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32 results for “bogus purchases”+ Section 40A(2)clear

Sorted by relevance

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Key Topics

Section 153A29Disallowance29Addition to Income27Section 13221Section 153C16Section 132(4)14Survey u/s 133A14Section 13111Section 40A(3)

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

ITA 431/BANG/2024[2013-14]Status: DisposedITAT Bangalore03 Jul 2024AY 2013-14

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Sri Narendra Sharma, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 132Section 132(4)Section 153ASection 153DSection 234A

2. The learned Commissioner of Income tax [Appeals] is not justified in upholding the assessment of the income of the appellant at Rs.5,34,23,070/- as against Rs.4,00,50,020/- returned the appellant in response to notice u/s.153A of the Act under the facts and in the circumstances of the appellant's case. 3. The learned

Showing 1–20 of 32 · Page 1 of 2

9
Section 132(1)(a)8
Section 292B7
Bogus Purchases7

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

ITA 434/BANG/2024[2016-17]Status: DisposedITAT Bangalore03 Jul 2024AY 2016-17
Section 132Section 132(4)Section 153ASection 153DSection 234A

40A(3) to\naugment trade. After granting this facility, we are of the view that the department\ncannot insist the assessees to get the suppliers confirm to the department about the\nsupplies made to the assessee and the payments received by them. In our view, the\nassessee should be taken to have discharged their burden by furnishing the copies

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

ITA 435/BANG/2024[2017-18]Status: DisposedITAT Bangalore03 Jul 2024AY 2017-18
Section 132Section 132(4)Section 153ASection 153DSection 234A

40A(3) to\naugment trade. After granting this facility, we are of the view that the department\ncannot insist the assessees to get the suppliers confirm to the department about the\nsupplies made to the assessee and the payments received by them. In our view, the\nassessee should be taken to have discharged their burden by furnishing the copies

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

ITA 131/BANG/2023[2008-2009]Status: DisposedITAT Bangalore24 Jul 2023AY 2008-2009

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

section 40A(2)(b). For the above your proposal to treat the payments made to these concerns as inflated expenditure is without any basis. Further, there being actual purchases of bottles and grapes and the transaction being genuine, any attempt to treat the entire payment made to the two concerns as inflated expenditure would be without any basis and against

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

ITA 132/BANG/2023[2009-2010]Status: DisposedITAT Bangalore24 Jul 2023AY 2009-2010

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

section 40A(2)(b). For the above your proposal to treat the payments made to these concerns as inflated expenditure is without any basis. Further, there being actual purchases of bottles and grapes and the transaction being genuine, any attempt to treat the entire payment made to the two concerns as inflated expenditure would be without any basis and against

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

ITA 133/BANG/2023[2010-11]Status: DisposedITAT Bangalore24 Jul 2023AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

section 40A(2)(b). For the above your proposal to treat the payments made to these concerns as inflated expenditure is without any basis. Further, there being actual purchases of bottles and grapes and the transaction being genuine, any attempt to treat the entire payment made to the two concerns as inflated expenditure would be without any basis and against

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

ITA 134/BANG/2023[2011-12]Status: DisposedITAT Bangalore24 Jul 2023AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Bharath L., A.RFor Respondent: Ms. Neera Malhotra, D.R

section 40A(2)(b). For the above your proposal to treat the payments made to these concerns as inflated expenditure is without any basis. Further, there being actual purchases of bottles and grapes and the transaction being genuine, any attempt to treat the entire payment made to the two concerns as inflated expenditure would be without any basis and against

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

ITA 75/BANG/2022[2012-13]Status: DisposedITAT Bangalore27 Jul 2023AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheethal Borkar, A.RFor Respondent: Shri A. Ramesh Kumar, D.R
Section 132Section 133ASection 143(1)Section 34Section 40A(3)

purchases were made through uncrossed cheque/demand draft the same could not be considered as bogus so as to make disallowance under section 40A(3). 2

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

ITA 76/BANG/2022[2013-14]Status: DisposedITAT Bangalore27 Jul 2023AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheethal Borkar, A.RFor Respondent: Shri A. Ramesh Kumar, D.R
Section 132Section 133ASection 143(1)Section 34Section 40A(3)

purchases were made through uncrossed cheque/demand draft the same could not be considered as bogus so as to make disallowance under section 40A(3). 2

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

ITA 74/BANG/2022[2011-12]Status: DisposedITAT Bangalore27 Jul 2023AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Smt. Sheethal Borkar, A.RFor Respondent: Shri A. Ramesh Kumar, D.R
Section 132Section 133ASection 143(1)Section 34Section 40A(3)

purchases were made through uncrossed cheque/demand draft the same could not be considered as bogus so as to make disallowance under section 40A(3). 2

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. ACIT, SPECIAL RANGE-3, BANGALORE

In the result appeal of the Revenue is hereby dismissed

ITA 544/BANG/2025[2017-18]Status: DisposedITAT Bangalore18 Dec 2025AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Ajay Vohra, Sr. Advocate and Ms. AnkitaFor Respondent: Shri Shivanad Kalakeri, CIT

40A(2)(b) of the Act. 22. With regard to the decision of the ITAT in the case of Accenture Services (P.) Ltd. (supra), we find that the facts of the case of Accenture Services (P.) Ltd. (supra) are identical. In the case of Accenture Services (P.) Ltd. (supra), the facts were that the assessee company incurred certain expenses

