THE COMMISSIONER OF INCOME-TAX vs. M/S. IBC KNOWLEDGE PARK PVT. LTD.,

In the result, the appeals filed by the Revenue

Bench: B.V.NAGARATHNA,JAYANT PATEL

undisclosed income? - 9 - 4. The appeals filed by the Revenue raise the following substantial questions of law and were admitted on 28/5/2010 and 3/8/2015: “(i) Whether the Appellate Authorities were correct in holding that separate depreciation is allowable in respect of ‘Electrical installations, elevators, DG set’ installed in building which has been let- out and the assessee is receiving rental

PR. COMMISSIONER OF INCOME TAX vs. SMT. G. LAKSHMI ARUNA

Bench: K.SOMASHEKAR,UMESH M ADIGA

capital gains earned thereon had not been declared for tax. Accordingly, a sum of Rs.5,25,000/- was brought to tax. 15. Further at paragraph 8 of the order relating to bogus transportation expenses claimed for the assessment years 2009- 10 and 2010-11, the assessing officer has brought on record that the appellant has claimed transportation expenses

PR. COMMISSIONER OF INCOME TAX vs. SHRI. GALI JANARDHANA REDDY

Bench: K.SOMASHEKAR,UMESH M ADIGA

capital gains earned thereon had not been declared for tax. Accordingly, a sum of Rs.5,25,000/- was brought to tax. 14.Further at paragraph 8 of the order relating to bogus transportation expenses claimed for the assessment years 2009- 10 and 2010-11, the assessing officer has brought on record that the appellant has claimed transportation expenses for the years

THE COMMISSIONER OF INCOME TAX vs. M/S.GAYATHRI ENTERPRISES

Bench: B.MANOHAR,D.V.SHYLENDRA KUMAR

undisclosed income for the block period 1.4.1988 up to 22.7.1998 in view of certain transfer of the assets of the respondent – assessee that such transfer had taken place as on 1.6.1992 and therefore the respondent – assessee which is otherwise liable to pay tax on the income by way of capital gain

DR SYED ANWAR vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

Appeal is allowed

Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA

undisclosed amount given as 'on-money' to the sellers. 11. In Assistant Commissioner of Income-Tax -vs- Hotel Blue Moon2, it is held that the assessment for the 2 (2010) 188 Taxman 113 - 10 - ITA.421/2014 block period can only be done on the basis of evidence found as a result of search or requisition of books of account or documents

THE PR COMMISSIONER OF vs. M/S MPHASIS LIMITED

Bench: The Hon'Ble Mr. Justice M. Nagaprasanna

undisclosed income or property), then,— (A) the [Principal Director General or Director General] or Director or the [Principal Chief Commissioner or Chief Commissioner] or [Principal Commissioner or Commissioner], as the case may be, may authorise any [Additional Director or Additional Commissioner or] Joint Director, Joint Commissioner, Assistant Director or Deputy Director, Assistant Commissioner or Deputy Commissioner or Income Tax Officer

THE PR COMMISSIONER OF INCOME TAX vs. M/S ATRIA WIND (KADAMBUR) PVT LTD

Bench: CHIEF JUSTICE,C M JOSHI

capital gains, was not available. 3. The assessee controverted the said contention and had asserted that all conditions as specified in Section 47 (xiii) of the Act were duly complied with. And, appealed the re-assessment order. However, the CIT(A) had rejected the assessee's appeal. This led the assessee to file an appeal before the learned ITAT

COMMISSIONER OF INCOME TAX (CENTRAL) vs. M/S. BAGMANE DEVELOPERS PVT LTD

Appeal is dismissed

Bench: S.N.SATYANARAYANA,JAYANT PATEL

undisclosed income and not on such issues which have become final in regular assessments? (E) Whether under the facts and circumstances of the case, the tribunal was right in law in allowing assessee’s claim as regards sale of land to be treated as capital gains

M/S FIDELITY BUSINESS SERVICES INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: S.SUJATHA,VINEET KOTHARI

undisclosed income in the hands of the Assessee under Section 68 of the Act and the learned Tribunal on an appeal though held that the additions in the hands of the Assessee under Section 68 of the Act could not be sustained but, the Tribunal proceeded to add the aforesaid amounts as unexplained income of the Assessee under Section

