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 37(1) and were booked in the name of M/s.Vinayaka Fruit Mandi, M/Venkateshwara Bottle Traders and M/Srinivasa Bottle Traders. (c) The idea is to book these non-allowable expenditures in the above mentioned bogus entities, so that the main company M/s SPR Group Holdings will remain insulated from any blemish. (d) The seized material also contained books of accounts

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 37(1) and were booked in the name of M/s.Vinayaka Fruit Mandi, M/Venkateshwara Bottle Traders and M/Srinivasa Bottle Traders. (c) The idea is to book these non-allowable expenditures in the above mentioned bogus entities, so that the main company M/s SPR Group Holdings will remain insulated from any blemish. (d) The seized material also contained books of accounts

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 37(1) and were booked in the name of M/s.Vinayaka Fruit Mandi, M/Venkateshwara Bottle Traders and M/Srinivasa Bottle Traders. (c) The idea is to book these non-allowable expenditures in the above mentioned bogus entities, so that the main company M/s SPR Group Holdings will remain insulated from any blemish. (d) The seized material also contained books of accounts

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 37(1) and were booked in the name of M/s.Vinayaka Fruit Mandi, M/Venkateshwara Bottle Traders and M/Srinivasa Bottle Traders. (c) The idea is to book these non-allowable expenditures in the above mentioned bogus entities, so that the main company M/s SPR Group Holdings will remain insulated from any blemish. (d) The seized material also contained books of accounts

SHRI. JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

1 has held that the shareholder and the company are two separate legal entities and the business carried on by the company cannot said to be a business carried on by the shareholder. Hence, the finding of the AO that the appellant will be taxed in respect of the activities carried out by M/s. RAL is totally untenable

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

1 has held that the shareholder and the company are two separate legal entities and the business carried on by the company cannot said to be a business carried on by the shareholder. Hence, the finding of the AO that the appellant will be taxed in respect of the activities carried out by M/s. RAL is totally untenable

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

1 has held that the shareholder and the company are two separate legal entities and the business carried on by the company cannot said to be a business carried on by the shareholder. Hence, the finding of the AO that the appellant will be taxed in respect of the activities carried out by M/s. RAL is totally untenable

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

1 has held that the shareholder and the company are two separate legal entities and the business carried on by the company cannot said to be a business carried on by the shareholder. Hence, the finding of the AO that the appellant will be taxed in respect of the activities carried out by M/s. RAL is totally untenable

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

1 has held that the shareholder and the company are two separate legal entities and the business carried on by the company cannot said to be a business carried on by the shareholder. Hence, the finding of the AO that the appellant will be taxed in respect of the activities carried out by M/s. RAL is totally untenable

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

1 has held that the shareholder and the company are two separate legal entities and the business carried on by the company cannot said to be a business carried on by the shareholder. Hence, the finding of the AO that the appellant will be taxed in respect of the activities carried out by M/s. RAL is totally untenable

SHRI JITENDRA VIRWANI,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3), BANGALORE

In the result, the appeals by the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri George George K.

1 has held that the shareholder and the company are two separate legal entities and the business carried on by the company cannot said to be a business carried on by the shareholder. Hence, the finding of the AO that the appellant will be taxed in respect of the activities carried out by M/s. RAL is totally untenable

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

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

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

1,89,14,063/- is not arising out of any incriminating material found during the course of search and consequently the addition made in a proceedings under section 153A of the Act which is not arising out ITA Nos.21 to 26/Bang/2024 Page 9 of 47 of incriminating material is unsustainable in law on the facts and circumstances of the case

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(2), BENGALURU

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

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

1,89,14,063/- is not arising out of any incriminating material found during the course of search and consequently the addition made in a proceedings under section 153A of the Act which is not arising out ITA Nos.21 to 26/Bang/2024 Page 9 of 47 of incriminating material is unsustainable in law on the facts and circumstances of the case

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

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

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

1,89,14,063/- is not arising out of any incriminating material found during the course of search and consequently the addition made in a proceedings under section 153A of the Act which is not arising out ITA Nos.21 to 26/Bang/2024 Page 9 of 47 of incriminating material is unsustainable in law on the facts and circumstances of the case

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

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

1,41,85,547 | 24,42,94,823 | 2017-18 | 20,40,17,960 | 22,48,58,255 | 2,06,38,910 | 31,36,48,443 | 2018-19 | 43,78,88,596 | - | - | 79,79,183 | 44,58,67,779 4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

1,41,85,547 24,42,94,823 2017-18 20,40,17,960 22,48,58,255 2,06,38,910 31,36,48,443 2018-19 43,78,88,596 79,79,183 44,58,67,779 4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

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

1,41,85,547 24,42,94,823 2017-18 20,40,17,960 22,48,58,255 2,06,38,910 31,36,48,443 2018-19 43,78,88,596 79,79,183 44,58,67,779 4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice

SRI RAJESH KUMAR,BANGALORE vs. ACIT, BANGALORE

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2005-06

disallowance of business loss of Rs. 14,379/- is not based on seized materials or incriminating materials found and seized during the Page 4 of 18 course of search under section 132 of the Act and consequently the learned assessing officer had no jurisdiction for issuance of a notice under section 153A of the Act. Reliance is placed