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11 results for “transfer pricing”+ Demonetizationclear

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Key Topics

Section 69B21Section 153A15Section 115B11Addition to Income11Section 6810Section 2638Section 69A7Disallowance7Cash Deposit6

SHREE HANUMAN CREDIT SOUHARD SAHAKARI LIMITED,CHIKODI vs. PR. COMMISSIONER OF INCOME-TAX, HUBLI

In the result, the appeal of the assessee is allowed

ITA 29/BANG/2023[2017-18]Status: DisposedITAT Bangalore17 Mar 2023AY 2017-18

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2017-18

For Appellant: Shri S.V. Ravishankar, AdvocateFor Respondent: Shri D.K. Mishra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 263Section 80P

Transfer Pricing Officer, as the case may be,] shall be deemed to be erroneous in so far as it is prejudicial to the interests of the revenue, if, in the opinion of the Principal 95[Chief Commissioner or Chief Commissioner or Principal] Commissioner or Commissioner,— (a) the order is passed without making inquiries or verification which should have been made

NERALAKERE MARULASIDDAPPA DAYANANDA ,TARIKERE vs. INCOME TAX OFFICER, WARD-1 , CHIKMAGALUR

Demonetization6
Section 2504
Section 143(3)4

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

ITA 261/BANG/2023[2017-19]Status: DisposedITAT Bangalore22 Jun 2023AY 2017-19

Bench: Shri Chandra Poojari & Smt Beena Pillaiassessment Year : 2017-18 Shri Neralakere Marulasiddappa The Income-Tax Officer, Dayananda, Ward-1, S/O Ns Marulasiddappa, Vs. Chikmagalur. Neralekere Post, Tarikere. Pan – Aswpd 5306 N Appellant Respondent Assessee By : Shri Vevek A.R, Advocate Revenue By : Smt. Priyadarshini Besaganni, Cit (Dr) Date Of Hearing : 15.06.2023 Date Of Pronouncement : 22.06.2023 O R D E R Per Beena Pillaipresent Appeal Is Filed By The Assessee Against The Order Dated 2/2/2023 Passed By The Nfac For The Assessment Year 2017-18 On Following Ground Of Appeal:- 1. The Entire Appeal Order Passed By Learned Cit In So Far It Is Against The Appellant Is Opposed To Principle Of Equity & Justice. 2. The Learned Ao Erred In Bringing Amount Of Rs.18.44 Lakhs To Tax Without Appreciating The Fact That, Appellant Is An Agriculturist & Has Given All Particulars Which Were Sought By The Learned Ao. 3. The Learned Ao Ought To Have Considered The Income Of Huf Also While Concluding The Assessment. Page 2 Of 7

For Appellant: Shri Vevek A.R, AdvocateFor Respondent: Smt. Priyadarshini Besaganni
Section 1Section 115BSection 250Section 68Section 69Section 69ASection 69BSection 69CSection 69D

transfers. Categorically, the assessee submitted before the authorities below that the cash during the demonetization period into bank account is out of agricultural proceeds only, which has been declared in the return of income. The ld.AO after considering various submission of the assessee made addition of Rs.18,44,000/- as assessee failed to furnish any satisfactory explanation with documentary evidences

KAMAL KOTHARI ,CHANNAPATNA vs. INCOME TAX OFFICER, WARD-1, , RAMNAGAR

In the result, appeal filed by the assessee is allowed

ITA 741/BANG/2023[2017-18]Status: DisposedITAT Bangalore23 Nov 2023AY 2017-18

Bench: Shri George George Kassessment Year : 2017-18 Shri. Kamal Kothari, Vs. Ito, Prop: M/S. B. L. Bankers, Ward – 1, M. G. Road, Ramnagar. Channapatna – 562 160. Pan : Bcgpk 1898 B Appellant Respondent Assessee By : Smt. Suman Lunkar, Ca Revenue By : Shri. Ganesh R Ghale, Advocate, Standing Counsel For Revenue. Date Of Hearing : 21.11.2023 Date Of Pronouncement : 23.11.2023

For Appellant: Smt. Suman Lunkar, CAFor Respondent: Shri. Ganesh R Ghale, Advocate, Standing Counsel for Revenue
Section 115BSection 234BSection 250Section 69A

transfer, as he had done by depositing cash of Rs.20,000/-. This again goes on to prove that the assessee had no such cash on hand. f) Lastly, If the assessee had cash on hand on the day of demonetization day le.. 8.11.2016 and from 9.11.2016. one would have exchanged the old notes only through bank deposits