INSTAKART SERVICES PRIVATE LIMITED ,BENGALURU vs. ACIT, CENTRAL CIRCLE-1(4), BENGALURU

In the result, the stay application dismissed as infructuous

ITA 496/BANG/2025[2018-19]Status: DisposedITAT Bangalore18 Dec 2025AY 2018-19

40A(2)(b) of the Act.\n22. With regard to the decision of the ITAT in the case of Accenture Services\n(P.) Ltd. (supra), we find that the facts of the case of Accenture Services (P.)\nLtd. (supra) are identical. In the case of Accenture Services (P.) Ltd. (supra),\nthe facts were that the assessee company incurred certain expenses

DCIT, CC-1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

In the result, the stay application dismissed as infructuous

ITA 530/BANG/2025[2017-18]Status: DisposedITAT Bangalore18 Dec 2025AY 2017-18

40A(2)(b) of the Act.\n22. With regard to the decision of the ITAT in the case of Accenture Services\n(P.) Ltd. (supra), we find that the facts of the case of Accenture Services (P.)\nLtd. (supra) are identical. In the case of Accenture Services (P.) Ltd. (supra),\nthe facts were that the assessee company incurred certain expenses

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. JCIT, SPECIAL RANG-3, BANGALORE

Appeals of the revenue are dismissed

ITA 543/BANG/2025[2016-17]Status: DisposedITAT Bangalore18 Dec 2025AY 2016-17

40A(2)(b) of the Act.\n22. With regard to the decision of the ITAT in the case of Accenture Services\n(P.) Ltd. (supra), we find that the facts of the case of Accenture Services (P.)\nLtd. (supra) are identical. In the case of Accenture Services (P.) Ltd. (supra),\nthe facts were that the assessee company incurred certain expenses

DCIT CC -1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

ITA 531/BANG/2025[2018-19]Status: DisposedITAT Bangalore18 Dec 2025AY 2018-19

40A(2)(b) of the Act.\n\n22. With regard to the decision of the ITAT in the case of Accenture Services\n(P.) Ltd. (supra), we find that the facts of the case of Accenture Services (P.)\nLtd. (supra) are identical. In the case of Accenture Services (P.) Ltd. (supra),\nthe facts were that the assessee company incurred certain

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

ITA 236/BANG/2020[2010-11]Status: DisposedITAT Bangalore29 May 2025AY 2010-11

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

For Appellant: Shri. Prashanth G S, CAFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bangalore
Section 132(1)(a)Section 132(2)Section 153ASection 153CSection 153DSection 292B

2. Copies of mining lease held if any by the parties from whom the unregistered purchases of iron ore has been made. 4. In response to the above, the assessee filed a letter dated 14.03.2013 with regard to the above questionnaire, submitted the payments for said unregistered purchases have been made. However, the assessee did not furnish any substantiating proof

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

ITA 234/BANG/2020[2008-09]Status: DisposedITAT Bangalore29 May 2025AY 2008-09

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

For Appellant: Shri. Prashanth G S, CAFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bangalore
Section 132(1)(a)Section 132(2)Section 153ASection 153CSection 153DSection 292B

2. Copies of mining lease held if any by the parties from whom the unregistered purchases of iron ore has been made. 4. In response to the above, the assessee filed a letter dated 14.03.2013 with regard to the above questionnaire, submitted the payments for said unregistered purchases have been made. However, the assessee did not furnish any substantiating proof

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

ITA 237/BANG/2020[2011-12]Status: DisposedITAT Bangalore29 May 2025AY 2011-12

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

For Appellant: Shri. Prashanth G S, CAFor Respondent: Ms. Neha Sahay, JCIT(DR)(ITAT), Bangalore
Section 132(1)(a)Section 132(2)Section 153ASection 153CSection 153DSection 292B

2. Copies of mining lease held if any by the parties from whom the unregistered purchases of iron ore has been made. 4. In response to the above, the assessee filed a letter dated 14.03.2013 with regard to the above questionnaire, submitted the payments for said unregistered purchases have been made. However, the assessee did not furnish any substantiating proof

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

ITA 235/BANG/2020[2009-10]Status: DisposedITAT Bangalore29 May 2025AY 2009-10
Section 132(1)(a)Section 132(2)Section 153ASection 153CSection 153DSection 292B

bogus entry and it is proved beyond reasonable doubt\nthat it is only an adjustment entry to reduce the profits as per books by inflating\nexpenditure and reducing tax liability thereon. In the light of the above, the\nassessee was further asked to substantiate why section 40A(3) of the Act should\nnot be invoked in the assessee's case

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

ITA 407/BANG/2025[2015-16]Status: DisposedITAT Bangalore09 Oct 2025AY 2015-16

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Bharadwaj Sheshadri, CA &For Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 131Section 132Section 132(4)Section 153A

40A(3) of the Act. The purchases are properly recorded in the books, audited under section 44AB of the Act, disclosed in VAT returns, and supported by stock statements already filed with the AO. The transactions also attracted RMC cess, further confirming their genuineness. Sales have been made to reputed parties such as Karnataka Milk Federation, Venkateshwara Hatcheries, and Suguna