M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

M/S. MUKKA PROTEINS LIMITED (FORMERLY KNOW AS MUKKA SEA FOOD INDUSTRIES LTD., ),MANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, appeals of the assessee in ITA Nos

bogus.\n5.25 Further, similar issue came for consideration before the\nHon'ble Supreme Court in the case of CIT Vs. S. Khadar Khan &\nSons (352 ITR 480) (SC). In that case, a survey was conducted\nin the premises of the assessee-firm. One of the partners in his\nstatement offered an additional income of Rs. 20 lakhs

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchase of Rs.61.40 lakhs. The Commissioner (Appeals) found that though the purchases were not made from the parties from whom the assessee claimed, there was complete quantitative tally of the materials ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore Page 44 of 51 purchased and sold. He was of the view that such materials were purchased from

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchase of Rs.61.40 lakhs. The Commissioner (Appeals) found that though the purchases were not made from the parties from whom the assessee claimed, there was complete quantitative tally of the materials ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore Page 44 of 51 purchased and sold. He was of the view that such materials were purchased from

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchase of Rs.61.40 lakhs. The Commissioner (Appeals) found that though the purchases were not made from the parties from whom the assessee claimed, there was complete quantitative tally of the materials ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore Page 44 of 51 purchased and sold. He was of the view that such materials were purchased from

M/S. SPR SPIRITS PRIVATE LIMITED (FORMERLY KNOWN AS SPR GROUP HOLDINGS PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

purchase of Rs.61.40 lakhs. The Commissioner (Appeals) found that though the purchases were not made from the parties from whom the assessee claimed, there was complete quantitative tally of the materials ITA Nos.131 to 134/Bang/2023, M/s. SPR Spirits Pvt. Ltd., Bangalore Page 44 of 51 purchased and sold. He was of the view that such materials were purchased from

GAUGE 16 KITCHEN EQUIPMENTS,BANGALORE vs. INCOME TAX OFFICER WARD 5(2)(4), BANGALORE

In the result, appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2018-19

Bogus purchase entries of Rs.50,35,980/- thereby reducing its tax liability. The modus operandi adopted was that the fictitious bills/invoices were generated along with E-way bills and vehicle details without actual movement of goods or services. The purchase proceeds were routed through the bank channels. The payment of sale proceeds were routed through layering and after deducting

M/S. DREAM LOGISTICS COMPANY LIMITED ,YALLAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1) , BANGALORE

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year: 2011-12

purchases as bogus and came to the conclusion that the assessee had wrongly claimed the expenditure and therefore, the same is not eligible for deduction

A.M ENTERPRISES,BENGALURU vs. INCOME-TAX OFFICER, WARD-6(2)(1), BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadavassessment Years: 2018-19

bogus and added it to the total income of the assessee. 6. Aggrieved, the assessee preferred an appeal to the learned CIT(A). The assessee reiterated the submissions made during the assessment proceedings before the CIT(A). However, the learned CIT(A) . Page 3 of 6 upheld the order of the AO, further observing that no evidence was submitted

SWAMY HOLAGUNDI,HUVINA HADAGALI vs. INCOME TAX OFFICER, WARD-1 & TPS, HOSPET

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2018-19 Swamy Holagundi Prop: Raviteja Traders 7C/10, 3Rd Ward Ito Bangarappanagar Vs. Ward-1 & Tps Karnataka 583 219 Hospet Pan: Dwjps7047P Appellant Respondent Appellant By : Sri V. Srinivasan, Advocate, A.R Respondent By : Sri Subramanian S., Jcit D.R. Date Of Hearing : 08.05.2025 Date Of Pronouncement : 05.08.2025 O R D E R Per Keshav Dubey: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Ld. Cit(A)/Nfac Dated 19.07.2024Vide Din & Order No. Itba/Nfac/S/250/2-24-25/1066829871(1) Passed U/S.250 Of The Income Tax Act, 1961 (In Short “The Act”) For The Assessment Year 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: -

bogus purchases of Rs. 8,07,30,850/- to be the income of the assessee is ill-founded. The Ld. CIT(A)/NFAC relying on the decision of the Hon’ble High Court of Bombay in the case of PCIT vs. Hitesh Mody (HUF) reported in [2024] 160 taxmann.com 110 (Bombay) found that the Swamy Holagundi Page

DRESS CODE ,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Prashant Maharishiassessment Year : 2018-19

bogus and addition was made to the total income determining at Rs.23,37,492 by assessment order passed u/s. 143(3) r.w.s. 144B of the Act dated 12.3.2021. 5. The assessee preferred appeal before the ld. CIT(A) wherein assessee submitted the details with respect to the purchases. The assessee also contested various findings of the ld. O. Based

AMRUTHA CONSTRUCTIONS PRIVATE LIMITED,SANJAYANAGAR vs. DCIT CENTRAL CIRCLE 2(2) , BANGALORE

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

purchases. Therefore, in the absence of any finding, the inference drawn by the AO that labour expenses incurred in cash are of personal nature or payment to government official is unjustified. 16. On the other hand, the learned DR filed the written submission supported by the report of the AO. The learned DR before us contended that there were found

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST ,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL , BANGALORE

purchase party returns back the cash to RECT against the payment received by\nit after deducting GST due and some commission. However, in her reply submitted vide letter\nPage 11 of 16\nITA Nos.2106 to 2109/Bang/2024\nPage 15 of 81\ndated 20.12.2022 she has retracted her statement fully on the issue of bogus

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL , BENGALURU

purchase party returns back the cash to RECT against the payment received by\nit after deducting GST due and some commission. However, in her reply submitted vide letter\nPage 15 of 81\nITA Nos.2106 to 2109/Bang/2024\ndated 20.12.2022 she has retracted her statement fully on the issue of bogus

M/S. RUKMINI EDUCATIONAL CHARITABLE TRUST ,BENGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL , BENGALURU

purchase party returns back the cash to RECT against the payment received by\nit after deducting GST due and some commission. However, in her reply submitted vide letter\ndated 20.12.2022 she has retracted her statement fully on the issue of bogus