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

1)\nSri K. Mohammed Haris, Director of M/s Mukka Sea\nFood Industries Pvt. Ltd., a working Director of the\ncompany, in the statement recorded u/s 132(4) of the\nAct, in reply to Q.No.24 agreed that these are bogus\nentries in books.\n(2)\nSo, when ‘NO PURCHASE” was made, obviously there\nwas “NO SALE”. So, there

M/S. CONCORDE HOUSING CORPORATION PRIVATE LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BENGALURU

In the result, appeal of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

d. The penalty proceedings are not automatic but independent proceedings than that of assessment proceedings; burden of proof was not discharged by the Ld. AO and no independent enquiry was made. e. Tangible materials were not brought to record during the scrutiny proceedings and more importantly in the penalty proceedings to hold that the Appellant had concealed the particulars

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

d) due to being its dangers nature.\n\n74. Therefore, the law recognizes such a situation and has provided a remedy\nto tackle such problems. The authorised officer has been given a discretion for\nthe reasons to be recorded in writing to pass a restraint order in respect of the\narticles, books and other material which he could not take

INCOME TAX OFFICER, WARD - 3(2)(3), BANGALORE vs. SRI MADE GOWDA THIBBE GOWDA, BANGALORE

In the result, the appeal of the revenue is dismissed and CO of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2008-09

Purchaser of the property on behalf of whom the assessee rendered various services to various properties in and around Bangalore and received Rs.2.55 crores as brokerage/commission which was not disclosed to the department. This information came to the knowledge of the department in the course of search action on K.G. Krishna on 5.11.2012 on information from DDIT(Inv), Unit 1

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

d) due to being its dangers nature.\n74. Therefore, the law recognizes such a situation and has provided a remedy\nto tackle such problems. The authorised officer has been given a discretion for\nthe reasons to be recorded in writing to pass a restraint order in respect of the\narticles, books and other material which he could not take physical

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

1)\nSri K. Mohammed Haris, Director of M/s Mukka Sea\nFood Industries Pvt. Ltd. , a working Director of the\ncompany, in the statement recorded u/s 132(4) of the\nAct, in reply to Q.No.24 agreed that these are bogus\nentries in books.\n(2)\nSo, when ‘NO PURCHASE” was made, obviously there\nwas “NO SALE”. So, there

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

D-22 of Annexure A-18, the deletion of Rs. ITA Nos.500 TO 506/Bang/2020 Page 24 of 183 5,95,900/- and Rs.11,17,596/- from undisclosed income cannot be held to be unjustified. 40. The ld. AR submitted that the ld. AO himself stated at page 177 of the order as to when documents can be called as ‘dumb

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

D-22 of Annexure A-18, the deletion of Rs. ITA Nos.500 TO 506/Bang/2020 Page 24 of 183 5,95,900/- and Rs.11,17,596/- from undisclosed income cannot be held to be unjustified. 40. The ld. AR submitted that the ld. AO himself stated at page 177 of the order as to when documents can be called as ‘dumb

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

D-22 of Annexure A-18, the deletion of Rs. ITA Nos.500 TO 506/Bang/2020 Page 24 of 183 5,95,900/- and Rs.11,17,596/- from undisclosed income cannot be held to be unjustified. 40. The ld. AR submitted that the ld. AO himself stated at page 177 of the order as to when documents can be called as ‘dumb

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

D-22 of Annexure A-18, the deletion of Rs. ITA Nos.500 TO 506/Bang/2020 Page 24 of 183 5,95,900/- and Rs.11,17,596/- from undisclosed income cannot be held to be unjustified. 40. The ld. AR submitted that the ld. AO himself stated at page 177 of the order as to when documents can be called as ‘dumb

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

D-22 of Annexure A-18, the deletion of Rs. ITA Nos.500 TO 506/Bang/2020 Page 24 of 183 5,95,900/- and Rs.11,17,596/- from undisclosed income cannot be held to be unjustified. 40. The ld. AR submitted that the ld. AO himself stated at page 177 of the order as to when documents can be called as ‘dumb

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

D-22 of Annexure A-18, the deletion of Rs. ITA Nos.500 TO 506/Bang/2020 Page 24 of 183 5,95,900/- and Rs.11,17,596/- from undisclosed income cannot be held to be unjustified. 40. The ld. AR submitted that the ld. AO himself stated at page 177 of the order as to when documents can be called as ‘dumb

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

D-22 of Annexure A-18, the deletion of Rs. ITA Nos.500 TO 506/Bang/2020 Page 24 of 183 5,95,900/- and Rs.11,17,596/- from undisclosed income cannot be held to be unjustified. 40. The ld. AR submitted that the ld. AO himself stated at page 177 of the order as to when documents can be called as ‘dumb

M/S. VIJAYANAGAR EDUCATIONAL TRUST,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), BENGALURU

In the result appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2019-20

purchase of property, however, the said loan was never transferred to the trust and therefore this transaction was for the personal benefit of the trustee, hence it violates the provisions of section 13(1)(d) of the Act. The ld. The ld. CIT(E) relied on the decision of the Hon’ble Supreme Court in the case of Director