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. 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

35 of 51 Under the circumstances it is our submission that the provisions of section 40A(3) cannot be applied in our case, so also Explanation to section 37(1). To summarize we wish to submit a) There are no expenses debited in our books of accounts which are in the nature of attracting the provisions of section

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

35 of 51 Under the circumstances it is our submission that the provisions of section 40A(3) cannot be applied in our case, so also Explanation to section 37(1). To summarize we wish to submit a) There are no expenses debited in our books of accounts which are in the nature of attracting the provisions of section

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

35 of 51 Under the circumstances it is our submission that the provisions of section 40A(3) cannot be applied in our case, so also Explanation to section 37(1). To summarize we wish to submit a) There are no expenses debited in our books of accounts which are in the nature of attracting the provisions of section

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

35 of 51 Under the circumstances it is our submission that the provisions of section 40A(3) cannot be applied in our case, so also Explanation to section 37(1). To summarize we wish to submit a) There are no expenses debited in our books of accounts which are in the nature of attracting the provisions of section

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

35,980/- made from the three parties as bogus purchases and added the same to the business income of the assessee. The assessment was completed u/s 143(3) of the Act on a total income of Rs.62,99,990/-. 4. Aggrieved by the order of AO dated 11.05.2021, the assessee firm preferred an appeal before the Ld.CIT(A)/NFAC

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

35. The facts stated above clearly shows that assessment year 2017 –18 is unabated assessment year as it is concluded on expiry of time limit for issue of notice under section 143 (2) of the act. The last date for issue of notice under section 143 (2) for assessment year 2017 – 18 was 30/9/2018. Therefore, assessment year

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

35. The facts stated above clearly shows that assessment year 2017 –18 is unabated assessment year as it is concluded on expiry of time limit for issue of notice under section 143 (2) of the act. The last date for issue of notice under section 143 (2) for assessment year 2017 – 18 was 30/9/2018. Therefore, assessment year

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

35. The facts stated above clearly shows that assessment year 2017 –18 is unabated assessment year as it is concluded on expiry of time limit for issue of notice under section 143 (2) of the act. The last date for issue of notice under section 143 (2) for assessment year 2017 – 18 was 30/9/2018. Therefore, assessment year

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

35. The facts stated above clearly shows that assessment year 2017 –18 is unabated assessment year as it is concluded on expiry of time limit for issue of notice under section 143 (2) of the act. The last date for issue of notice under section 143 (2) for assessment year 2017 – 18 was 30/9/2018. Therefore, assessment year

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

Bogus\nPurchases of Rs 4,38,15,000/- is deleted on that ground itself.\n60.\nAccordingly, ITA number 410 Bangalore 2024 and CO no 6/bang\n/2024 filed by the assessee for assessment year 2018 19 are\nallowed.\n61.\nITA number 411/Bangalore/2020, is filed by the assessee for\n assessment year 2019 20 raising several grounds of appeal.\nHowever, the main

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,MANGALORE, MANGALORE vs. RAJ DIAMONDS, MUMBAI

In the result the appeal of the Revenue is dismissed &

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

section Date of Notice 1 148A(b) 10/03/2022 2 148A(d) 23/03/2022 3 148 23/03/2022 4 129 01/07/2022 5 143(2)* No valid Return filed by the assessee 6 142(1) 17/11/2022 7 Show Cause Notice 18/03/2023 The claim of the AO is that the assessee did not file any return of income in response to notice

BYSANI ADINARAYAGUPTHA SRINATH,BENGALURU vs. JOINT COMMISSIONER OF INCOME TAX (OSD), CENTRAL CIRCLE-1(3), BENGALURU

In the result, the appeals of the assessee for Assessment Years

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

35,979/- respectively for M/s Aishwarya Trading Corporation and M/s Sanjana Trading Corporation for the F.Ys. 2012-13 to 2017-18. 2.6 However, the AO found that the admitted amount of non-genuine cash purchases was not offered by the assessee in the return of income filed under section 153A of the Act. The AO also noted that the assessee

BYSANI SRINATH MAMATHA,BENGALURU vs. JOINT COMMISSIONER OF INCOME TAX (OSD) CENTRAL CIRCLE-1(3), BENGALURU

In the result, the appeals of the assessee for Assessment Years

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

35,979/- respectively for M/s Aishwarya Trading Corporation and M/s Sanjana Trading Corporation for the F.Ys. 2012-13 to 2017-18. 2.6 However, the AO found that the admitted amount of non-genuine cash purchases was not offered by the assessee in the return of income filed under section 153A of the Act. The AO also noted that the assessee

BYSANI ADINARAYAGUPATHA SRINATH,BENGALURU vs. JOINT COMMISSIONER OF INCOME TAX (OSD), CENTRAL CIRCLE-1(3), BENGALURU

In the result, all the appeals of the assessee for A

35,979/-\nrespectively for M/s Aishwarya Trading Corporation and M/s Sanjana\nTrading Corporation for the F.Ys.2012-13 to 2017-18.\n2.6 However, the AO found that the admitted amount of non-genuine\ncash purchases was not offered by the assessee in the return of income\nfiled under section 153A of the Act. The AO also noted that the assessee