SYED MOHAMMED RIZWAN,BANGALORE vs. INCOME TAX OFFICER, WARD-2(2)(8), BANGALORE

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

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S.Shri Syed Mohammed Rizwan Vs The Income Tax Officer-2(2)(8) No. 193, 1St Main Road Bmtc Depot Sheshadripuram Koramangala Bangalore 560020 Bengaluru 560095 Pan – Afvpr3337R (Appellant) (Respondent) Assessee By: Shri B.R. Sudheendra, Ca Revenue By: Shri K.R. Narayan, Addl Cit-Dr Date Of Hearing: 12/09/2022 Date Of Pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This Appeal Is Against The Order Of The Commissioner Of Income Tax(Appeals)-11, Bangalore Dated 22.07.2022 For Ay 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. General Ground 1.1 The Order Passed By The Cit(A) 11, Bangalore Is Bad In Law & 'Liable To Be Quashed. 2. Assessment Order Passed In Violation Of Principles Of Natural Justice 2.1 The Learned Ao Erred In Making The Addition Under Section 68 Amounting To Rs. 3,99,46,180, Rs. 33,69,742 & .The Disallowance Of Interest Under Section 24(B) Amounting To Rs. 2,00,000 In An Undue, Haste & Mechanical Manner Without Properly Considering The Details & Documents Filed During The Assessment. 2.2 The Learned Ao Erred In Passing The Assessment Order & Erred In Making The Impugned Additions Without Issuing Any Show Cause Notice

193, 1st Main Road BMTC Depot Sheshadripuram Koramangala Bangalore 560020 Bengaluru 560095 PAN – AFVPR3337R (Appellant) (Respondent) Assessee by: Shri B.R. Sudheendra, CA Revenue by: Shri K.R. Narayan, Addl CIT-DR Date of hearing: 12/09/2022 Date of pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This appeal is against the order of the Commissioner of Income Tax(Appeals

SMT. RATHNAMMA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), BANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

193 CTR (All) 153: (2005) 274 ITR 405 (All) distinguished.” ………………………………………………………………………………………. ITA Nos.468 to 473/Bang/2023 Smt. Rathnamma, Bangalore Page 8 of 10 12.3.1 Thus, the provision u/s 68 of the Income Tax Act, 1961 is well settled that in order to make an addition under this section

SMT. RATHNAMMA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), BANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

193 CTR (All) 153: (2005) 274 ITR 405 (All) distinguished.” ………………………………………………………………………………………. ITA Nos.468 to 473/Bang/2023 Smt. Rathnamma, Bangalore Page 8 of 10 12.3.1 Thus, the provision u/s 68 of the Income Tax Act, 1961 is well settled that in order to make an addition under this section

SMT. RATHNAMMA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), BANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

193 CTR (All) 153: (2005) 274 ITR 405 (All) distinguished.” ………………………………………………………………………………………. ITA Nos.468 to 473/Bang/2023 Smt. Rathnamma, Bangalore Page 8 of 10 12.3.1 Thus, the provision u/s 68 of the Income Tax Act, 1961 is well settled that in order to make an addition under this section

SMT. RATHNAMMA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), BANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

193 CTR (All) 153: (2005) 274 ITR 405 (All) distinguished.” ………………………………………………………………………………………. ITA Nos.468 to 473/Bang/2023 Smt. Rathnamma, Bangalore Page 8 of 10 12.3.1 Thus, the provision u/s 68 of the Income Tax Act, 1961 is well settled that in order to make an addition under this section

SMT. RATHNAMMA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), BANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

193 CTR (All) 153: (2005) 274 ITR 405 (All) distinguished.” ………………………………………………………………………………………. ITA Nos.468 to 473/Bang/2023 Smt. Rathnamma, Bangalore Page 8 of 10 12.3.1 Thus, the provision u/s 68 of the Income Tax Act, 1961 is well settled that in order to make an addition under this section

SMT. RATHNAMMA,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(4), BANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

193 CTR (All) 153: (2005) 274 ITR 405 (All) distinguished.” ………………………………………………………………………………………. ITA Nos.468 to 473/Bang/2023 Smt. Rathnamma, Bangalore Page 8 of 10 12.3.1 Thus, the provision u/s 68 of the Income Tax Act, 1961 is well settled that in order to make an addition under this section

RAHUL MEKA ,BENGALURU vs. INCOME TAX OFFICER, WARD INTERNATIONAL TAXATION-1(2) , BENGALURU

In the result, appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 68 of the Act, on the facts and circumstances of the case. 4. Grounds on additions made amounting to Rs.28,53,193

