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 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, 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. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

1. The impugned proceedings under Section 153A\nand the impugned order under Section 153A dated\n29.09.2021 are bad and non-est as the notices under\nSection 153A dated 04.11.2020 and under Section 143(2)\ndated 27.02.2021 were issued by the Learned Assistant\nCommissioner of Income Tax Central Circle 2 before\nobtaining the jurisdiction vide order of centralization of the\nPrincipal

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

1. The impugned orders of the lower authorities are\nnot justified in law and on the facts and\ncircumstances of the case.\n2. As regards the impugned proceedings under\nSection 153A and the impugned order under Section\n153A dated 29.09.2021 being invalid and without\njurisdiction:\n2.1. The impugned proceedings under Section 153A\nand the impugned order under Section 153A dated

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

disallowance of depreciation on goodwill not arising from incriminating material, were not justified. The Tribunal accepted the assessee's contention that the consideration paid in excess of tangible assets was rightly classified as goodwill.", "result": "Partly Allowed", "sections": [ "132", "153A", "143(3)", "250", "32(1

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