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

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Keshav Dubey

132(4) of the Act in respect of bogus purchases. Since the facts are similar in all these assessment years, we consider the facts in assessment year 2013-14. 2.2 The appellant is engaged in the production of fish meal and extraction of fish oil. A search and seizure operation under Section

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

132(4) from Sri K. Mohammed Haris, the Director\nwho handled the day-to-day affairs of the company, the statement\nrecorded from Sri Mohammed Shareef, Accountant, during the\ncourse of search proceedings was shown to him which contained\nthe list of bogus purchases made in the books of the assessee. Sri\nK. Mohammed Haris admitted that bogus purchase entries

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

132(4) from Sri K. Mohammed Haris, the Director\nwho handled the day-to-day affairs of the company, the statement\nrecorded from Sri Mohammed Shareef, Accountant, during the\ncourse of search proceedings was shown to him which contained\nthe list of bogus purchases made in the books of the assessee. Sri\nK. Mohammed Haris admitted that bogus purchase entries

SRI. MARUTHIVANDITH REDDY MANNUR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeal of the assessee in ITA No

purchases, is non-existent in the present case. In the said\ncase, there was a factual finding to the effect that the Assessees were habitual\noffenders, indulging in clandestine operations whereas there is nothing in the\npresent case, whatsoever, to suggest that any statement made by Mr. Anu\nAggarwal or Mr. Harjeet Singh contained any such admission.”\n5.6 Further

SRI. MARUTHIVANDITH REDDY MANNUR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeal of the assessee in ITA No

purchases, is non-existent in the present case. In the said\ncase, there was a factual finding to the effect that the Assessees were habitual\noffenders, indulging in clandestine operations whereas there is nothing in the\npresent case, whatsoever, to suggest that any statement made by Mr. Anu\nAggarwal or Mr. Harjeet Singh contained any such admission.”\n5.6 Further

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

132(4) from Sri K. Mohammed Haris, the Director\nwho handled the day-to-day affairs of the company, the statement\nrecorded from Sri Mohammed Shareef, Accountant, during the\ncourse of search proceedings was shown to him which contained\nthe list of bogus purchases made in the books of the assessee. Sri\nK. Mohammed Haris admitted that bogus purchase entries

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 purchases and offered them as additional income, but the amount declared in the return was less than what was admitted.", "held": "The Tribunal held that additions cannot be made solely based on statements recorded under Section 132(4

DCIT, CENTRAL CIRCLE-1(3), BAENGALURU vs. LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 132 (4) has evidentiary value and accordingly the addition was confirmed. Against this assessee is in appeal before us. 22. With respect to the bogus purchases

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 132 (4) has evidentiary value and accordingly the addition was confirmed. Against this assessee is in appeal before us. 22. With respect to the bogus purchases

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 132 (4) has evidentiary value and accordingly the addition was confirmed. Against this assessee is in appeal before us. 22. With respect to the bogus purchases

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

section 132 (4) has evidentiary value and accordingly the addition was confirmed. Against this assessee is in appeal before us. 22. With respect to the bogus purchases

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

section 153C of the Act. On the other\nhand, ld. D.R. submitted that the statement recorded u/s 132(4) of\nthe Act is not void-ab-initio and it is evident that the assessee has\nmade admission of bogus purchase