SRI. MOHAMMADALI THAYALEPURAYIL ,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BENGALURU

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

68 of the Act have no application at\nall under the facts and in the circumstances of the appellant's\ncase.\n5.1 Without prejudice to the above, the learned CIT[A] is not\njustified in upholding the addition of Rs.2,88,00.000/- being\nthe alleged consideration on sale of property to the returned\nincome under the facts

MR. SANDEEP SAMANTHA,MANGALURU vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX CPC - TDS, GHAZIABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri A. K. Garodia & Shri George George Kassessment Year : 2016-17 Shri. Sandeep Samantha, Vs. The Additional Commissioner Of D.No.2-1-7/7, Shop No.2, Income-Tax, Manasa Residency, Chilimbi, Urwa, Cpc- Tds, Mangaluru – 575 006. Ghaziabad. Pan : Axlps 5874 J Appellant Respondent Assessee By : Shri. Srinivas Kamath, Ca Revenue By : Dr. Shankar Prasad, Add. Cit (Dr)(Itat), Bengaluru Date Of Hearing : 17.09.2020 Date Of Pronouncement : 25.09.2020 O R D E R Per A. K. Garodia: This Appeal Is Filed By The Assessee & The Same Is Directed Against The Order Of Learned Cit(A), Mangaluru Dated 16.01.2019 For Assessment Year 2016-17 In Respect Of Filing Of Form No.26Q For Quarter No.1 Of The Financial Year 2015-16. The Grounds Raised By The Assessee Are As Under:

68 ITD 390 (Mumbai). The object of introducing section 234E to curb a situation where tax was used to be deducted but statement would not be uploaded by the assessees and such inaction on the part of the assessee would deprive the department to give credit to the person in whose account tax was deducted. In the instant case

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

68,43,155/-. This also supports our contention that\nthe assessments records were not verified by the Learned JCIT.\nh) The Learned JCIT gave an approval under Section 153D despite\nthe Learned AO's erroneous statement that the case of the\nassessee was centralized with the DCIT Central Circle-2, vide\nOrder of the Pr. CIT, Mangalore in F.No

SHRI. GOPAL LOKESH,BANGALORE vs. INCOME-TAX OFFICER, WARD-1(2)(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2015-16

68 of the Act to the extent of Rs. 22,46,053 as unexplained cash credits without considering the cash withdrawals by the appellant from his bank accounts as sources. 5. That the learned Commissioner of Income Tax (Appeals) erred in law and on facts in confirming the addition of Rs. 1,05,60,969 towards unsecured loans

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TECNOTREE CONVERGENCE LTD , GURGAON

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

193/- u/s section 10A of the Act (iii) Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017 Page 3 of 45 2.2 On appeal, the CIT(A)-15, Delhi, disposed off the same; vide order dated 23.03.2017, allowing the assessee partial relief. 3. Both Revenue

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TECNOTREE CONVERGENCE LTD , GURGAON

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

193/- u/s section 10A of the Act (iii) Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017 Page 3 of 45 2.2 On appeal, the CIT(A)-15, Delhi, disposed off the same; vide order dated 23.03.2017, allowing the assessee partial relief. 3. Both Revenue

TECNOTREE CONVERGENCE LT D,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

193/- u/s section 10A of the Act (iii) Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017 Page 3 of 45 2.2 On appeal, the CIT(A)-15, Delhi, disposed off the same; vide order dated 23.03.2017, allowing the assessee partial relief. 3. Both Revenue

TECNOTREE CONVERGENCE LT D,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

193/- u/s section 10A of the Act (iii) Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017 Page 3 of 45 2.2 On appeal, the CIT(A)-15, Delhi, disposed off the same; vide order dated 23.03.2017, allowing the assessee partial relief. 3. Both Revenue

SRI PRAKASH BHAJANDAS TALREJA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

