M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU
In the result, appeals filed by the assessee are partly allowed
ITA 24/BANG/2024[2016-17]Status: DisposedITAT Bangalore31 Oct 2025AY 2016-17
Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey
For Appellant: Shri. A. Shankar, Sr. AdvocateFor Respondent: Shri. K. M. Mahesh, CIT(DR)(ITAT), Bangalore
Section 153ASection 234ASection 250
ground that:- i.
The search initiated in the case of the appellant is illegal and ultra vires the provisions of section 132(1)(a), (b) & (c) of the Act; ii.
That the search is conducted not on the basis of any prior information or material inducing any belief but purely ... learned assessing officer has not discharged the burden of proving that there is a valid search under section 132 (1)
(a), (b) & (c) of the Act, and consequently the assumption of jurisdiction to make an assessment under section 153A of the Act is untenable in law.
iv.
The learned assessing