WIPRO LIMITED vs. THE JOINT COMMISSIONER OF INCOME TAX

Bench: The Hon’Ble Mr. Justice Krishna S.Dixit Writ Petition No.20040/2019 (T-It) Between:

reassessment in terms of Section 153(2); it would simply mean that the orders of the higher forum are to be applied & followed by the assessing officer; . it may be borne in mind that longer time limits are provided in Section 153(3) & second proviso to Section 153(5) because it may entail doing the entire process once over

DEPA INDIA PRIVATE LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

M/S INDIA MOTOR PARTS & ACCESSORIES LTD vs. THE DEPUTY COMMISSIONER OF

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

SONAL APPAREL PRIVATE LTD., vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

INGRAM MICRO INDIA PVT.LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

ACE DESIGNERS LIMITED vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

KAVERI PLASTO CONTAINERS PVT LTD vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

INGRAM MICRO INDIA PVT. LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

reassessment orders from the end of 2014 denying input tax claimed by dealers to the extent it was availed 27 in a month other than the month in which the purchase invoices were raised. Thereafter, apparently, realising the Revenue’s folly, the Legislature substituted Section 10(3) vide the Karnataka Value Added Tax (Amendment) Act, 2015, (“the 2015 KVAT Amendment

THE PR. COMMISSIONER OF INCOME TAX vs. M/S BIOPLUS LIFE SCIENCES PVT LTD

In the result, I pass the following:-

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar Writ Petition No.1014 Of 2017 (T-Kst) Between: M/S. Rainbow Colour Lab, No.13, D.J.C. Complex, Hudson Circle, Bengaluru – 560 027. A Partnership Firm Represented By Its Partner Sri.G.K.Madan Mohan, Aged About 62 Years, S/O Sri.G.V.Krishna Reddy. ...Petitioner (By Sri. M.Thirumalesh, Advocate ) And: 1. State Of Karnataka

reassessment of any person other than the assessee after the expiry of the period of - 33 - limitation specified in Section 34 in consequence of or to give effect to a finding or direction given in an appeal, revision or reference arising out of the proceeding in relation to the assessee violated the provisions of Article 14 of the Constitution

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

35 original assessment order dated 28.06.2016 was passed by him. It is significant to note that at the time of passing the said order dated 28.06.2016, the A.O. came to the definite conclusion that Section 56(2)(vii)(c) did not apply insofar as the petitioner was concerned despite having all details, information and material in this regard that

M/S T T K PRESTIGE LTD vs. THE DEPUTY COMMISSIONER OF INCOME TAX

Bench: The Hon’Ble Mrs.Justice S.Sujatha

3) Reassessment proceedings will be invalid in case an issue or query is raised and answered by the assessee in original assessment proceedings but thereafter the Assessing Officer does not make any addition in the assessment order. In such situations it should be accepted that the issue was examined but the Assessing Officer did not find any ground or reason

THE PR. COMMISIONER INCOME TAX vs. M/S. GMR INFRASTRUCTURE LTD

Appeals stand disposed of accordingly

Bench: S.SUJATHA,RAVI V HOSMANI

35 - Section 153A of the Act provides that if any proceeding or any order of assessment or reassessment made under sub-Section (1) is annulled in appeal or any other legal provision, then the assessment or reassessment relating to any assessment year which had abated under the second proviso would stand revived. The proviso thereto says that such revival shall

PR COMMISSIONER OF vs. M/S GMR HYDERABAD

Appeals stand disposed of accordingly

Bench: S.SUJATHA,RAVI V HOSMANI

35 - Section 153A of the Act provides that if any proceeding or any order of assessment or reassessment made under sub-Section (1) is annulled in appeal or any other legal provision, then the assessment or reassessment relating to any assessment year which had abated under the second proviso would stand revived. The proviso thereto says that such revival shall

PR COMMISSIONER OF vs. M/S GMR HYDERABAD

Appeals stand disposed of accordingly

Bench: S.SUJATHA,RAVI V HOSMANI

35 - Section 153A of the Act provides that if any proceeding or any order of assessment or reassessment made under sub-Section (1) is annulled in appeal or any other legal provision, then the assessment or reassessment relating to any assessment year which had abated under the second proviso would stand revived. The proviso thereto says that such revival shall

PR COMMISSIONER OF vs. M/S GMR HYDERABAD

Appeals stand disposed of accordingly

Bench: S.SUJATHA,RAVI V HOSMANI

35 - Section 153A of the Act provides that if any proceeding or any order of assessment or reassessment made under sub-Section (1) is annulled in appeal or any other legal provision, then the assessment or reassessment relating to any assessment year which had abated under the second proviso would stand revived. The proviso thereto says that such revival shall

THE PR. COMMISIONER OF INCOME TAX vs. M/S. GMR INFRASTRUCTURE LTD

Appeals stand disposed of accordingly

Bench: S.SUJATHA,RAVI V HOSMANI

35 - Section 153A of the Act provides that if any proceeding or any order of assessment or reassessment made under sub-Section (1) is annulled in appeal or any other legal provision, then the assessment or reassessment relating to any assessment year which had abated under the second proviso would stand revived. The proviso thereto says that such revival shall