In the result, ITA Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 are partly allowed and ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.1061 To 1066/Bang/2023 Assessment Years: 2014-15, 2015-16, 2016-17, 2016-17, 2017-18 & 2018-19 Sri Prakash Bhajandas Talreja No.402, 4Th Floor, Embassy Centre No.11, Crescent Road Dcit Bengaluru 560 001 Vs. Central Circle-1(3) Karnataka Bengaluru Pan No : Abkpt1011B Assessee Respondent Assessee By : Shri V. Srinivasan, 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: The Appeals In Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 Are Emanated From The Common Order Of Cit(A) Central Circle, Bengaluru For The Assessment Years 2014-15 To 2018-19 Dated 16.11.2023. Ita No.1064/Bang/2023 Is Emanated From The Order Of Cit(A) Dated 11.8.2023 For The Assessment Year 2016-17 With Regard To Levy Of Penalty U/S 271Aab Of The Income Tax Act, 1961 (In Short “The Act”). Since The Issue In All These Appeals Is Common In Nature, These Are Clubbed Together, Heard Together & Disposed Of By This Common Order For The Sake Of Convenience. 2. First, We Will Take Up Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 For Adjudication. The Common Ground In All These Appeals Except Change In Figures, Which Reads As Under:

section 153A, then such seized material is to be handed over to the assessing officer of the other person to initiate assessment or Page 39 of 121 ITA Nos.1061 to 1066/Bang/2023 Sri Prakash Bhajandas Talreja, Bangalore reassessment proceedings in case of such other person. The expression used is "belongs to or.......pertains to or.........relates to the other person

SRI PRAKASH BHAJANDAS TALREJA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

In the result, ITA Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 are partly allowed and ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.1061 To 1066/Bang/2023 Assessment Years: 2014-15, 2015-16, 2016-17, 2016-17, 2017-18 & 2018-19 Sri Prakash Bhajandas Talreja No.402, 4Th Floor, Embassy Centre No.11, Crescent Road Dcit Bengaluru 560 001 Vs. Central Circle-1(3) Karnataka Bengaluru Pan No : Abkpt1011B Assessee Respondent Assessee By : Shri V. Srinivasan, 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: The Appeals In Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 Are Emanated From The Common Order Of Cit(A) Central Circle, Bengaluru For The Assessment Years 2014-15 To 2018-19 Dated 16.11.2023. Ita No.1064/Bang/2023 Is Emanated From The Order Of Cit(A) Dated 11.8.2023 For The Assessment Year 2016-17 With Regard To Levy Of Penalty U/S 271Aab Of The Income Tax Act, 1961 (In Short “The Act”). Since The Issue In All These Appeals Is Common In Nature, These Are Clubbed Together, Heard Together & Disposed Of By This Common Order For The Sake Of Convenience. 2. First, We Will Take Up Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 For Adjudication. The Common Ground In All These Appeals Except Change In Figures, Which Reads As Under:

section 153A, then such seized material is to be handed over to the assessing officer of the other person to initiate assessment or Page 39 of 121 ITA Nos.1061 to 1066/Bang/2023 Sri Prakash Bhajandas Talreja, Bangalore reassessment proceedings in case of such other person. The expression used is "belongs to or.......pertains to or.........relates to the other person

SRI PRAKASH BHAJANDAS TALREJA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

In the result, ITA Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 are partly allowed and ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillaiita Nos.1061 To 1066/Bang/2023 Assessment Years: 2014-15, 2015-16, 2016-17, 2016-17, 2017-18 & 2018-19 Sri Prakash Bhajandas Talreja No.402, 4Th Floor, Embassy Centre No.11, Crescent Road Dcit Bengaluru 560 001 Vs. Central Circle-1(3) Karnataka Bengaluru Pan No : Abkpt1011B Assessee Respondent Assessee By : Shri V. Srinivasan, 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: The Appeals In Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 Are Emanated From The Common Order Of Cit(A) Central Circle, Bengaluru For The Assessment Years 2014-15 To 2018-19 Dated 16.11.2023. Ita No.1064/Bang/2023 Is Emanated From The Order Of Cit(A) Dated 11.8.2023 For The Assessment Year 2016-17 With Regard To Levy Of Penalty U/S 271Aab Of The Income Tax Act, 1961 (In Short “The Act”). Since The Issue In All These Appeals Is Common In Nature, These Are Clubbed Together, Heard Together & Disposed Of By This Common Order For The Sake Of Convenience. 2. First, We Will Take Up Ita Nos.1061, 1062, 1063, 1065 & 1066/Bang/2023 For Adjudication. The Common Ground In All These Appeals Except Change In Figures, Which Reads As Under:

section 153A, then such seized material is to be handed over to the assessing officer of the other person to initiate assessment or Page 39 of 121 ITA Nos.1061 to 1066/Bang/2023 Sri Prakash Bhajandas Talreja, Bangalore reassessment proceedings in case of such other person. The expression used is "belongs to or.......pertains to or.........relates to the other person