ITAT Bangalore Judgments — December 2020

M/S SPTAGIRI CONSTRUCTIONS,HUBLI vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1), HUBLI

ITA 1771/BANG/2018[2013-14]Status: Disposed31 Dec 2020AY 2013-14Withdrawn

The Tribunal noted that the issues in the appeal were settled under the Vivad Se Vishwas Act. Therefore, the appeal was dismissed as withdrawn.

SMT.SANGEETHA AGARWAL,BANGALORE vs INCOME TAX OFFICER WARD-5(2)(1), BANGALORE, BANGALORE

ITA 334/BANG/2018[2013-14]Status: Disposed31 Dec 2020AY 2013-14Dismissed

The Tribunal noted the assessee's submission regarding the Vivad Se Vishwas Act and accordingly dismissed the appeals as withdrawn. Liberty was granted to the assessee to seek recall if the settlement forms are not accepted.

JUNIPER NETWORKS INDIA PRIVATE LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 2(1), BANGALORE

ITA 1626/BANG/2019[2012-13]Status: Disposed31 Dec 2020AY 2012-13Dismissed

The Tribunal agreed to dismiss the appeals as withdrawn, as per the assessee's request to opt for the Vivad Se Vishwas Scheme. The assessee was granted liberty to seek recall of the order if VSVS formalities were not completed.

M/S KRISHNA GRAMEENA BANK,GULBARGA vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, GULBARGA

ITA 495/BANG/2018[2013-14]Status: Disposed31 Dec 2020AY 2013-14Partly Allowed

The Tribunal upheld the disallowance of provision for leave encashment based on Section 43B(f) of the Income Tax Act. For the bad debts provision, the issue was restored to the Assessing Officer for fresh examination with a direction to the assessee to provide necessary details.

M/S GREEN HILLS SOFTWARE.INC,USA vs THE DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE-2(1), BANGALORE

ITA 3228/BANG/2018[2009-10]Status: Disposed31 Dec 2020AY 2009-10Withdrawn

The Tribunal noted that the issues in the appeal were settled under the Vivad Se Vishwas Act. Therefore, the appeal was dismissed as withdrawn.

M/S. STOVE KRAFT LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 3(1), BANGALORE

ITA 270/BANG/2020[2011-12]Status: Disposed31 Dec 2020AY 2011-12Withdrawn

The Tribunal noted the assessee's submission regarding opting for the Vivad Se Vishwas scheme. Consequently, the appeals were dismissed as withdrawn, with liberty to seek recall if necessary.

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE vs M/S MYNTRA DESIGNS PVT LTD, BANGALORE

ITA 2945/BANG/2018[2012-13]Status: Disposed31 Dec 2020AY 2012-13Dismissed

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act and therefore, no purpose would be served in keeping the appeals pending. The appeals were dismissed as a result.

M/S. STOVE KRAFT LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 3(1), BANGALORE

ITA 273/BANG/2020[2013-14]Status: Disposed31 Dec 2020AY 2013-14Dismissed

The Tribunal dismissed the appeals as withdrawn based on the assessee's submission that they have opted for the Vivad Se Vishwas scheme. Liberty was granted to the assessee to seek recall of the order if their application under the scheme is not accepted.

M/S. STOVE KRAFT LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 3(1), BANGALORE

ITA 274/BANG/2020[2013-14]Status: Disposed31 Dec 2020AY 2013-14Dismissed

The Tribunal dismissed the appeals as withdrawn based on the assessee's submission that they have opted for the Vivad Se Vishwas scheme. Liberty was granted to the assessee to seek recall of the order if their application under the scheme is not accepted.

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE vs M/S MYNTRA DESIGNS PVT LTD, BANGALORE

ITA 2947/BANG/2018[2014-15]Status: Disposed31 Dec 2020AY 2014-15Dismissed

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Consequently, the appeals were dismissed as no purpose would be served in keeping them pending.

