M/S. BHUWALKA STEEL INDUSTRIES LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(2), BANGALORE

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

Bench: Shri George George K & Shri Laxmi Prasad Sahu

9. The assessment order of the Learned Assessing Officer is bad in law as the mandatory conditions to invoke the jurisdiction under section 92CA of the Act did not exist or having not been compiled with and consequently the order of the Learned Assessing Officer is bad in law want of requisite jurisdiction. The Learned Assessing Officer erred

M/S BHUWALKA STEEL INDUSTRIES LIMITED ,BANGALORE vs. INCOME TAX OFFICER WARD-1(1)(4), BANGALORE

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

Bench: Shri George George K & Shri Laxmi Prasad Sahu

9. The assessment order of the Learned Assessing Officer is bad in law as the mandatory conditions to invoke the jurisdiction under section 92CA of the Act did not exist or having not been compiled with and consequently the order of the Learned Assessing Officer is bad in law want of requisite jurisdiction. The Learned Assessing Officer erred

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

68,66,897/- towards the professional services paid by assessee to RNA Resources Group Ltd., and Home Centre LLC it was submitted by assessee that, the payment made to Home Centre LLC was towards consultancy of setting up of new stores and that the expenditure was capitalised in the books of account Page

M/S LIFESTYLE INTERNATIONAL PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

68,66,897/- towards the professional services paid by assessee to RNA Resources Group Ltd., and Home Centre LLC it was submitted by assessee that, the payment made to Home Centre LLC was towards consultancy of setting up of new stores and that the expenditure was capitalised in the books of account Page

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

68,66,897/- towards the professional services paid by assessee to RNA Resources Group Ltd., and Home Centre LLC it was submitted by assessee that, the payment made to Home Centre LLC was towards consultancy of setting up of new stores and that the expenditure was capitalised in the books of account Page

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE vs. M/S LIFESTYLE INTERNATIONAL PVT LTD , BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

68,66,897/- towards the professional services paid by assessee to RNA Resources Group Ltd., and Home Centre LLC it was submitted by assessee that, the payment made to Home Centre LLC was towards consultancy of setting up of new stores and that the expenditure was capitalised in the books of account Page

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S. LIFESTYLE INTERNATIONAL (P) LTD.,, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

68,66,897/- towards the professional services paid by assessee to RNA Resources Group Ltd., and Home Centre LLC it was submitted by assessee that, the payment made to Home Centre LLC was towards consultancy of setting up of new stores and that the expenditure was capitalised in the books of account Page

INCOME TAX OFFICER, WARD-1(3), MYSORE vs. SRI K S HARISH,, MYSORE

In the result, revenue’s appeal is dismissed

68,694 made to M/s. Akshay Industries, Bangalore following the decision of the co- ordinate bench of this Tribunal in the case of Sri Renukeshwara Rice Mills (supra), holding as under at paras 5.1 and 5.2 of his order : “5.1 I have considered the arguments carefully. The crux of the issue in this case is whether, the provisions of section

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 250 of the Income tax Act, 1961 requested that, the appeal be allowed. 3.8. Further, the ld. A.R. relied on the judgement of Punjab & Haryana High Court in the case of CIT Vs. Nikko Auto Ltd. (2002) (122 Taxman 874) (Punj. & Har.), wherein held as follows: “There is no dispute about the identity of the payee. The said

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 250 of the Income tax Act, 1961 requested that, the appeal be allowed. 3.8. Further, the ld. A.R. relied on the judgement of Punjab & Haryana High Court in the case of CIT Vs. Nikko Auto Ltd. (2002) (122 Taxman 874) (Punj. & Har.), wherein held as follows: “There is no dispute about the identity of the payee. The said

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Section 250 of the Income tax Act, 1961 requested that, the appeal be allowed. 3.8. Further, the ld. A.R. relied on the judgement of Punjab & Haryana High Court in the case of CIT Vs. Nikko Auto Ltd. (2002) (122 Taxman 874) (Punj. & Har.), wherein held as follows: “There is no dispute about the identity of the payee. The said

