SHRI. MUNINAGA REDDY vs. THE ASST. COMMISSIONER OF INCOME -TAX CIRCLE 6 (1)

Appeals are allowed to the aforesaid extent

Bench: ARAVIND KUMAR,JAYANT PATEL

reassessment in pursuance of which penalty is levied, 15 cannot be the subject matter of penalty proceedings. The assessment or reassessment

THE COMMISSIONER OF INCOME TAX vs. M/S MWP LTD

Bench: N.KUMAR,RATHNAKALA

reassessment and the said order contains a direction for initiation of penalty proceedings under clause (c) of sub-Section (1), such

SRI SAIDEEPA JEWELLARY WORKS vs. ASST COMMISSIONER OF COMMERCIAL TAXES(AUDIT)-2

Bench: The Hon'Ble Mr.Justice Ram Mohan Reddy

reassessment under sub-section (1) of Section 39 of the Act, levying penalty and interest under sub-section (2) of Section

THE PR.COMMISSIONER OF INCOME-TAX, vs. M/S CAE SIMULATION TECHNOLOGIES PVT LTD

Appeals are dismissed and

Bench: S.SUJATHA,VINEET KOTHARI

penalty and interest payable under the respective taxing statutes subject to compliance of certain conditions as stipulated in the Scheme. The relief was sought to be provided:- (a) Relating to the assessment or reassessment

THE STATE OF KARNATAKA vs. M/S. WS RETAIL SERVICES PRIVATE LIMITED

Appeals are dismissed and

Bench: ABHAY SHREENIWAS OKA (CJ),S SUNIL DUTT YADAV

penalty and interest payable under the respective taxing statutes subject to compliance of certain conditions as stipulated in the Scheme. The relief was sought to be provided:- (a) Relating to the assessment or reassessment

M/S INVENGER TECHNOLOGIES PRIVATE LIMITED vs. THE JOINT COMMISSIONER OF COMMERCIAL TAXES

Bench: The Hon’Ble Mr.Justice Raghvendra S. Chauhan

reassessed the total and taxable turnover of the petitioner for the period March 2012, as Rs.19,35,48,387/-, and also levied penalty

M/S MANYATA PROMOTERS PVT LTD vs. STATE OF KARNATAKA

In the result, the writ petition is rejected

Bench: The Hon’Ble Mr.Justice L Narayana Swamy Writ Petition No.56279 Of 2015 (Lb-Bbmp) Between: M/S.Manyata Promoters Pvt. Ltd., A Company Incorporated Under The Companies Act, 1956 & Having Its Office At First Floor, Classic Court No.9/1, Richmond Road, Bangalore 560 025 Represented By Its Authorized Signatory, Mr.B S Mohan.

reassess the building. (8) The petitioner was served with demand notice for difference of tax which resulted in evasion of property tax and thus demand was made u/s 108A (13) of the Act including interest and penalty

THE COMMISSIONER OF INCOME TAX vs. SAMAJA SEVA MANDALI

Bench: S.G.PANDIT,K. V. ARAVIND

penalty proceedings arising out of the same would not be maintainable. 5. In view of the remand order and in view of the dismissal of the appeal filed against the remand for - 4 - HC-KAR NC: 2025:KHC:38176-DB ITA No. 237 of 2024 reassessment

THE COMMISSIONER OF INCOME TAX vs. M/S MAKINO ASIA PVT LTD

Bench: B.MANOHAR,DILIP B.BHOSALE

reassessment for A.Y.98-99 vide its 10 subsequent letter and the claim for set off of loss of A.Y.98-99 was based on its return as well as original intimation which had not been rectified. Having regard to the facts of the case, I do not see any justification for levy of penalty

M/S MYSORE POLYMERS & RUBBER PRODUCTS LTD vs. THE COMMISSIONER OF COMMERCIAL TAXES

In the result, writ appeal No

Bench: D.V.SHYLENDRA KUMAR,B.S.INDRAKALA

reassessment order on 29.7.2004, holding that the assessee is liable to pay resale tax under Section 6-B and accordingly, brought to tax that part of the turnover of the assessee which was liable to tax under Section 6-B and in view of the non-disclosure in the earlier returns about the liability under Section 6-B levied penalty

M/S KARNATAKA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD vs. THE DEPUTY COMMISSIONER OF INCOME TAX

The appeal is allowed and the impugned

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

Reassessing Officer [the Prescribed Authority] has refused the ITC on both these grounds. 4. On the ITC claimed by the appellant for the supplies by the Supplying Dealer, the Prescribed Authority has recorded that in the absence of evidence to show that the Supplying Dealer has remitted the tax collected from it, the appellant will not be entitled

THE COMMISSIONER OF INCOME TAX vs. M/S.MILLENNIA DEVELOPERS (P) LTD

Bench: The Hon'Ble Mr. Justice Ravi Malimath

reassessment under section 147(b) may be made out. Avoidance of tax liability by so arranging commercial affairs that charge of tax is distributed is not prohibited. A taxpayer may resort to a device to divert the income before it accrues or arises to him. 16 Effectiveness of the device depends not upon considerations or morality, but on the operation

THE COMMISSIONER OF INCOME TAX vs. M/S.MILLENNIA DEVELOPERS (P) LTD

Bench: The Hon'Ble Mr. Justice Ravi Malimath

reassessment under section 147(b) may be made out. Avoidance of tax liability by so arranging commercial affairs that charge of tax is distributed is not prohibited. A taxpayer may resort to a device to divert the income before it accrues or arises to him. 16 Effectiveness of the device depends not upon considerations or morality, but on the operation

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

reassess” to completed assessment proceedings. (vi) Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each assessment year on the basis of the - 66 - finding of the search and any other material existing or brought on record

THE COMMISIONER 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

reassess” to completed assessment proceedings. (vi) Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each assessment year on the basis of the - 66 - finding of the search and any other material existing or brought on record

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

reassess” to completed assessment proceedings. (vi) Insofar as pending assessments are concerned, the jurisdiction to make the original assessment and the assessment under Section 153A merges into one. Only one assessment shall be made separately for each assessment year on the basis of the - 66 - finding of the search and any other material existing or brought on record

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

Bench: K.SOMASHEKAR,UMESH M ADIGA

reassessment under Section 147 read with Section 144 by bringing to tax all the income which formed part of 6 total income under the original assessment order passed. However, it was noticed that though the assessment proceedings was initiated by issue of notice under Section 143(2), The Tribunal vide said order also knocked down the assessment proceedings completed under

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

Bench: K.SOMASHEKAR,UMESH M ADIGA

reassessment under Section 147 read with Section 144 by bringing to tax all the income which formed part of 5 total income under the original assessment order passed. However, it was noticed that though the assessment proceedings was initiated by issue of notice under Section 143(2), The Tribunal vide said order also knocked down the assessment proceedings completed under