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

69C prima facie these sections are not applicable in the case of assessee for the following reasons. Section Explanation for non applicability of Section Unexplained The assessee has merely transferred his own 68

M/S. KHODAY INDIA LIMITED,BANGALORE vs. INCOME TAX OFFICER, WARD- 4(1)(2), BANGALORE

In the result appeal filed by assessee stands allowed

Bench: Smt. Beena Pillai & Shri. Laxmi Prasad Sahuassessment Year : 2015-16 M/S. Khoday India Ltd., The Income-Tax 7Th Mile, Brewery House, Officer, Kanakapura Road, Ward 4 (1)(2), Bangalore – 560 062. Bangalore. Pan: Aaack6734C Vs. Appellant Respondent Assessee By : Shri V. Sridhar, Ca : Shri Ramesh B.R., Addl. Cit Revenue By (Dr) Date Of Hearing : 09-06-2022 Date Of Pronouncement : 30-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against Order Dated 09/12/2021 Passed By The Ld.Cit(A)-11, Bangalore For Assessment Year 2015-16 On Following Grounds Of Appeal: “1. The Order Of The Learned Commissioner Of Income-Tax (Appeals), Bengaluru-11, Bengaluru In Ita No.Cit(A)- 11/Bng/Tr.10036/2018-19 (Din: Itba /Apl /M/ 250 /2021-22/ 1037634908(1) Dated:09.12.2021 Is Opposed To Law, Weight Of Evidence, Probabilities & Facts & Circumstances Of The Case. 2. The Learned Commissioner Of Income-Tax (Appeals) Erred In Confirming The Order Of The Assessing Officer Passed U/S.154 Of The Income Tax Act, 1961 Dated:14.02.2018. 3. The Learned Commissioner Of Income-Tax (Appeals) Erred In Not Directing The Assessing Officer To Set Off The Entire

68 or section 69 or section 69A or section 69C or section 69D." Page 10 of 11 The intention

G. PRASAD REDDY,BANGALORE vs. ASST.C.I.T., BANGALORE

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

Bench: Shri Sunil Kumar Yadav

69C of the Act. It is further submitted that the assessing officer erred in making addition of Rs.23,89,000/- under Section 40A(3) of the Act without appreciating that Section 40A(3) has no appl i cati on to th e Appel l an t's cas e s i n ce th e ca sh transactions

MR. BHASKAR JOSEPH,BANGALORE vs. INCOME TAX OFFICER, WARD- 6(2)(2), BANGALORE

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

Bench: Shri Chandra Poojariassessment Year: 2015-16

68 of the Act cannot be sustained. Section 44AD provides that where the assessee is engaged in eligible business as proprietor under that section, a sum equal to 8% of the gross receipts shall be deemed to be the profits and gains of such business. Section 44AD exempts the assessee from maintenance of books of accounts. Once

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

68", "Section 132(4)", "Section 153C", "Section 148", "Section 143(3)", "Section 132", "Section 131", "Section 133A", "Section 69B", "Section 69C

MKH INFRASTRUCTURE,KERALA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeals of the assessee in ITA Nos

68", "Section 132(4)", "Section 153C", "Section 148", "Section 143(2)", "Section 142(1)", "Section 131", "Section 69B", "Section 115BBE", "Section 69C

MR.GIRISH V YALAKKISHETTAR ,DHARWAD vs. THE INCOME TAX OFFICER WARD-2(3), BANGALORE

In the result, both the appeals filed by the assessee are partly allowed

Bench: Shri Chandra Poojari

68 of the Act cannot be sustained. Section 44AD provides that where the assessee is engaged in eligible business as proprietor under that section, a sum equal to 8% of the gross receipts shall be deemed to be the profits and gains of such business. Section 44AD exempts the assessee from maintenance of books of accounts. Once

MR. GIRISH V YALAKKISHETTAR,DAHRWAD vs. INCOME TAX OFFICER WARD-2(3), HUBLI

In the result, both the appeals filed by the assessee are partly allowed

Bench: Shri Chandra Poojari

68 of the Act cannot be sustained. Section 44AD provides that where the assessee is engaged in eligible business as proprietor under that section, a sum equal to 8% of the gross receipts shall be deemed to be the profits and gains of such business. Section 44AD exempts the assessee from maintenance of books of accounts. Once