SMT JAYANA NARESH GADIA,BANGALORE vs INCOME TAX OFFICER WARD-5(2)(2), BANGALORE

ITA 2800/BANG/2018[2014-15]Status: Disposed31 Dec 2020AY 2014-15Withdrawn

The Tribunal, following its practice in similar cases, dismissed the appeals as withdrawn. However, it granted liberty to the assessees to seek recall of the order if the formalities under the Vivad Se Vishwas Scheme were not completed.

JUNIPER NETWORKS INDIA PRIVATE LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 2(1), BANGALORE

ITA 1629/BANG/2019[2015-16]Status: Disposed31 Dec 2020AY 2015-16Dismissed

The Tribunal agreed to dismiss the appeals as withdrawn, as per the assessee's request to opt for the Vivad Se Vishwas Scheme. The assessee was granted liberty to seek recall of the order if VSVS formalities were not completed.

GREEN HILLS SOFTWARE LLC (FORMERLY KNOWN AS GREEN HILLS SOFTWARE INC),CALIFORNIA vs THE DEPUTY COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), CIRCLE- 2(1), BENGALURU

ITA 1961/BANG/2019[2010-11]Status: Disposed31 Dec 2020AY 2010-11Withdrawn

The Tribunal noted that the issues in the appeal were settled under the Vivad Se Vishwas Act. Therefore, the appeal was dismissed as withdrawn.

M/S J J GLASTRONICS PVT LTD,BANGALORE vs ADDITIONAL COMMISSIONER OF INCOME TAX (TDS) RANGE-16, BANGALORE

ITA 367/BANG/2019[2011-12]Status: Disposed31 Dec 2020AY 2011-12Withdrawn

The tribunal noted that since the assessee had opted for settlement under the Vivad Se Vishwas Act, there was no purpose in keeping the appeal pending. The appeal was dismissed as withdrawn.

M/S. 3TIER R&D INDIA PRIVATE LIMITED,BANGALORE vs DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

ITA 2037/BANG/2016[2011-12]Status: Disposed31 Dec 2020AY 2011-12Withdrawn

The Tribunal acknowledged that the assessee had settled the dispute under the Vivad Se Vishwas Act. Consequently, the appeal was dismissed as withdrawn.

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE vs M/S. ABB GLOBAL INDUSTRIES AND SERVICES PVT LTD, BANGALORE

ITA 1660/BANG/2017[2010-11]Status: Disposed31 Dec 2020AY 2010-11Partly Allowed

The Tribunal allowed the assessee's appeal regarding the forex loss on derivatives, following various High Court and ITAT decisions that such hedging losses are business expenses. The Tribunal also dismissed the revenue's appeal concerning Section 10A and the superannuation fund contribution.

SRI JEMMIS DEVASSY ELUVATHINGAL,BANGALORE vs INCOME TAX OFFICER, WARD- 3(3)(4), BANGALORE

ITA 1616/BANG/2019[2013-14]Status: Disposed31 Dec 2020AY 2013-14Dismissed

The Tribunal dismissed the assessee's appeals as withdrawn, acknowledging the settlement under the Vivad Se Vishwas Act. Liberty was granted to seek recall if circumstances warranted.

M/S. THE GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED,DHARWAD vs THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2(1), HUBLI

ITA 1485/BANG/2019[2015-16]Status: Disposed31 Dec 2020AY 2015-16Allowed

The Tribunal held that the CIT(A)'s analogy equating payments to associate members with non-members was erroneous. It further held that for the relevant assessment year, a co-operative society had no obligation to deduct TDS on interest paid to its members under Section 194A(3)(v) of the Act, as per a Karnataka High Court ruling.

M/S MYNTRA DESIGNS PRIVATE LIMITED,BANGALORE vs DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

ITA 2863/BANG/2018[2014-15]Status: Disposed31 Dec 2020AY 2014-15Dismissed

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act and requested the appeals be treated as withdrawn. Consequently, the Tribunal dismissed both the assessee's and revenue's appeals.

M/S XCHANGING SOLUTIONS LIMITED,BANGALORE vs DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

ITA 558/BANG/2018[20003-04]Status: Disposed31 Dec 2020Dismissed

The Tribunal heard the rival submissions and, in view of the assessee's submission, dismissed the appeal as withdrawn. Liberty was granted to the assessee to apply for recall if necessary.

