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

reassessment proceedings is void an bad in law. • Without prejudice to the above there was no reason to believe that assessee's income had escaped assessment. • Without prejudice to the above, the reasons recorded for reopening of assessment proceedings u/s 147 is only based on factually incorrect statement recorded u/s 131 which is not corroborated by any evidences. Thus, such

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

reassessment proceedings is void an bad in law. • Without prejudice to the above there was no reason to believe that assessee's income had escaped assessment. • Without prejudice to the above, the reasons recorded for reopening of assessment proceedings u/s 147 is only based on factually incorrect statement recorded u/s 131 which is not corroborated by any evidences. Thus, such

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

reassessment proceedings is void an bad in law. • Without prejudice to the above there was no reason to believe that assessee's income had escaped assessment. • Without prejudice to the above, the reasons recorded for reopening of assessment proceedings u/s 147 is only based on factually incorrect statement recorded u/s 131 which is not corroborated by any evidences. Thus, such

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

reassessment proceedings is void an bad in law. • Without prejudice to the above there was no reason to believe that assessee's income had escaped assessment. • Without prejudice to the above, the reasons recorded for reopening of assessment proceedings u/s 147 is only based on factually incorrect statement recorded u/s 131 which is not corroborated by any evidences. Thus, such

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

In the result, appeals of the assessee in ITA Nos

147 of the Act. Hence unless there is any incriminating material\nfound during the course of search relatable to such concluded year, the statute\ndoes not confer any power on the ld AO to disturb the findings given thereon and\nincome determined thereon, as finality had already been reached thereon, and\nsuch proceeding was not pending on the date

M/S. CRYSTAL GRANITE AND MARBLE PRIVATE LIMITED,RAMANAGARAM vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes and Stay Petition is dismissed as infructuous

Bench: Shri George George K & Shri Laxmi Prasad Sahus.P No.29/Bang/2023 Assessment Year: 2017-18

147 of the Act. This was the only notice issued to the appellant intimating the reason for selection for reassessment and calling for information and documents to prove that why the addition should not be made. The copy of the notice is enclosed hereto as Annexure 6 of this paper book. b. The reason for selection of reassessment in appellant

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

147 Taxman 26); f. SC in Avadh Kishore Das (1979 4 SCC 790) and g. Kashmira Singh (1952 1 SCC 275); Ruling of the Jurisdictional ITAT in D Dasappa v. DCIT h. (ITA Nos.2222 & 2223/Bang/2016, dated 09.02.2022). 4.28 He submitted that the fact that Sri Janardhan was maintaining books of accounts of the vendors and hence, some papers of these

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

147 Taxman 26); f. SC in Avadh Kishore Das (1979 4 SCC 790) and g. Kashmira Singh (1952 1 SCC 275); Ruling of the Jurisdictional ITAT in D Dasappa v. DCIT h. (ITA Nos.2222 & 2223/Bang/2016, dated 09.02.2022). 4.28 He submitted that the fact that Sri Janardhan was maintaining books of accounts of the vendors and hence, some papers of these

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

147 Taxman 26); f. SC in Avadh Kishore Das (1979 4 SCC 790) and g. Kashmira Singh (1952 1 SCC 275); Ruling of the Jurisdictional ITAT in D Dasappa v. DCIT h. (ITA Nos.2222 & 2223/Bang/2016, dated 09.02.2022). 4.28 He submitted that the fact that Sri Janardhan was maintaining books of accounts of the vendors and hence, some papers of these

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

147 Taxman 26); f. SC in Avadh Kishore Das (1979 4 SCC 790) and g. Kashmira Singh (1952 1 SCC 275); Ruling of the Jurisdictional ITAT in D Dasappa v. DCIT h. (ITA Nos.2222 & 2223/Bang/2016, dated 09.02.2022). 4.28 He submitted that the fact that Sri Janardhan was maintaining books of accounts of the vendors and hence, some papers of these

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

bogus so as to disallow the same and brought to tax as\nundisclosed income of the assessee.\n5.7 Further, there was a CBDT circular file no.286/98/2013-IT\n(Inv.II) dated 18.12.2014 which states as under:\n“Instances/complaints of undue influence/coercion have come to notice of\nthe CBDT that some assessees were coerced to admit undisclosed income\nduring Searches/Surveys conducted

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

bogus so as to disallow the same and brought to tax as\nundisclosed income of the assessee.\n5.7 Further, there was a CBDT circular file no.286/98/2013-IT\n(Inv.II) dated 18.12.2014 which states as under:\n“Instances/complaints of undue influence/coercion have come to notice of\nthe CBDT that some assessees were coerced to admit undisclosed income\nduring Searches/Surveys conducted

SHRI.J M VRUSHABENDRAIAH ,HOSPET vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

The appeal of the assessee is partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

u/s 37 r.w.s. 40A(3) of the Act. e. The Assessee wishes to submit that the reasons recorded by the learned AO are merely reasons to suspect and there is no belief that the income has escaped assessment. It is submitted that the provisions of section 147 of the Act require that the AO should have reasons to believe that

INCOME TAX OFFICER, WARD - 3(2)(3), BANGALORE vs. SRI MADE GOWDA THIBBE GOWDA, BANGALORE

In the result, the appeal of the revenue is dismissed and CO of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2008-09

Purchaser of the property on behalf of whom the assessee rendered various services to various properties in and around Bangalore and received Rs.2.55 crores as brokerage/commission which was not disclosed to the department. This information came to the knowledge of the department in the course of search action on K.G. Krishna on 5.11.2012 on information from DDIT(Inv), Unit

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,MANGALORE, MANGALORE vs. RAJ DIAMONDS, MUMBAI

In the result the appeal of the Revenue is dismissed &

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2018-19

147 of the Act dated 31/03/2023 by making addition of Rs.2,49,23,294/- being purchases from M/s. M/s. Tanman Jewels Pvt Ltd amounting to Rs.1,29,19,954/- and M/s. Vallabh Diamonds Pvt Ltd amounting to Rs.1,20,03,330/- by holding that the two entities are conclusively proved as bogus that performs accommodation entry operations to bring unaccounted

MAHENDRA KUMAR ,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, BENGALURU

In the result, the revisionary order passed u/s

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2017-18

bogus sales, he submitted that only information is tax evasion petition which has mentioned name of the person and the amount, but there is no evidence of such cash sales made by the assessee out of books. He also referred to reply received from the parties and stated that those parties have also not confirmed any cash sales made

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

u/s 148 for several years to the assessee cannot be equated with recording of combined reasons 148 for several years because, in reply to notice u/s 148, the assessee is required to make compliance within a prescribed time by filing return of income but by recording of reasons for reassessment, the action is to be taken by the AO only

LAXMIPAT DUDHERIA ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

u/s 148 for several years to the assessee cannot be equated with recording of combined reasons 148 for several years because, in reply to notice u/s 148, the assessee is required to make compliance within a prescribed time by filing return of income but by recording of reasons for reassessment, the action is to be taken by the AO only