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

sections 68, 69, 69A, 69B, 69C & 69D of the IT Act and (ii) the Learned Assessing Officer levied tax & surcharge

PUKHRAJ,SHIVAMOGGA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, SHIVAMOGGA

In the result, appeal of the assessee is allowed

Bench: Shri. George George K & Ms. Padmavathy Sassessment Year : 2017-18 Shri. Pukhraj, Vs. Acit, Prop: Kissan Trading Co., Circle – 1, Bhati Complex, Shivamogga. 1St Cross Garden Area, Shivamogga – 577 202. Pan : Afjpp 7695 A Appellant Respondent Assessee By : Smt. Suman Lunkar, Ca Revenue By : Smt. Priyadarshini Baseganni, Addl. Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 13.07.2022 Date Of Pronouncement : 19.07.2022 O R D E R Per Padmavathy S

68 of the Act cannot be sustained and is therefore deleted. This ground is allowed in favour of the assessee. 12. The next issue for our consideration is the addition made under section 69C

M/S. KOKKARNE PRABHAKAR,HUBBALLI vs. INCOME TAX OFFICER, WARD - 3(2), HUBBALLI

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

Bench: Shri Chandra Poojari, Am Assessment Year: 2013-14 Shri Kokkarne Prabhakara, Vs. Income Tax Officer, 103, Indira Prasta Apartment, Ward 3(2), Hubballi. Vivekanand Colony, Keshwapur, Hubli-580 023 Pan Acipp 8430H

68 of the Act cannot be sustained. Section 44AD provides that where the assessee is engaged in eligible business as proprietor under that section, a sum equal to 8% of the gross receipts shall be deemed to be the profits and gains of such business. Section 44AD exempts the assessee from maintenance of books of accounts. Once

SYED MAQSOODULLA ,BANGALORE vs. INCOME TAX OFFICER WARD-3(2)(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Chandra Poojari, Am Assessment Year: 2015-16 Syed Maqsoodulla, Vs. The Income Tax Officer, No.14, 7Th “A’ Cross Ward-3(2)(1), Bangalore. ‘D’ Block, Magadi Road Bangalore-560023. [Pan:Cycps 3116F]

68 of the Act cannot be sustained. Section 44AD provides that where the assessee is engaged in eligible business as proprietor under that section, a sum equal to 8% of the gross receipts shall be deemed to be the profits and gains of such business. Section 44AD exempts the assessee from maintenance of books of accounts. Once

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

section 68 of the Act. 19. That the authorities below erred in refusing to grant the beneficial treatment provided under the Act of the Capital gains earned by the assessee from the transfer of shares in M/s. Blue Circle Services Ltd of Rs. 16,22,06,666/-. 20. That the authorities below erred in refusing to grant the beneficial

LAXMIPAT DUDHERIA,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

section 68 of the Act. 19. That the authorities below erred in refusing to grant the beneficial treatment provided under the Act of the Capital gains earned by the assessee from the transfer of shares in M/s. Blue Circle Services Ltd of Rs. 16,22,06,666/-. 20. That the authorities below erred in refusing to grant the beneficial

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

section 68 of the Act. 19. That the authorities below erred in refusing to grant the beneficial treatment provided under the Act of the Capital gains earned by the assessee from the transfer of shares in M/s. Blue Circle Services Ltd of Rs. 16,22,06,666/-. 20. That the authorities below erred in refusing to grant the beneficial

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

In the result, all the four appeals filed by the assessee are allowed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

section 68 of the Act. 19. That the authorities below erred in refusing to grant the beneficial treatment provided under the Act of the Capital gains earned by the assessee from the transfer of shares in M/s. Blue Circle Services Ltd of Rs. 16,22,06,666/-. 20. That the authorities below erred in refusing to grant the beneficial

BIJU PAPPACHAN,KERALA vs. AO, BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2019-20

68 or section 69 or section 69A or section 69B or section 69C OR section

GANGOTHRI VENTURES,BANGALORE vs. INCOME-TAX OFFICER, WARD-5(2)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2018-19

68 of the Act is not applicable to the facts of the present case as there is no unexplained credit. Hence, section 69C/68 of the Act is not applicable. Section 69C