SMT SANGEETHA AGARWAL,BANGALORE vs INCOME TAX OFFICER WARD-5(2)(1), BANGALORE

ITA 335/BANG/2018[2014-15]Status: Disposed31 Dec 2020AY 2014-15Dismissed

The Tribunal dismissed the appeals as withdrawn based on the assessee's submission of opting for settlement under the Vivad Se Vishwas Act. The assessee was granted liberty to seek recall of the order if the settlement forms were not accepted.

SRI NARESH BHIMRAJ GADIA,BANGALORE vs INCOME TAX OFFICER WARD-5(2)(2), BANGALORE

ITA 2801/BANG/2018[2014-15]Status: Disposed31 Dec 2020AY 2014-15Withdrawn

The Tribunal, following its practice in similar cases, dismissed the appeals as withdrawn. However, it granted liberty to the assessees to seek recall of the order if the formalities under the Vivad Se Vishwas Scheme were not completed.

SRI. PUTTAKEMPE GOWDA,RAMANAGARA vs INCOME TAX OFFICER, WARD- 1, RAMANAGAR

ITA 2219/BANG/2019[2011-12]Status: Disposed31 Dec 2020AY 2011-12Dismissed

The Tribunal agreed to dismiss the appeal as withdrawn, granting the assessee liberty to seek recall of the order if they ultimately opt out of the Vivad Se Vishwas Scheme.

M/S. STOVE KRAFT LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 3(1), BANGALORE

ITA 271/BANG/2020[2012-13]Status: Disposed31 Dec 2020AY 2012-13Dismissed

The Tribunal dismissed the appeals as withdrawn based on the assessee's submission that they have opted for the Vivad Se Vishwas scheme. Liberty was granted to the assessee to seek recall of the order if their application under the scheme is not accepted.

SRI ARAVIND CHHADVA,BANGALORE vs INCOME TAX OFFICER WARD-5(2)(1), BANGALORE

ITA 1393/BANG/2018[2014-15]Status: Disposed31 Dec 2020AY 2014-15Withdrawn

The Tribunal noted that the issues in the appeal were settled under the Vivad Se Vishwas Act. Consequently, the appeal was dismissed as withdrawn.

M/S. INTEGARDEN (INDIA) PRIVATE LIMITED,BENGALURU vs DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1)(1), BENGALURU

ITA 2798/BANG/2017[2011-12]Status: Disposed31 Dec 2020AY 2011-12Withdrawn

The tribunal noted that the issues contested in the appeal were settled under the Vivad Se Vishwas Act. Consequently, the appeal was dismissed as withdrawn.

M/S. XCHANGING SOLUTIONS LIMITED,BENGALURU vs DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION), CIRCLE-2(2), BENGALURU

ITA 2068/BANG/2019[2010-11]Status: Disposed31 Dec 2020AY 2010-11Withdrawn

The Tribunal noted that the issues in the appeal were settled under the Vivad Se Vishwas Act. Therefore, the appeal was dismissed as withdrawn.

JUNIPER NETWORKS INDIA PRIVATE LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 2(1), BANGALORE

ITA 1628/BANG/2019[2014-15]Status: Disposed31 Dec 2020AY 2014-15Dismissed

The Tribunal agreed to dismiss the appeals as withdrawn, as per the assessee's request to opt for the Vivad Se Vishwas Scheme. The assessee was granted liberty to seek recall of the order if VSVS formalities were not completed.

M/S. SUPRA ENERGY PRIVATE LIMITED,BANGALORE vs THE INCOME TAX OFFICER, WARD- 6(1)(4), BANGALORE

ITA 1832/BANG/2019[2014-15]Status: Disposed31 Dec 2020AY 2014-15Withdrawn

The Tribunal noted the assessee's submission regarding opting for the Vivad Se Vishwas scheme. Consequently, the appeal was dismissed as withdrawn.

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE vs M/S MYNTRA DESIGNS PVT LTD, BANGALORE

ITA 2946/BANG/2018[2013-14]Status: Disposed31 Dec 2020AY 2013-14Dismissed

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act and therefore, no purpose would be served in keeping the appeals pending. The appeals were dismissed with liberty to seek recall if warranted.