SMT. MALAPUR MOUNIKA,CHITRADURGA vs. INCOME-TAX OFFICER, WARD-1, CHITRADURGA

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

ITA 599/BANG/2023[2017-18]Status: DisposedITAT Bangalore30 Oct 2023AY 2017-18

Bench: Shri George George Kassessment Year : 2017-18 Smt. Malapur Mounika, Vs. Ito, Prop : M/S. Kaligal Poultry Services, Ward – 1, M H Road, Chitradurga. Chitradurga – 577 501. Pan : Bhypm 5247 F Appellant Respondent Assessee By : Ms. Sunaina Bhatia, Ca Revenue By : Shri. Ganesh R Ghale, Advocate, Standing Counsel For Revenue. Date Of Hearing : 27.10.2023 Date Of Pronouncement : 30.10.2023

For Appellant: Ms. Sunaina Bhatia, CAFor Respondent: Shri. Ganesh R Ghale, Advocate, Standing Counsel for Revenue
Section 115BSection 15BSection 234Section 250Section 69A

transferring or receiving SBNs is only after the ‘appointed day’ which is 31.12.2016. In view of the above, there is no violation by the assessee of any law in accepting SBNs for the purpose of cash sales and considering it to be a due discharge of debt. Furthermore, even the CBDT had issued various Standard Operating Procedures (SOPs) instructing

M/S. MAHAVEERA MINORITY CREDIT CO-OPERATIVE SOCIETY LIMITED,VIJAYANAGAR vs. INCOME TAX OFFICER, WARD-1 & TPS , HOSPET

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

ITA 528/BANG/2024[2017-18]Status: DisposedITAT Bangalore13 Jun 2024AY 2017-18
Section 115BSection 143(3)Section 250Section 68

price in SBNs as a part of such activity,\nif accepted, would defeat the provisions of such section of RBI, 1934 and it\nleads to public policy. Therefore, the activity of society with regard to this,\nis ab-initio void as per the relevant provisions. Hence the society for having\ndeposited such SBNs in banks during such period, represents

SRI. VISHWANATH KUNTAVALLI,THIRTHAHALLI vs. THE INCOME TAX OFFICER, WARD-4, SHIMOGA

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

ITA 762/BANG/2022[2017-18]Status: DisposedITAT Bangalore06 Mar 2023AY 2017-18
For Appellant: Shri Tata Krishna, AdvocateFor Respondent: Shri Kannan Narayanan, Addl CIT
Section 194CSection 251(1)(a)Section 40Section 68

demonetization period and deposited the same during such period and showed advance of Rs.2,11,44,2911- as on 08.11.2016 to cover the same, ought not to have invoked section 68 as the source of deposit being sale proceeds stood accepted by them. 5.11. The lower authorities are not justified levying tax on aforesaid addition under section 115BBE on Rs.1

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

ITA 466/BANG/2024[2017-18]Status: DisposedITAT Bangalore08 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

transfer of properties”. 4.34 The Hon’ble Supreme Court in the case of K.P. Varghese vs. ITO (1981) 131 ITR 597 (SC) held that the capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability

MOHAMMED IBRABIM MOHIDEEN ,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, appeal of the assessee in ITA

ITA 486/BANG/2024[2018-19]Status: DisposedITAT Bangalore08 Jul 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

transfer of properties”. 4.34 The Hon’ble Supreme Court in the case of K.P. Varghese vs. ITO (1981) 131 ITR 597 (SC) held that the capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, MANGALORE

In the result, appeal of the assessee in ITA

ITA 464/BANG/2024[2015-16]Status: DisposedITAT Bangalore08 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

transfer of properties”. 4.34 The Hon’ble Supreme Court in the case of K.P. Varghese vs. ITO (1981) 131 ITR 597 (SC) held that the capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

ITA 463/BANG/2024[2014-15]Status: DisposedITAT Bangalore08 Jul 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Smt. Sheetal Borkar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 153ASection 69B

transfer of properties”. 4.34 The Hon’ble Supreme Court in the case of K.P. Varghese vs. ITO (1981) 131 ITR 597 (SC) held that the capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeal of the assessee in ITA\nNo

ITA 465/BANG/2024[2016-17]Status: DisposedITAT Bangalore08 Jul 2024AY 2016-17
Section 153ASection 69B

transfer of properties”.\n4.34 The Hon'ble Supreme Court in the case of K.P. Varghese vs.\nITO (1981) 131 ITR 597 (SC) held that the capital gains is intended\nto tax the gains of assessee not what an assessee might have gained\nand what is not gained cannot be computed as gain and the\nassessee cannot fastened with the liability