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

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

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 officer failed to appreciate that a valid search is a sine qua non for making a valid assessment under section 153A of the Act on the parity of the ratio

M/S SPR SPIRITS PVT.LTD. ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1 (3) , BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

1. The order of the Learned Assessing Officer (‘LAO’) and Hon’ble Commissioner of Income tax (Appeals) (‘Ld. CIT(A)’) is opposed to law and general principles of natural justice as applicable to quasi judicial proceedings. 2. The order of the LAO and Ld. CIT(A) is bad in law and against the provisions of section 153A, since amongst others

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, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

1. The order of the Learned Assessing Officer (‘LAO’) and Hon’ble Commissioner of Income tax (Appeals) (‘Ld. CIT(A)’) is opposed to law and general principles of natural justice as applicable to quasi judicial proceedings. 2. The order of the LAO and Ld. CIT(A) is bad in law and against the provisions of section 153A, since amongst others

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1 (3) , BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

1. The order of the Learned Assessing Officer (‘LAO’) and Hon’ble Commissioner of Income tax (Appeals) (‘Ld. CIT(A)’) is opposed to law and general principles of natural justice as applicable to quasi judicial proceedings. 2. The order of the LAO and Ld. CIT(A) is bad in law and against the provisions of section 153A, since amongst others

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -1 (3) , BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

1. The order of the Learned Assessing Officer (‘LAO’) and Hon’ble Commissioner of Income tax (Appeals) (‘Ld. CIT(A)’) is opposed to law and general principles of natural justice as applicable to quasi judicial proceedings. 2. The order of the LAO and Ld. CIT(A) is bad in law and against the provisions of section 153A, since amongst others

M/S SPR SPIRITS PVT. LTD.,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 (3), BENGALURU

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

1. The order of the Learned Assessing Officer (‘LAO’) and Hon’ble Commissioner of Income tax (Appeals) (‘Ld. CIT(A)’) is opposed to law and general principles of natural justice as applicable to quasi judicial proceedings. 2. The order of the LAO and Ld. CIT(A) is bad in law and against the provisions of section 153A, since amongst others

DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE- 1(3), BANGALORE vs. SHRI. T. NADAKRISHNA, BANGALORE

In the result, assessee’s appeal in ITA No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

1. The order of the Learned Assessing Officer (‘LAO’) and Hon’ble Commissioner of Income tax (Appeals) (‘Ld. CIT(A)’) is opposed to law and general principles of natural justice as applicable to quasi judicial proceedings. 2. The order of the LAO and Ld. CIT(A) is bad in law and against the provisions of section 153A, since amongst others

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

b)\n& (c) of the Act, and consequently the assumption of jurisdiction\nto make an assessment under section 153A of the Act is\nuntenable in law.\niv.\nThe learned assessing officer failed to appreciate that a valid\nsearch is a sine qua non for making a valid assessment under\nsection 153A of the Act on the parity of the ratio

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

b)\n& (c) of the Act, and consequently the assumption of jurisdiction\nto make an assessment under section 153A of the Act is\nuntenable in law.\n\niv.\nThe learned assessing officer failed to appreciate that a valid\nsearch is a sine qua non for making a valid assessment under\nsection 153A of the Act on the parity

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

b)\n& (c) of the Act, and consequently the assumption of jurisdiction\nto make an assessment under section 153A of the Act is\nuntenable in law.\n\niv.\nThe learned assessing officer failed to appreciate that a valid\nsearch is a sine qua non for making a valid assessment under\nsection 153A of the Act on the parity

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

1,33,73,054 3.5.2 In this connection it may be noted that during the search proceedings we were asked to substantiate the purchases of fish made from various parties. However, on the date of search we could not readily produce the necessary confirmations from the parties for the purchases made by us. It may be noted that the purchases

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 B B JEWELLERS AND FINANCE PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4), BANGALORE

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

Bench: Shri A. K. Garodia & Smt. Beena Pillai

153A of the Act did not exist, or having not been complied with and consequently the order of assessment is bad in law for want of requisite jurisdiction. 11. The copy of the approval of the Joint Commissioner was not obtained or having obtained, the copy of the same is not provided to the appellant which is in violation

M/S B B JEWELLERS AND FINANCE PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(4), BANGALORE

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

Bench: Shri A. K. Garodia & Smt. Beena Pillai

153A of the Act did not exist, or having not been complied with and consequently the order of assessment is bad in law for want of requisite jurisdiction. 11. The copy of the approval of the Joint Commissioner was not obtained or having obtained, the copy of the same is not provided to the appellant which is in violation