021, for the same AY, enhancing interest u./s 234B by Rs.1,68,14,539/and charged interest u/s 234D of Rs. 87,89,415/- since the interest initially undercharged under Section

DEPUTY COMMISSIONER OF INCOME-TAX, , BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

147 for the Assessment Year 2011-12 on 28.06.2019, the AO passed a rectification order u/s. 1 54 on 29.07.2021, for the same AY, enhancing interest u./s 234B by Rs.1,68,14,539/and charged interest u/s 234D of Rs. 87,89,415/- since the interest initially undercharged under Section