ASHISH METHA - HUF,BENGALURU vs INCOME TAX OFFICER, WARD- 5(2)(4), BENGALURU

ITA 2407/BANG/2019[2010-11]Status: Disposed31 Dec 2020AY 2010-11Withdrawn

The Tribunal noted that the issues in both appeals were settled under the Vivad Se Vishwas Act. Consequently, the appeals were dismissed as withdrawn.

M/S. STOVE KRAFT LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 3(1), BANGALORE

ITA 269/BANG/2020[2011-12]Status: Disposed31 Dec 2020AY 2011-12Dismissed

The Tribunal dismissed the appeals as withdrawn based on the assessee's submission that they have opted for the Vivad Se Vishwas scheme. Liberty was granted to the assessee to seek recall of the order if their application under the scheme is not accepted.

M/S. STOVE KRAFT LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 3(1), BANGALORE

ITA 272/BANG/2020[2012-13]Status: Disposed31 Dec 2020AY 2012-13Dismissed

The Tribunal dismissed the appeals as withdrawn based on the assessee's submission that they have opted for the Vivad Se Vishwas scheme. Liberty was granted to the assessee to seek recall of the order if their application under the scheme is not accepted.

M/S HUM INDIA FAB PRIVATE LIMITED,BANGALORE vs INCOME TAX OFFICER WARD-3(1)(3), BANGALORE

ITA 1574/BANG/2018[2013-14]Status: Disposed31 Dec 2020AY 2013-14Withdrawn

The tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Since no purpose would be served by keeping the appeal pending, the tribunal dismissed the appeal as withdrawn.

AMIT METHA - HUF,BENGALURU vs INCOME TAX OFFICER, WARD- 5(2)(4), BANGALORE

ITA 2408/BANG/2019[2008-09]Status: Disposed31 Dec 2020AY 2008-09Withdrawn

The Tribunal noted that the assessee had successfully settled the disputes under the Vivad Se Vishwas Act. Consequently, the appeals were dismissed as withdrawn.

ASHISH METHA - HUF,BENGALURU vs THE INCOME TAX OFFICER, WARD- 5(2)(4), BENGALURU

ITA 2406/BANG/2019[2008-09]Status: Disposed31 Dec 2020AY 2008-09Withdrawn

The Tribunal noted that the issues in both appeals were settled under the Vivad Se Vishwas Act. Consequently, the appeals were dismissed as withdrawn.

ABB GLOBAL INDUSTRIES AND SERVICES PVT LTD,BANGALORE vs DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

ITA 1488/BANG/2017[2010-11]Status: Disposed31 Dec 2020AY 2010-11Partly Allowed

The Tribunal allowed the assessee's appeal regarding the forex loss on derivatives, following various High Court and ITAT decisions that such hedging losses are business expenses. The Tribunal also dismissed the revenue's appeal concerning Section 10A and the superannuation fund contribution.

SMT. SHANTHA LAKSHMI JAYARAM,BELLARY vs DEPUTY COMMISSIONER OF INCOME TAX, BELLARY

ITA 2593/BANG/2017[2009-10]Status: Disposed31 Dec 2020AY 2009-10Withdrawn

The tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Therefore, keeping the appeal pending would serve no purpose. The appeal was dismissed as withdrawn.

AMIT METHA - HUF,BENGALURU vs THE INCOME TAX OFFICER, WARD- 5(2)(4), BENGALURU

ITA 2409/BANG/2019[2010-11]Status: Disposed31 Dec 2020AY 2010-11Withdrawn

The Tribunal noted that the assessee had successfully settled the disputes under the Vivad Se Vishwas Act. Consequently, the appeals were dismissed as withdrawn.

M/S MYNTRA DESIGNS PRIVATE LIMITED,BANGALORE vs DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

ITA 2862/BANG/2018[2013-14]Status: Disposed31 Dec 2020AY 2013-14Dismissed

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Since the dispute was settled, the Tribunal found no purpose in keeping the appeals pending.

