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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

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

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

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

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

bogus purchases as income of the assessee without allowing any expenditure by relying on the enquiry conducted by AO in the first round of proceedings though the vendor sales have been accepted as such. 3. Facts of the case are that earlier assessee came in appeal before this Tribunal in ITA Nos.1658 to 1661/Bang/2018 for the assessment year

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

bogus purchases as income of the assessee without allowing any expenditure by relying on the enquiry conducted by AO in the first round of proceedings though the vendor sales have been accepted as such. 3. Facts of the case are that earlier assessee came in appeal before this Tribunal in ITA Nos.1658 to 1661/Bang/2018 for the assessment year

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

bogus purchases as income of the assessee without allowing any expenditure by relying on the enquiry conducted by AO in the first round of proceedings though the vendor sales have been accepted as such. 3. Facts of the case are that earlier assessee came in appeal before this Tribunal in ITA Nos.1658 to 1661/Bang/2018 for the assessment year

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

bogus purchases as income of the assessee without allowing any expenditure by relying on the enquiry conducted by AO in the first round of proceedings though the vendor sales have been accepted as such. 3. Facts of the case are that earlier assessee came in appeal before this Tribunal in ITA Nos.1658 to 1661/Bang/2018 for the assessment year

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

bogus purchases:\nName\nAmount\nSayeed Ebrahim\n61,97,117\nAbdul Rasheed\n71,75,937\nTotal\n1,33,73,054\n3.5.2 In this connection it may be noted that during the search\nproceedings we were asked to substantiate the purchases of fish\nmade from various parties. However, on the date of search we could\nnot readily produce the necessary confirmations from

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

bogus purchases:\nName\nAmount\nSayeed Ebrahim\n61,97,117\nAbdul Rasheed\n71,75,937\nTotal\n1,33,73,054\n3.5.2 In this connection it may be noted that during the search\nproceedings we were asked to substantiate the purchases of fish\nmade from various parties. However, on the date of search we could\nnot readily produce the necessary confirmations from

M/S ANANTHA REFINERY PVT. LTD. vs. DCIT,

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

Bench: Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm

bogus), so they would either be through some unaccounted sales or unaccounted production or by payments in cash [out of drawings from these fictitious bank accounts in the names of these 3 parties] in which case, the appellant would be covered by the provisions of section 40A (3) and these cannot be allowed against the income. The appellant is unable

M/S ANANTHA REFINERY PVT. LTD. vs. DCIT,

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

Bench: Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm

bogus), so they would either be through some unaccounted sales or unaccounted production or by payments in cash [out of drawings from these fictitious bank accounts in the names of these 3 parties] in which case, the appellant would be covered by the provisions of section 40A (3) and these cannot be allowed against the income. The appellant is unable

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

3. The learned CIT(A) erred in not appreciating that, the professional/ consultancy services are aggregated with the main business activity of the Appellant under Transactional Net Margin Method ["TNMM"] and are tested by transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE vs. M/S LIFESTYLE INTERNATIONAL PVT LTD , BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

3. The learned CIT(A) erred in not appreciating that, the professional/ consultancy services are aggregated with the main business activity of the Appellant under Transactional Net Margin Method ["TNMM"] and are tested by transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding

M/S LIFESTYLE INTERNATIONAL PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

3. The learned CIT(A) erred in not appreciating that, the professional/ consultancy services are aggregated with the main business activity of the Appellant under Transactional Net Margin Method ["TNMM"] and are tested by transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S. LIFESTYLE INTERNATIONAL (P) LTD.,, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

3. The learned CIT(A) erred in not appreciating that, the professional/ consultancy services are aggregated with the main business activity of the Appellant under Transactional Net Margin Method ["TNMM"] and are tested by transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

3. The learned CIT(A) erred in not appreciating that, the professional/ consultancy services are aggregated with the main business activity of the Appellant under Transactional Net Margin Method ["TNMM"] and are tested by transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding

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

Section 40A(3) of the Income Tax Act, the AO has treated the entire payment made to the aforesaid three concerns towards purchase made during the financial years 2007-08 to 2010-11 aggregating to a sum of Rs.27.49 Crores as bogus

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

Section 40A(3) of the Income Tax Act, the AO has treated the entire payment made to the aforesaid three concerns towards purchase made during the financial years 2007-08 to 2010-11 aggregating to a sum of Rs.27.49 Crores as bogus

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

Section 40A(3) of the Income Tax Act, the AO has treated the entire payment made to the aforesaid three concerns towards purchase made during the financial years 2007-08 to 2010-11 aggregating to a sum of Rs.27.49 Crores as bogus