SHRI. K. MUNIRAJU,BANGALORE vs. PRINCIPAL COMMISSIONER INCOME TAX, CENTRAL, BANGALORE

In the result appeals filed by assessee for asst

Bench: Shri A.K Garodia & Smt. Beena Pillai

section 40A(3) of the Act. He also noted that, Ld.AO neither examined nor made any enquiries regarding the same during assessment proceedings. 13. Ld.AR submitted that for years under consideration, Ld.Pr.CIT sought to revise assessment order for verifying following expenditure made by assessee in cash in violation of sec.40A(3). S.No. Asst.Yr. Expenditure paid in cash

ACIT vs. M/S COASTAL ROAWAYS,

In the result, appeal by the Revenue is dismissed and the CO is partly allowed

Bench: Shri N.V.Vasudevan & Shri Inturi Rama Raoasst. Commissioner Of Income-Tax, Circle 1(1), Mangalore. … Appellant Vs. M/S. Coastal Roadways, D.No.4-64/11, Bantwal Chambers, Balikampady, Mangalore. … Respondent Pan:Aaffc 5977 M Cross Objn.No.35/Bang/2013 (In Ita No.1139/Bang/2013) (Assessment Year: 2008-09) (By The Assessee) ****** Revenue By: Dr. P.K.Srihari, Addl.Cit. Assessee By: Shri R.E.Balasubramaniyan, Ca. Date Of Hearing : 05/01/2016 Date Of Pronouncement: 08/01/2016 O R D E R Per N.V.Vasudevan, Jm:

40A is being substituted to nullify the loophole created by the judicial decisions, the legal position remains the same even after the said substitution. The newly substituted sub- section (3) contains the phrase "a payment or aggregate of payments made to a person in a day..." This expression is analogous to the phrase "in a sum" used in erstwhile

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE-7, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

40A(2) of the Act:  Kirloskar Oil Engines Vs JCIT, ITA Nos. 61 & 406/PUN/2015 (Pune ITAT)  The Bombay Samachar Pvt. Ltd., ITA no. 7171/Mum./2010 and others (Bombay ITAT) 28.1 The ld. D.R. submitted that there was no evidence to show that the Executive Chairman Mr. Vijay Mallya rendered any services to the assessee so as to give commission

NEOGENETICS FOODS PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.361/Bang/2021 Assessment Year : 2016-17 M/S. Neogenetics Foods Private Limited, Vs. Dcit, Level 14 & 15, Concorde Towers, Ub City, 1 Circle - 3(1)(1), Vittal Malya Road, Ub City, Bengaluru. Bengaluru – 560 001. Pan : Aadcn 7689 L Assessee Respondent Assessee By : Shri. Narendra Kumar Jain, Advocate Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 03.02.2022 Date Of Pronouncement : 07.02.2022 O R D E R Per N V Vasudevan

9) of Section 10B. In the matter of GENERAL FINANCE CO. vs. ACIT, which judgment has also been taken note of by the tribunal while repelling the contention raised by revenue with regard to retrospectivity of Section 92BA(i) of the Act. Thus, when clause (i) of Section 92BA having been omitted by the Finance

SRI.R.P.NARAYANA RAO,MYSORE vs. INCOME TAX OFFICER, MYSORE

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

Bench: Shri Vijay Pal Rao

40A(3). As regards the claim of the assessee that out of Rs.4,39,000, a sum of Rs.1,09,000 was paid through DD, this fact has not been examined by the authorities below 7 and therefore it is set aside to the record of the Assessing Officer to verify the same and then decide this issue

GOPAL S. PANDITH vs. DCIT,

In the result, all the appeals of the assessee are partly allowed

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

9 - 1 0 . 11. The Learned CIT(A) erred in upholding the disallowance made under Section 40A(3) of the Act without considering the contention that provisions of section 40A(3) of the Act without considering the contention that provisions of section 40A(3) of the Act without considering the contention that provisions of section 40A

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

9. Ground No.5 : Deduction under section 10A of the Act to be on assessed income 9.1 In this ground (supra), the assessee contends that the AO erred in restricting the deduction under section 10A of the Act only to the extent claimed in the return of income, i.e., on returned income and that the AO ought to have

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

9. Ground No.5 : Deduction under section 10A of the Act to be on assessed income 9.1 In this ground (supra), the assessee contends that the AO erred in restricting the deduction under section 10A of the Act only to the extent claimed in the return of income, i.e., on returned income and that the AO ought to have