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

purchases could not be disallowed and\nonly the profit element embedded therein could be disallowed.\n8. The learned CIT[A] further ought to have appreciated that sanction\nu/s.153D was accorded is without application of mind and such a\nmechanically granted approval vitiates the assessment order\nrendering it to be held illegal and void-ab-initio under the facts

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3) , BENGALURU

In the result, the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

purchases by the appellant from the said company as bogus and the appellant was not provided with any details and documents gathered against him and also an opportunity of cross-examination of the said companies ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 27 of 40 were not provided to the appellant which is against the principles of natural justice and consequently

DCIT, CENTRAL CIRCLE-1(3), BAENGALURU vs. LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

In the result, the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

purchases by the appellant from the said company as bogus and the appellant was not provided with any details and documents gathered against him and also an opportunity of cross-examination of the said companies ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 27 of 40 were not provided to the appellant which is against the principles of natural justice and consequently

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

In the result, the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

purchases by the appellant from the said company as bogus and the appellant was not provided with any details and documents gathered against him and also an opportunity of cross-examination of the said companies ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 27 of 40 were not provided to the appellant which is against the principles of natural justice and consequently

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3) , BENGALURU

In the result, the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

purchases by the appellant from the said company as bogus and the appellant was not provided with any details and documents gathered against him and also an opportunity of cross-examination of the said companies ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 27 of 40 were not provided to the appellant which is against the principles of natural justice and consequently

DCIT, CENTRAL CIRCLE-1(3), BENGALURU vs. LATE SHRI MAHABIR PRASAD (LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

In the result, the appeal filed by the assessee is allowed

section\n69C of the act by erroneously treating the German\nbusiness transactions with certain entities as bogus\npurchases on the facts and circumstances of the case.\nV.\nThe learned Commissioner of income tax (appeals) and the\nlearned assessing officer failed to appreciate that the\nappellant has not made any purchase from the entity i.e.,\nM/s Vital Trexmin Pvt Limited

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

purchases could not be disallowed and\nonly the profit element embedded therein could be disallowed.\n8. The learned CIT[A] further ought to have appreciated that sanction\nu/s.153D was accorded is without application of mind and such a\nmechanically granted approval vitiates the assessment order\nrendering it to be held illegal and void-ab-initio under the facts

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

purchases could not be disallowed and\nonly the profit element embedded therein could be disallowed.\n8. The learned CIT[A] further ought to have appreciated that sanction\nu/s.153D was accorded is without application of mind and such a\nmechanically granted approval vitiates the assessment order\nrendering it to be held illegal and void-ab-initio under the facts

HABIB AGRO INDUSTRIES ,MANDYA vs. DCIT, CENTRAL CIRCLE, MYSURU

In the result, appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

234C of the Act which is consequential in nature and does not require any separate adjudication. Hence, Ground Nos. 1, 4 & 5 of the assessee’s appeal are hereby dismissed as infructuous. 5. The issue raised by the assessee through Ground No. 2 pertain to validity of search under section 132 of the Act. 6. At the outset, we note

HABIB AGRO INDUSTRIES,MANDYA vs. DCIT, CENTRAL CIRCLE, MYSURU

In the result, appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

234C of the Act which is consequential in nature and does not require any separate adjudication. Hence, Ground Nos. 1, 4 & 5 of the assessee’s appeal are hereby dismissed as infructuous. 5. The issue raised by the assessee through Ground No. 2 pertain to validity of search under section 132 of the Act. 6. At the outset, we note

HABIB AGRO INDUSTRIES ,MANDYA vs. DCIT, CENTRAL CIRCLE, MYSURU

In the result, appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

234C of the Act which is consequential in nature and does not require any separate adjudication. Hence, Ground Nos. 1, 4 & 5 of the assessee’s appeal are hereby dismissed as infructuous. 5. The issue raised by the assessee through Ground No. 2 pertain to validity of search under section 132 of the Act. 6. At the outset, we note

HABIB AGRO INDUSTRIES ,MANDYA vs. DCIT, CENTRAL CIRCLE, MYSURU

In the result, appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

234C of the Act which is consequential in nature and does not require any separate adjudication. Hence, Ground Nos. 1, 4 & 5 of the assessee’s appeal are hereby dismissed as infructuous. 5. The issue raised by the assessee through Ground No. 2 pertain to validity of search under section 132 of the Act. 6. At the outset, we note

HABIB AGRO INDUSTRIES,MANDYA vs. DCIT, CENTRAL CIRCLE, MYSURU

In the result, appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

234C of the Act which is consequential in nature and does not require any separate adjudication. Hence, Ground Nos. 1, 4 & 5 of the assessee’s appeal are hereby dismissed as infructuous. 5. The issue raised by the assessee through Ground No. 2 pertain to validity of search under section 132 of the Act. 6. At the outset, we note

HABIB AGRO INDUSTRIES ,MANDYA vs. DCIT, CENTRAL CIRCLE, MYSURU

In the result, appeal of the assessee is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

234C of the Act which is consequential in nature and does not require any separate adjudication. Hence, Ground Nos. 1, 4 & 5 of the assessee’s appeal are hereby dismissed as infructuous. 5. The issue raised by the assessee through Ground No. 2 pertain to validity of search under section 132 of the Act. 6. At the outset, we note

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

purchase consideration of\nRs.13.60 crores shall be towards transfer of intangible assets of SHL to BNHL such as\ngoodwill, revenue rights, tenancy rights, permits etc.\n\n12.\nOn the other hand, learned DR relied on the Order of lower authorities\nand submitted that assessee has raised additional grounds challenging the\nvalidity under section 132 of the Act and submitted that

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

purchase consideration of\nRs.13.60 crores shall be towards transfer of intangible assets of SHL to BNHL such as\ngoodwill, revenue rights, tenancy rights, permits etc.\n\n12.\nOn the other hand, learned DR relied on the Order of lower authorities\nand submitted that assessee has raised additional grounds challenging the\nvalidity under section 132 of the Act and submitted that

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

purchase of assets including intangible assets and consequently the disallowance of depreciation on intangible assets on the premise that the consideration is paid in excess is unsustainable in law on the facts and circumstances of the case. 5. The learned Commissioner of Income Tax (Appeals) erred in holding that the consideration of Rs. 13,60,00,000/- was paid

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

purchase of assets including intangible assets and consequently the disallowance of depreciation on intangible assets on the premise that the consideration is paid in excess is unsustainable in law on the facts and circumstances of the case. 5. The learned Commissioner of Income Tax (Appeals) erred in holding that the consideration of Rs. 13,60,00,000/- was paid