M/S KONGSBERG DIGITAL SOFTWARE AND SERVICES LIMITED,BANGALORE vs THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

ITA 2056/BANG/2017[2013-14]Status: Disposed31 Dec 2020AY 2013-14Withdrawn

The Tribunal noted that the assessee had settled the dispute under the Vivad Se Vishwas Act and was therefore withdrawing the appeal. The appeal was dismissed as withdrawn.

JUNIPER NETWORKS INDIA PRIVATE LIMITED,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX, TDS CIRCLE- 2(1), BANGALORE

ITA 1627/BANG/2019[2013-14]Status: Disposed31 Dec 2020AY 2013-14Dismissed

The Tribunal agreed to dismiss the appeals as withdrawn, as per the assessee's request to opt for the Vivad Se Vishwas Scheme. The assessee was granted liberty to seek recall of the order if VSVS formalities were not completed.

M/S MYNTRA DESIGNS PRIVATE LIMITED,BANGALORE vs DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

ITA 2861/BANG/2018[2012-13]Status: Disposed31 Dec 2020AY 2012-13Dismissed

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act. Consequently, the appeals were dismissed as no purpose would be served in keeping them pending.

THYAGARAJAN RAJKUMAR,BANGALORE vs DCIT, BANGALORE

ITA 138/BANG/2016[2011-12]Status: Disposed30 Dec 2020AY 2011-12Dismissed

The Tribunal noted that the assessee had opted for settlement under the Vivad Se Vishwas Act and would withdraw the appeal in due course. Therefore, keeping the appeal pending served no purpose.

SRI HANUMANTHIAH,BANGALORE vs INCOME-TAX OFFICER, BANGALORE

ITA 206/BANG/2017[2010-11]Status: Disposed29 Dec 2020AY 2010-11Partly Allowed

The Tribunal, following its earlier decision in the assessee's wife's case, held that the assessee is liable for capital gains. However, the claim for deduction under Section 54F was restored to the Assessing Officer for consideration.

M/S ROTARY EDUCATION SOCIETY,MANDYA vs INCOME TAX OFFICER (EXEMPTIONS) WARD-1, MYSORE

ITA 2141/BANG/2018[2016-17]Status: Disposed29 Dec 2020AY 2016-17Remanded

The Tribunal noted that the CIT(Exemption) had subsequently condoned the delay in filing the audit report in Form 10B. Therefore, the issue was restored to the Assessing Officer for fresh consideration.

M/S. S.S. FAMILY TRUST,BANGALORE vs THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BANGALORE

ITA 727/BANG/2020[2006-07]Status: Disposed29 Dec 2020AY 2006-07Remanded

The Tribunal found that the CIT(A) had dismissed the appeal in limine without considering the merits and that the assessee claimed no hearing notice was served. In the interest of justice, the issues were restored to the CIT(A) for a fresh decision.

ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE vs SHRI.MANOJ ARJUN MENDA, BANGALORE

ITA 1709/BANG/2016[2002-2003]Status: Disposed29 Dec 2020AY 2002-2003Dismissed

The Tribunal dismissed the Revenue's appeal in limine as it was hit by the monetary limits prescribed by the CBDT circular. Liberty was granted to the Revenue to file a recall application if the tax effect exceeded the limit or if the issue fell under exceptions.

M/S PRESTIGE BIDADI HOLDINGS PVT LTD,BANGALORE vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

ITA 1149/BANG/2018[2014-15]Status: Disposed28 Dec 2020AY 2014-15Dismissed

The tribunal allowed the assessee to withdraw the appeals. The withdrawal was based on the assessee opting to settle the disputes under the Vivad Se Vishwas Scheme, 2020.

PALANIAPPAN SOCKALINGAM,CHIKMAGALUR vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, HASSAN

ITA 612/BANG/2019[2015-16]Status: Disposed28 Dec 2020AY 2015-16Partly Allowed

The Tribunal confirmed the rejection of foreign tax credit as the tax was paid by the father and not the assessee. However, the two additional grounds raised by the assessee were restored to the AO for examination.