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

133A of the Act conducted on 8.2.2018. During the course of survey proceedings, a statement was recorded from Uday Kumar Salian, one of the partners of the firm. In his statement recorded u/s 131 of the Act, he confirmed the bogus purchases in these assessment years. There also he offered additional income in these assessment years. That provoked the assessing

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

133A of the Act conducted on 8.2.2018. During the course of survey proceedings, a statement was recorded from Uday Kumar Salian, one of the partners of the firm. In his statement recorded u/s 131 of the Act, he confirmed the bogus purchases in these assessment years. There also he offered additional income in these assessment years. That provoked the assessing

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

133A of the Act conducted on 8.2.2018. During the course of survey proceedings, a statement was recorded from Uday Kumar Salian, one of the partners of the firm. In his statement recorded u/s 131 of the Act, he confirmed the bogus purchases in these assessment years. There also he offered additional income in these assessment years. That provoked the assessing

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

133A of the Act conducted on 8.2.2018. During the course of survey proceedings, a statement was recorded from Uday Kumar Salian, one of the partners of the firm. In his statement recorded u/s 131 of the Act, he confirmed the bogus purchases in these assessment years. There also he offered additional income in these assessment years. That provoked the assessing

T.G. RANGANATH,BANGALORE vs. DCIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

survey has no legs to stand. The assessee via his retraction statement has categorically stated that the declaration was obtained with duress and such statement was not backed by any evidences. The reassessment proceedings initiated by issue of notice u/s 148 of the Act solely emanates from the statement recorded u/s 133A

ACIT, BANGALORE vs. SRI. T.G. RANGANATH, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

survey has no legs to stand. The assessee via his retraction statement has categorically stated that the declaration was obtained with duress and such statement was not backed by any evidences. The reassessment proceedings initiated by issue of notice u/s 148 of the Act solely emanates from the statement recorded u/s 133A

T.G. RANGANATH,BANGALORE vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

survey has no legs to stand. The assessee via his retraction statement has categorically stated that the declaration was obtained with duress and such statement was not backed by any evidences. The reassessment proceedings initiated by issue of notice u/s 148 of the Act solely emanates from the statement recorded u/s 133A

DCIT-CIRCLE-1(1), HUBLI, C.R. BUILDING , NAVANAGAR HUBLI vs. SHRI CHANDRASHEKHAR KOMMI, HUBLI

In the result, the appeal of the revenue is dismissed

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2015-16

survey u/s 133A of the Act and also furnishing inaccurate particulars of work expenses. It is a trite law that initiation of penalty proceedings should be made by issuance of notice by the ld. AO specifying the allegation to the level of assessee, which is admittedly absent in the instant case and the case made out by the assessee

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

133A of the Act was conducted on 8.2.2018 at the business premises of the assessee and certain documents were impounded during the course of survey. Consequent to the search and seizure u/s 153A, the notices u/s 153C of the Act dated 21.2.2019 were issued by the ld. AO for the assessment years 2012-13 to 2018-19. Subsequently, assessment selected

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, all the appeals of the assessee are partly\nallowed

reassessment\nproceedings based on\nmaterial already on\nrecord is bad in law\nRs.56,66,666/-\n3. The assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view of\nnon

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

In the result, all the appeals of the assessee are partly\nallowed

reassessment\nproceedings based on\nmaterial already on\nrecord is bad in law\nRs.56,66,666/-\n3.\nThe assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view of\nnon

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED ,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, all the appeals of the assessee are partly\nallowed

reassessment\nproceedings based\non\nmaterial already\non\nrecord is bad in law\nRs.56,66,666/-\n\n3.\nThe assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view

M/S. GLOBAL STAR REALTORS PRIVATE LIMITED ,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, all the appeals of the assessee are partly\nallowed

reassessment\nproceedings based on\nmaterial already on\nrecord is bad in law | Rs.56,66,666/- | |\n\n3.\nThe assessee has also raised common additional ground in all\nthese appeals, which is as follows:\n\n“The learned Assessing Officer is right in making the assessment u/s 147\ninstead of invoking the jurisdiction u/s 153C/153A in the instant case in view

THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU vs. M/S. BLUELINE FOODS (INDIA) PVT. LTD.,, MANGALURU

133A(3)(iii) from\nvarious persons (as opposed to statements recorded under section\n132(4) (pages 153 to 175)\niv. The summons issued to the Appellant by the Authorized Officer under\nsection 131 of the Act (page 176); and\nv. Repeated references by the learned AO in different parts of the\nimpugned orders to the carrying out of the survey

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 153A of the Act were initiated for A.Ys. 2012-13 to 2017-18, vide notice dt. 31-07-2018 and in response to the notice issued under section 153A of the Act, the assessee filed return of income for each assessment year as on 29th March 2019 declaring income as declared in original return of income filed under section

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-1(2), BANGALORE

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 153A of the Act were initiated for A.Ys. 2012-13 to 2017-18, vide notice dt. 31-07-2018 and in response to the notice issued under section 153A of the Act, the assessee filed return of income for each assessment year as on 29th March 2019 declaring income as declared in original return of income filed under section

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -1(2) , BANGALORE

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 153A of the Act were initiated for A.Ys. 2012-13 to 2017-18, vide notice dt. 31-07-2018 and in response to the notice issued under section 153A of the Act, the assessee filed return of income for each assessment year as on 29th March 2019 declaring income as declared in original return of income filed under section

PROTEIN ENTERTAINMENT PVT LTD.,,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BENGALURU

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 153A of the Act were initiated for A.Ys. 2012-13 to 2017-18, vide notice dt. 31-07-2018 and in response to the notice issued under section 153A of the Act, the assessee filed return of income for each assessment year as on 29th March 2019 declaring income as declared in original return of income filed under section

DOMMALLUR SHIVANNA NANDISH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessee are hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

u/s 153A of the Act were initiated for A.Ys. 2012-13 to 2017-18, vide notice dt. 31-07-2018 and in response to the notice issued under section 153A of the Act, the assessee filed return of income for each assessment year as on 29th March 2019 declaring income as declared in original return of income filed under section