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

bogus. The\nassessee had moved a miscellaneous application, which was\nrejected inter-alia on the ground that no specific plea with\nregard to assessee did purchases, rice bran from M/s. R.K.R.K.\nor some other person or as did go into the process of\nmanufacturing the oil. It was held that the cost of such\npurchases may be worked

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

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

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

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

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

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

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

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

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

purchases recorded in the computer of the assessee firm containing date wise purchases made by the assessee from Malpe were found. When confronted, the partner present during the course of the survey proceedings, clarified that the purchases under the column "MalpePur Actual" represented the actual purchases for which payments had been made by NEFT/RTGS and ITA Nos.62 to 66/Bang/2023

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

bogus. 6.2 Later, the statement of Janardan V., was confronted to Suresh Gowda, Executive Director of the assessee company. In his statement recorded u/s 132(4) of the Act on 9.12.2011, he has stated that these 3 parties are suppliers of bottles and grapes. They have the goods receipt for supply of the goods. However, he submitted that he wishes

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

bogus. 6.2 Later, the statement of Janardan V., was confronted to Suresh Gowda, Executive Director of the assessee company. In his statement recorded u/s 132(4) of the Act on 9.12.2011, he has stated that these 3 parties are suppliers of bottles and grapes. They have the goods receipt for supply of the goods. However, he submitted that he wishes

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

bogus. 6.2 Later, the statement of Janardan V., was confronted to Suresh Gowda, Executive Director of the assessee company. In his statement recorded u/s 132(4) of the Act on 9.12.2011, he has stated that these 3 parties are suppliers of bottles and grapes. They have the goods receipt for supply of the goods. However, he submitted that he wishes

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

bogus. 6.2 Later, the statement of Janardan V., was confronted to Suresh Gowda, Executive Director of the assessee company. In his statement recorded u/s 132(4) of the Act on 9.12.2011, he has stated that these 3 parties are suppliers of bottles and grapes. They have the goods receipt for supply of the goods. However, he submitted that he wishes

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

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding the documentary evidences in the form of agreements, email correspondences and other supporting documents which proves the necessity, reasonability and the corresponding tangible benefits accruing from the service received from its AE.” 7.1 Ground No.I

M/S LIFESTYLE INTERNATIONAL PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding the documentary evidences in the form of agreements, email correspondences and other supporting documents which proves the necessity, reasonability and the corresponding tangible benefits accruing from the service received from its AE.” 7.1 Ground No.I

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding the documentary evidences in the form of agreements, email correspondences and other supporting documents which proves the necessity, reasonability and the corresponding tangible benefits accruing from the service received from its AE.” 7.1 Ground No.I

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE vs. M/S LIFESTYLE INTERNATIONAL PVT LTD , BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding the documentary evidences in the form of agreements, email correspondences and other supporting documents which proves the necessity, reasonability and the corresponding tangible benefits accruing from the service received from its AE.” 7.1 Ground No.I

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S. LIFESTYLE INTERNATIONAL (P) LTD.,, BANGALORE

In the results appeal filed by assessee for assessment year

Bench: Shri Chandra Poojari & Smt Beena Pillai

transfer pricing analysis and hence disallowance under section 40A(2) of the Act is bad in law. 4. The learned CIT(A) erred in disregarding the documentary evidences in the form of agreements, email correspondences and other supporting documents which proves the necessity, reasonability and the corresponding tangible benefits accruing from the service received from its AE.” 7.1 Ground No.I

WIPRO GE HEALTHCARE PRIVATE LIMITED (EARLIER KNOWN AS GE MEDICAL SYSTEMS INDIA PRIVATE LIMITED),BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

In the result, the appeal filed by the assessee in IT(TP)A No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

price of international transactions. Before parting, we may also refer to the transfer pricing order for assessment year 2013-14 in assessee's own case, wherein Cades Digitech Pvt. Ltd. was considered as comparable for design engineering segment. Further, the Delhi Bench of Tribunal in Bechtel India Pvt. Ltd. Vs. DCIT in ITA No.1478/Del/2015, relating to assessment year

WIPRO GE HEALTHCARE PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

In the result, the appeal filed by the assessee in IT(TP)A No

Bench: Shri Chandra Poojari & Smt. Beena Pillai

price of international transactions. Before parting, we may also refer to the transfer pricing order for assessment year 2013-14 in assessee's own case, wherein Cades Digitech Pvt. Ltd. was considered as comparable for design engineering segment. Further, the Delhi Bench of Tribunal in Bechtel India Pvt. Ltd. Vs. DCIT in ITA No.1478/Del/2015, relating to assessment year

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

bogus purchase made without appreciating that the entire purchases made were genuine & accordingly prayed that the entire addition may be deleted. 10. We have heard the rival submissions & perused the materials available on record. It is an undisputed fact that the assessee firm filed its return of income for the Asst. year 2018-19 on 05/10/2018 by declaring the total