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

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

68 of the Act. 10.7 The ld. A.R. for the assessee placed reliance on the decision of the Pullangode Rubber Produce Co. Ltd. v. State of Kerala [1973] 19l ITR 18(SC)wherein it was held as under: "Entries made by the assessee in the account books treating a portion of the general expenditure as expenses ITA Nos.1457, 1466, 1467/Bang/2012

M/S. UNITED SPIRITS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BENGALURU

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2701/Bang/2017 : Asst.Year 2013-2014 M/S.United Spirits Limited The Deputy Commissioner Of Ub Towers, Income-Tax, Circle 7(1)(1) V. No.24 Vittal Mallya Road Bangalore. Bangalore – 560 001. Pan : Aaccm8043J. (Appellant) (Respondent) Appellant By : Sri.Percy Pardiwala, Senior Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 05.04.2022 Date Of Hearing : 24.03.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 12.10.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Manufacture & Sale Of Alcoholic Beverage. The Assessee Filed Its Return Of Income For The Assessment Year 2013-2014 On 28.11.2013 Which Was Selected For Scrutiny Assessment. During The Course Of Assessment, The Assessee’S Case Was Also Referred To The Transfer Pricing Officer (Tpo). The Tpo Vide Order Dated 26.10.2016, Recommended Transfer Pricing Adjustments. The A.O., Thereafter, Passed A Draft Assessment Order Dated 30.12.2016. 2 It(Tp)A No.2701/Bang/2017 M/S.United Spirits Limited.

68,60,16,563 from Whyte & Mackay B. Corporate Tax 4. Disallowance under section 14A of the 48,04,00,000 I.T.Act r.w.r 8D. 5. Disallowance u/s 36(1)(iii) of the Act. 1,40,46,63,276

THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. M/S SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA , BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. SRI V C CHARANTIMATH , BAGALKOT

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. M/S SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA , BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SAGHA,BAGALKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA,BAGALKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), , BENGALURU

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU vs. M/S. SRI. BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA, BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

SRI BASAVESHWAR VEERSHAIVA VIDYAVARDHAK SANGHA,BAGALKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. M/S SRI BASAVESHWAR VEERASHAIVA VIDYAVARDHAK SANGHA , BAGALKOTE

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. SRI.V.C.CHARANTIMATH , BAGALKOT

In the result, the assessee’s appeals in ITA Nos

Bench: Shri Chandra Poojari & Smt. Beena Pillai

276 12-13 Rs.16,52,15,912 Rs. 12,88,68,411 Rs. 1,18,28,607 Rs. 11,70,39,804 13-14 Rs. 11,80,24,087 (as per Rs. 13,10,58,788 Rs. 60,32,248 Rs.12,50,26,540 Tally accounts seized

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

section 153C of the Act\nnamely discretionary in assets/documents in the course of search\nconducted in the case of any person that belong to the assessee and\nis relevant for computing the income of the assessee for the year\nunder appeal is totally absent.\n3. The facts of the issue are that there was a search

JOHN DEVELOPERS ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

68,805 5 2014-2015 3,39,72,356 6 2015-2016 4,03,73,597 Total 15,10,05,646 14.1 She submitted that the assessee company has offered a sum of Rs.2,23,19,384/- in its return of income as admitted during the search. From above it is clear case of concealment of income by the assessee

M/S. PAUL RESORTS & HOTELS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return

M/S. PAUL RESORTS & HOTELS PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return

JOHN DEVELOPERS,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return

M/S. PAUL RESORTS & HOTELS PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1) , BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return

JOHN DISTILLERIES PVT LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals of the assessee in ITA No

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 292B of the Act lacks merit as the plain language of the said Section makes it abundantly clear that this provision condones the invalidity which may arise merely by mistake, defect or omission in notice. The said Section reads as under: - 292-B. Return of income, etc., not to be invalid on certain grounds.—No return