COMMISSIONER OF INCOME TAX vs. S.PARVATHI MADHAVA

The appeals are allowed

Bench: N.KUMAR,H.S.KEMPANNA

undisclosed income. The said search is illegal and without jurisdiction. Therefore, he wanted the entire proceedings be dropped. 7. Anyhow, he filed the very same return under protest. As he did not pay the taxes due on the income return filed earlier, he made payment of tax due and enclosed a challan showing the payment. As per the request

COMMISSIONER OF INCOME TAX vs. S.MADHAVA, M/S BELLARY STEEL ROLING MILLS,

The appeals are allowed

Bench: N.KUMAR,H.S.KEMPANNA

undisclosed income. The said search is illegal and without jurisdiction. Therefore, he wanted the entire proceedings be dropped. 7. Anyhow, he filed the very same return under protest. As he did not pay the taxes due on the income return filed earlier, he made payment of tax due and enclosed a challan showing the payment. As per the request

COMMISSIONER OF INCOME TAX vs. S.MADHAVA, M/S BELLARY STEEL ROLING MILLS,

The appeals are allowed

Bench: N.KUMAR,H.S.KEMPANNA

undisclosed income. The said search is illegal and without jurisdiction. Therefore, he wanted the entire proceedings be dropped. 7. Anyhow, he filed the very same return under protest. As he did not pay the taxes due on the income return filed earlier, he made payment of tax due and enclosed a challan showing the payment. As per the request

COMMISSIONER OF INCOME TAX vs. S.MADHAVA (HUF)

The appeals are allowed

Bench: N.KUMAR,H.S.KEMPANNA

undisclosed income. The said search is illegal and without jurisdiction. Therefore, he wanted the entire proceedings be dropped. 7. Anyhow, he filed the very same return under protest. As he did not pay the taxes due on the income return filed earlier, he made payment of tax due and enclosed a challan showing the payment. As per the request

COMMISSIONER OF INCOME TAX vs. S.MADHAVA (HUF)

The appeals are allowed

Bench: N.KUMAR,H.S.KEMPANNA

undisclosed income. The said search is illegal and without jurisdiction. Therefore, he wanted the entire proceedings be dropped. 7. Anyhow, he filed the very same return under protest. As he did not pay the taxes due on the income return filed earlier, he made payment of tax due and enclosed a challan showing the payment. As per the request

SRI A NARAYANASWAMY vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA

capital gains were computed based on the said agreement? 2. Heard Smt. H. Vani, learned Advocate for the Assessee and Shri. K.V. Aravind, learned Senior Standing Counsel for the Revenue. 3. Brief facts of the case are, a search under Section 132 of the Income Tax Act, 19612 was conducted on 02.11.2001 and thereafter, a Notice dated 06.03.2002 under Section

AZIM PREMJI TRUSTEE COMPANY PVT LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

undisclosed income had escaped assessment on account of the petitioner – assessee not disclosing fully and truly all material facts during the course of the original assessment. 39 11. The power / jurisdiction of the respondents – revenue to reopen assessments under Section 147 of the I.T.Act 1961, beyond the prescribed period of limitation on the ground that there were “income had escaped

SMT P AMMANI vs. THE DEPUTYCOMMISSIONER OF INCOME TAX

The appeal is allowed

Bench: The Hon'Ble Mr. Justice Ravi Malimath

undisclosed income in the hands of the appellant. Pursuant to the receipt of the material, a notice was issued under Section 158 BD of the Income Tax Act calling upon the appellant to file her return. The return was accordingly filed. The assessing officer computed capital gains

M/S T T K PRESTIGE LTD vs. THE UNION OF INDIA REPTD BY ITS FINANCE SECRETARY

Bench: The Hon’Ble Mr.Justice P.B. Bajanthri W.P. No.26037/2005 C/W W.P.No.4464/2007 & W.P.No.27087/2005(It)

undisclosed and unknown reasons for subjecting certain individuals or corporations to hostile or discriminating legislation. The above principles will have to be constantly borne in mind by the Court when it is called upon to adjudge the constitutionality of any particular law attacked as discriminatory and violative of the equal protection of the laws”. 19. Learned counsel for the petitioners