M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(2), BENGALURU

In the result, appeals filed by the assessee are partly allowed

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

153A of the Act, assessee filed return on 30.03.2019 and declared income as stated in the ITA Nos.21 to 26/Bang/2024 Page 20 of 47 above table. Thereafter, notice under section 143(2) of the Act was issued to the assessee on 17.03.2019. Subsequently, other statutory notices were issued to the assessee. During the course of search proceedings in the office

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

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Keshav Dubey

bogus purchase made under section 2013-14 1,33,73,054/- 143(3) r.w.s. 153A 2014-15 91,92,537/- -do- 2015-16 2,22,01,100/- -do- 2016-17 1

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

1) of the Act and in response to notice under section\n153A of the Act, income offered are as under:\n\n| Assessment\n| As per R/I\n| As per Order | As per R/I | Addition | Assessed\nYear\nunder section\n139 (in Rs.)\nunder section\n143(3) (in\nRs.)\nunder section\n153A (in Rs.\nmade\nincome as\nper 143(3)\nr.w.s.153A

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

1) of the Act and in response to notice under section\n153A of the Act, income offered are as under:\n\nAssessment\nYear\nAs per R/I\nunder section\n139 (in Rs.)\nAs per Order\nunder section\n143(3) (in\nRs.)\nAs per R/I\nunder section\n153A (in Rs.\nAddition\nmade\nAssessed\nincome as\nper 143(3)\nr.w.s.153A

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

In the result, appeals filed by the assessee are partly allowed

153A of the\nAct, assessee filed return on 30.03.2019 and declared income as stated in the\n\nPage 19 of 47\nITA Nos.21 to 26/Bang/2024\nabove table. Thereafter, notice under section 143(2) of the Act was issued to\nthe assessee on 17.03.2019. Subsequently, other statutory notices were issued\nto the assessee. During the course of search proceedings

M/S. S. RAMASHANDRA SETTY & SONS,HASSAN vs. INCOME TAX OFFICER, WARD-1 , HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, VIJAYANAGAR vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER, W-1, HASSAN vs. RAMACHANDRA SETTY & SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER WARD-1 HASSAN, HASSAN vs. RAMACHANDRA SETTY AND SONGS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

INCOME TAX OFFICER W 1, HASSAN vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 34 of the Act that entries in the books of ITA Nos.1156 & 1163 to 1166/Bang/2023 M/s. S. Ramachandra Setty & Sons, Hassan Page 52 of 104 account regularly kept in the course of business are relevant whenever they refer to a matter in which the Court has to enquire was subject to the salient proviso that such entries shall

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

153A is a curable defect under section 292BB of the Act under the facts & circumstances of the case. c) The learned CIT(A) failed to appreciate that the jurisdictional defects cannot be cured under section 292BB of the Act and thus the assessment completed under section 153C of the Act ought to have been quashed under the facts & circumstances

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

153A is a curable defect under section 292BB of the Act under the facts & circumstances of the case. c) The learned CIT(A) failed to appreciate that the jurisdictional defects cannot be cured under section 292BB of the Act and thus the assessment completed under section 153C of the Act ought to have been quashed under the facts & circumstances

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

153A is a curable defect under section 292BB of the Act under the facts & circumstances of the case. c) The learned CIT(A) failed to appreciate that the jurisdictional defects cannot be cured under section 292BB of the Act and thus the assessment completed under section 153C of the Act ought to have been quashed under the facts & circumstances

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

section 132A. 50.3 Applicability-These\namendments will take effect from the 1st day of June, 2007.\"\n\n6.2 From the perusal of the section 153D of the Act read with the CBDT\nCircular No. 3 of 2008, dated 12-3-2008, the legislative intent can be gathered\nso far as that the legislature in its highest wisdom made it compulsory

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

Section\n153D. It is not an exercise dealing with a immaterial matter which\ncould be corrected by taking recourse to Section 292B of the Act.\n16. We are not inclined to interdict the order of the Tribunal.\n17. Accordingly, the appeal is closed.\n6.5 The above view taken by the Hon’ble Delhi High Court in the case of PCIT

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

153A\nis a curable defect under section 292BB of the Act under\nthe facts & circumstances of the case.\nc) The learned CIT(A) failed to appreciate that the\njurisdictional defects cannot be cured under section\n292BB of the Act and thus the assessment completed under\nsection 153C of the Act ought to have been quashed under\nthe facts & circumstances

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

153A. As no incriminating documents were found during the course of search, therefore, Explanation 5A to section 271 (l)(c) is not applicable. Accordingly, the penalty was to be deleted.” 5.6 This was also supported by the order of the Jaipur Bench in the case of Smt. Indira Agarwal in ITA No.1444/JP/2018 dated 22.3.2019 wherein held as under

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