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

Section 132 of the Act can constitute\nthe basis for passing a block assessment order, notwithstanding the retraction from\nit, by the assessee. The discussion in this behalf reads as under:\n\"8. It cannot be doubted for a moment that the burden of proving the\nundisclosed income is squarely on the shoulders of the Department.\nAcquisition of properties

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

92,609 2010-11 4,22,50,000 -- 2011-12 2,17,78,75 -- It is material to note that all these purchases are genuine and payments have all been made by account payee cheques as and when due. Neither Mr.Manjunath nor Mrs. Sushilamma are any way connected or related to our Company or the promoters. We understand that

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

92,609 2010-11 4,22,50,000 -- 2011-12 2,17,78,75 -- It is material to note that all these purchases are genuine and payments have all been made by account payee cheques as and when due. Neither Mr.Manjunath nor Mrs. Sushilamma are any way connected or related to our Company or the promoters. We understand that

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

92,609 2010-11 4,22,50,000 -- 2011-12 2,17,78,75 -- It is material to note that all these purchases are genuine and payments have all been made by account payee cheques as and when due. Neither Mr.Manjunath nor Mrs. Sushilamma are any way connected or related to our Company or the promoters. We understand that

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

92,609 2010-11 4,22,50,000 -- 2011-12 2,17,78,75 -- It is material to note that all these purchases are genuine and payments have all been made by account payee cheques as and when due. Neither Mr.Manjunath nor Mrs. Sushilamma are any way connected or related to our Company or the promoters. We understand that

M/S. HARIS MARINE PRODUCTS,MANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, MANGALORE

In the result, both the appeals of the assessee are\nallowed

section 153C of the Act\nnamely discretionary in assets/documents in the course of search\nconducted in the case of any person that belong to the assessee and\nis relevant for computing the income of the assessee for the year\nunder appeal is totally absent.\n3. The facts of the issue are that there was a search u/s 132 of\nthe

M/S. HARIS MARINE PRODUCTS,MANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, , MANGALORE

In the result, both the appeals of the assessee are\nallowed

section 153C of the Act\nnamely discretionary in assets/documents in the course of search\nconducted in the case of any person that belong to the assessee and\nis relevant for computing the income of the assessee for the year\nunder appeal is totally absent.\n3. The facts of the issue are that there was a search u/s 132 of\nthe

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

92,250/- and Grishneshwar Engineers Pvt. Ltd. of Rs. 1,55,60,250/-, so why this amount should not be added u/s 69C of the Act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 6 of 40 (vii) Therefore, assessee was asked that why the addition of unaccounted cash sales, unaccounted bogus purchases could not be added to the income. 11. Assessee replied

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

92,250/- and Grishneshwar Engineers Pvt. Ltd. of Rs. 1,55,60,250/-, so why this amount should not be added u/s 69C of the Act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 6 of 40 (vii) Therefore, assessee was asked that why the addition of unaccounted cash sales, unaccounted bogus purchases could not be added to the income. 11. Assessee replied

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

92,250/- and Grishneshwar Engineers Pvt. Ltd. of Rs. 1,55,60,250/-, so why this amount should not be added u/s 69C of the Act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 6 of 40 (vii) Therefore, assessee was asked that why the addition of unaccounted cash sales, unaccounted bogus purchases could not be added to the income. 11. Assessee replied

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

92,250/- and Grishneshwar Engineers Pvt. Ltd. of Rs. 1,55,60,250/-, so why this amount should not be added u/s 69C of the Act. ITA Nos.410-412-169-170- CO 6/Bang/2024 Page 6 of 40 (vii) Therefore, assessee was asked that why the addition of unaccounted cash sales, unaccounted bogus purchases could not be added to the income. 11. Assessee replied

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

92,250/- and Grishneshwar Engineers Pvt. Ltd. of Rs.\n1,55,60,250/-, so why this amount should not be added u/s\n69C of the Act.\nPage 6 of 40\nITA Nos.410-412-169-170-\nCO 6/Bang/2024\n(vii) Therefore, assessee was asked that why the addition of\nunaccounted cash sales, unaccounted bogus purchases could\nnot be added to the income.\n11.\nAssessee

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

section 131 of the Act was issued to which Shri Idrish Khan appeared personally but not furnished any required details called for. Hence, the AO disallowed the claim of purchases of firewood from M/s Arbiya Traders amounting to Rs. 42,92,140/- for the year under consideration (A.Y. 2009-10) and added to the total income of the assessee