K. G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

block ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 37 of 89 assessment roped in, only the undisclosed income, and the regular assessment proceedings were preserved; resulting in multiple assessments. U/s 153A of the Act, however, the AO has been given the power to assess or reassess the total income of the six assessment years in question in separate

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

block ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 37 of 89 assessment roped in, only the undisclosed income, and the regular assessment proceedings were preserved; resulting in multiple assessments. U/s 153A of the Act, however, the AO has been given the power to assess or reassess the total income of the six assessment years in question in separate

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

block ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 37 of 89 assessment roped in, only the undisclosed income, and the regular assessment proceedings were preserved; resulting in multiple assessments. U/s 153A of the Act, however, the AO has been given the power to assess or reassess the total income of the six assessment years in question in separate

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

block ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 37 of 89 assessment roped in, only the undisclosed income, and the regular assessment proceedings were preserved; resulting in multiple assessments. U/s 153A of the Act, however, the AO has been given the power to assess or reassess the total income of the six assessment years in question in separate

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

block ITA Nos.307 to 312/Bang/2020 Shri K.G. Krishna, Bangalore Page 37 of 89 assessment roped in, only the undisclosed income, and the regular assessment proceedings were preserved; resulting in multiple assessments. U/s 153A of the Act, however, the AO has been given the power to assess or reassess the total income of the six assessment years in question in separate

SRI. MARUTHIVANDITH REDDY MANNUR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeal of the assessee in ITA No

block assessment can be\nframed only on the basis of a statement recorded under Section 132(4)\nis accepted, it would result in ignoring an important check on the power\nof the AO and would expose assessees to arbitrary assessments based\nonly on the statements, which we are conscious are sometimes extracted\nby exerting undue influence or by coercion. Sometimes

SRI. MARUTHIVANDITH REDDY MANNUR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeal of the assessee in ITA No

block assessment can be\nframed only on the basis of a statement recorded under Section 132(4)\nis accepted, it would result in ignoring an important check on the power\nof the AO and would expose assessees to arbitrary assessments based\nonly on the statements, which we are conscious are sometimes extracted\nby exerting undue influence or by coercion. Sometimes

SRI. H. NAGARAJA,BANGALORE vs. CIT, BANGALORE

In the result, the appeals filed by the assessee are allowed

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

disallowance of commission expenditure of Rs.2,25,94,330/-, learned counsel for the assessee submitted that the appellant had furnished details of payment of commission made to various persons, PAN numbers and payment particulars and after considering the details and information, AO took the view that the same is allowable expenditure. As regards addition of Rs.2

NIYAZ SEA FOODS ,MANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1 , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

disallowance of Rs.1,94,18,130/- u/s 41(1) as cessation of liability and thereby raised tax demand of Rs.1,76,67,975/-. Aggrieved by this addition made, assessee went in appeals before ld. CIT(A) and the ld. CIT(A) confirmed the same. Against this assessee once again is in appeal before us. ITA Nos.1018 & 1019/Bang/2024 Niyaz Sea Foods

UNITED BREWERIES LTD.,,BANGALORE vs. ADDL..C.I.T., BANGALORE

In the result, the appeals are partly allowed

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

disallow the claim of depreciation on the enhanced value of goodwill. We find that the Assessing Officer has not adopted any prescribed or well accepted method for valuation or actual cost of the goodwill in the hands of the assessee but he has doubted the valuation of the tangible assets and was of the view that the assessee has deflated

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

assessment\nyear 2017-18. Thus, ld. AO made further addition on this count as\nabove. As seen from the above, the ld. AO have no iota of\ncorroborative evidence supporting the statement recorded u/s\n132(4) of the Act or u/s 133A of the Act.\n5.3 Further, we find that Hon'ble Delhi High Court in the\ncase of PCIT

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

disallowance was to be deleted - Tribunal dismissed revenue's appeal - High Court affirmed judgments of Commissioner (Appeals) and Tribunal being concurrent factual findings - Whether no substantial question of law arose from impugned order of Tribunal - Held, yes [Para 4] [In favour of assessee]" 4.14 The Hon'ble High Court of Karnataka in Kothari Metals v. ITO, 377 ITR 581 (Karn

MOHAMMED IBRABIM MOHIDEEN ,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

disallowance was to be deleted - Tribunal dismissed revenue's appeal - High Court affirmed judgments of Commissioner (Appeals) and Tribunal being concurrent factual findings - Whether no substantial question of law arose from impugned order of Tribunal - Held, yes [Para 4] [In favour of assessee]" 4.14 The Hon'ble High Court of Karnataka in Kothari Metals v. ITO, 377 ITR 581 (Karn

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

disallowance was to be deleted - Tribunal dismissed revenue's appeal - High Court affirmed judgments of Commissioner (Appeals) and Tribunal being concurrent factual findings - Whether no substantial question of law arose from impugned order of Tribunal - Held, yes [Para 4] [In favour of assessee]" 4.14 The Hon'ble High Court of Karnataka in Kothari Metals v. ITO, 377 ITR 581 (Karn

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

disallowance was to be deleted - Tribunal dismissed revenue's appeal - High Court affirmed judgments of Commissioner (Appeals) and Tribunal being concurrent factual findings - Whether no substantial question of law arose from impugned order of Tribunal - Held, yes [Para 4] [In favour of assessee]" 4.14 The Hon'ble High Court of Karnataka in Kothari Metals v. ITO, 377 ITR 581 (Karn

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

Bench: Shri Chandra Poojari & Shri Keshav Dubey

disallowed. 8. The learned CIT[A] further ought to have appreciated that sanction u/s.153D was accorded is without application of mind and such a mechanically granted approval vitiates the assessment order rendering it to be held illegal and void-ab-initio under the facts and in the circumstances of the appellant's case. 9. Without prejudice to the right

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

block assessment roped in, only the undisclosed income, and the regular assessment proceedings were preserved; resulting in multiple assessments. U/s 153A of the Act, however, the AO has been given the power to assess or reassess the total income of the six assessment years in question in separate assessment ITA Nos.323 to 328/Bang/2022 Wilfred D’Souza, Mangaluru Page

WILFRED D'SOUZA,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, ITA Nos.323 & 324/Bang/2022 are allowed and the appeals filed by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

block assessment roped in, only the undisclosed income, and the regular assessment proceedings were preserved; resulting in multiple assessments. U/s 153A of the Act, however, the AO has been given the power to assess or reassess the total income of the six assessment years in question in separate assessment ITA Nos.323 to 328/Bang/2022 Wilfred D’Souza, Mangaluru Page