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

9, outstation purchases are paid in cheques or banking channels but the local purchases are paid in cash as most of the fishermen prefer cash as they do not have bank accounts. 7.8 Further during the course of survey (Answer to Q. No.12) details of purchases recorded in the computer of the firm containing date wise purchases made

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

9, outstation purchases are paid in cheques or banking channels but the local purchases are paid in cash as most of the fishermen prefer cash as they do not have bank accounts. 7.8 Further during the course of survey (Answer to Q. No.12) details of purchases recorded in the computer of the firm containing date wise purchases made

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

9, outstation purchases are paid in cheques or banking channels but the local purchases are paid in cash as most of the fishermen prefer cash as they do not have bank accounts. 7.8 Further during the course of survey (Answer to Q. No.12) details of purchases recorded in the computer of the firm containing date wise purchases made

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

9, outstation purchases are paid in cheques or banking channels but the local purchases are paid in cash as most of the fishermen prefer cash as they do not have bank accounts. 7.8 Further during the course of survey (Answer to Q. No.12) details of purchases recorded in the computer of the firm containing date wise purchases made

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

9, outstation purchases are paid in cheques or banking channels but the local purchases are paid in cash as most of the fishermen prefer cash as they do not have bank accounts. 7.8 Further during the course of survey (Answer to Q. No.12) details of purchases recorded in the computer of the firm containing date wise purchases made

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

9. However, the tribunal vide impugned order has held that there is no credible evidence to suggest that assessee has riot made any purchase of material at all and even though an inference can be drawn that the parties / sellers were bogus but not the entire purchase of materials. 10. From perusal of the order passed by the tribunal

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

9. However, the tribunal vide impugned order has held that there is no credible evidence to suggest that assessee has riot made any purchase of material at all and even though an inference can be drawn that the parties / sellers were bogus but not the entire purchase of materials. 10. From perusal of the order passed by the tribunal

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

9. The LAO erred in undertaking the addition of Rs.16,74,23 150 for the AY 2008-09 towards bogus purchase when the facts are clear that the purchases made by the Appellant was evident with the bills, goods receipt notes which form part of the seized material and the payments have been made through cheques, that is banking channels

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

9. The LAO erred in undertaking the addition of Rs.16,74,23 150 for the AY 2008-09 towards bogus purchase when the facts are clear that the purchases made by the Appellant was evident with the bills, goods receipt notes which form part of the seized material and the payments have been made through cheques, that is banking channels

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

9. The LAO erred in undertaking the addition of Rs.16,74,23 150 for the AY 2008-09 towards bogus purchase when the facts are clear that the purchases made by the Appellant was evident with the bills, goods receipt notes which form part of the seized material and the payments have been made through cheques, that is banking channels

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

9. The LAO erred in undertaking the addition of Rs.16,74,23 150 for the AY 2008-09 towards bogus purchase when the facts are clear that the purchases made by the Appellant was evident with the bills, goods receipt notes which form part of the seized material and the payments have been made through cheques, that is banking channels

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

bogus purchases could not be added to the income. 11. Assessee replied to this notice on 18/3/2022 and it was submitted that (i) Mr Mahabir Kansaria was not feeling well at the time of search and under pressure the statements were given therefore the legal heir claims that the statement taken during search may not be relied upon

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

bogus purchases could not be added to the income. 11. Assessee replied to this notice on 18/3/2022 and it was submitted that (i) Mr Mahabir Kansaria was not feeling well at the time of search and under pressure the statements were given therefore the legal heir claims that the statement taken during search may not be relied upon

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

bogus purchases could not be added to the income. 11. Assessee replied to this notice on 18/3/2022 and it was submitted that (i) Mr Mahabir Kansaria was not feeling well at the time of search and under pressure the statements were given therefore the legal heir claims that the statement taken during search may not be relied upon

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

bogus purchases could not be added to the income. 11. Assessee replied to this notice on 18/3/2022 and it was submitted that (i) Mr Mahabir Kansaria was not feeling well at the time of search and under pressure the statements were given therefore the legal heir claims that the statement taken during search may not be relied upon

M/S. HARIS MARINE PRODUCTS,MANGALURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), BENGALURU, BENGALURU

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

section 263 of the Act requires to be quashed on the facts and circumstances of the case. 9. The Appellant craves leave to add, alter, substitute and delete any or all the grounds of appeal urged above. Page 4 of 23 10. For the above and other grounds to be urged during the hearing of the appeal, the Appellant prays

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 purchases for assessment year 2018 19\nu/s.69C of the Act of ₹ 42,815,000/- the learned CIT – A held that\napart from stating that the relevant bills/invoices/payments details\nand GST returns have been submitted no other details has been\nfurnished by the assessee to show that the purchases are real. Therefore, he upheld the findings of the learned assessing

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

purchases. 9. We have heard rival submissions and perused the materials available on the record. The assessee firm is into the business of Fabrication of Kitchen equipments. The books of accounts of the assessee firm were audited by the Chartered Accountant under the provisions contained in section 44AB of the Act. It is an undisputed fact that the audited accounts