Genisys Integrating System v. DCIT

15 ITR (Trib) 475Income Tax Appellate Tribunal2012#7842 most cited
14

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Judgments citing Genisys Integrating System v. DCIT

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(2), BANGALORE vs. M/S. HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED( FORMERLY KNOWN AS SYMPHONEY TELECA CORPORATION INDIA PRIVATE LIMITED), BANGALORE

In the result, the appeal by the revenue is dismissed

ITA 631/BANG/2016[2011-12]Status: DisposedITAT Bangalore16 Dec 2022AY 2011-12

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.631/Bang/2016 : Asst.Year 2011-2012 The Deputy Commissioner Of M/S.Harman Connected Income-Tax, Circle 3(1)(2) Services Corporation India V. Bangalore. Private Limited (Formerly Symphony Telca Corporation India Pvt. Ltd.) No.3 & 3A, Eoiz Industrial Area, Survey No.85 & 86, Sadarmangala Village, K.R.Puram, Hobli Bangalore – 560 066 Pan : Aabcg5658E. (Appellant) (Respondent) Appellant By : Smt.Tanmayee Rajkumar, Advocate Respondent By : Sri.K.Sankar Ganesh, Jcit-Dr Date Of Pronouncement : 16.12.2022 Date Of Hearing : 15.12.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Revenue Is Directed Against Final Assessment Order Dated 29.01.2016 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2011-2012. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Incorporated Under The Companies Act, 1956. The Assessee Is Engaged In Providing Software Development Services To Its Group Companies As Well As Third Parties. For The Assessment Year 2011-2012, The Return Of Income Was Filed On 30.11.2011 Declaring Gross Total

For Appellant: Smt.Tanmayee Rajkumar, AdvocateFor Respondent: Sri.K.Sankar Ganesh, JCIT-DR
Section 10ASection 143(2)Section 143(3)Section 40Section 92C

…e are to be taken as a comparable for the purpose of making the transfer pricing study. The relevant directions of the DRP reads as follows:- “3.1 This issue has been examined by the Bangalore Bench of the Hon’ble ITAT in Genisys Integrating Systems v. DCIT (15 ITR (Trib) 475), Kodiak Networks v. ACIT (15 ITR (Trib) 610) and Triology e-Business Software India Vs. DCIT ( 23 ITR (trib) 464), which has consistently held that only companies with in the turnover range of Rs.l Crore to Rs.200 Crores should be taken into consideration for the T.P. study in the case of small size companies and turnover range of 200 Cror…

DCIT, BANGALORE vs. M/S AZTEC SOFT LIMITED, BANGALORE

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is treated as allowed

ITA 878/BANG/2014[2005-06]Status: DisposedITAT Bangalore22 Oct 2020AY 2005-06

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

For Appellant: Shri Jaya Krishna, A.RFor Respondent: Shri Priyadarshi Mishra, D.R
Section 10A

…ems Ltd 457.45 (c) L & T Infotech Ltd 562.45 (d) Satyam Computer Services Ltd 3464.20 (e) Infosys Ltd 6859.70 In this regard, the ld CIT(A) followed the decision rendered by Bangalore bench of Tribunal in the case of Genisys Integrating Systems Vs. DCIT (15 ITR (Trib) 475) and certain other decisions, wherein identical view has been expressed. In the above said cases, it was held that the companies having turnover of less than 200 crores cannot be compared with the companies having more than 200 crores. The turnover of the assessee company is Rs.82.34 crores and hence it falls under the category of companies…

DCIT, BANGALORE vs. SRI. JIVHESHWARA CREDIT CO-OPERATIVE SOCIETY LTD.,, BANGALORE

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is treated as allowed

ITA 349/BANG/2014[2010-11]Status: DisposedITAT Bangalore22 Oct 2020AY 2010-11

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

For Appellant: Shri Jaya Krishna, A.RFor Respondent: Shri Priyadarshi Mishra, D.R
Section 10A

…ems Ltd 457.45 (c) L & T Infotech Ltd 562.45 (d) Satyam Computer Services Ltd 3464.20 (e) Infosys Ltd 6859.70 In this regard, the ld CIT(A) followed the decision rendered by Bangalore bench of Tribunal in the case of Genisys Integrating Systems Vs. DCIT (15 ITR (Trib) 475) and certain other decisions, wherein identical view has been expressed. In the above said cases, it was held that the companies having turnover of less than 200 crores cannot be compared with the companies having more than 200 crores. The turnover of the assessee company is Rs.82.34 crores and hence it falls under the category of companies…

MRS. SUVINA KRUPAL,SOMWARPET vs. ITO, MADIKERI

In the result appeal stands allowed as indicated hereinabove

ITA 337/BANG/2014[2004-05]Status: DisposedITAT Bangalore14 Aug 2020AY 2004-05

Bench: Shri. B. R. Baskaran & Smt. Beena Pillai

For Appellant: Shri L Barath, C.AFor Respondent: Shri Manjeet Singh, Addl. CIT – DR
Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A Nos.337/Bang/2014 Assessment Year : 2005-06 M/s CoreOne Technologies The Commissioner of India Pvt. Ltd., Income-tax (Appeals)-IV, (formerly known as M/s Bangalore. CAPCO IT Services India Pvt. Vs. Ltd) Mobius Tower, 2nd Floor, SJRiPark, EPIP Zone I, Whitefiled, Bangalore-560 066. PAN : AACCC 1734 G APPELLANT RESPONDENT IT(TP)A No.204/Bang/2014 Assessment Year : 2005-06 The Income-tax Officer, M/s CoreOne Technologies Ward-2(1)(1), India Pvt. Ltd., Bangalore…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BENGALURU vs. M/S. CSG SYSTEMS INTERNATIONAL PRIVATE LIMITED , BENGALURU

In the result, the appeal of the revenue for Assessment Year 2011-12 is also dismissed

ITA 2643/BANG/2017[2011-12]Status: DisposedITAT Bangalore31 Jul 2019AY 2011-12

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K.R. Vasudevan, Advocate
Section 250Section 253Section 92C(3)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Assessment Appeal No. Appellant Respondent Year M/s. CSG Systems International (India) Private Limited, [Formerly known as The Deputy Independent Technology Commissioner of Income ITA No. Systems (India) Pvt. Ltd.], Tax, 2010-11 2026/Bang/2017 Divyasree Towers, 4th Floor, Circle 11 (3), No. 55, Guruppanna Palya, Bangalore. Madivala Range, Bangalore – 560 029. PAN: AABCI2954B M/s. CSG Systems International (India) IT(TP)A Nos. 2010-11 Private Limited, 2642/Bang…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BENGALURU vs. M/S. CSG SYSTEMS INTERNATIONAL PRIVATE LIMITED, BENGALURU

In the result, the appeal of the revenue for Assessment Year 2011-12 is also dismissed

ITA 2642/BANG/2017[2010-11]Status: DisposedITAT Bangalore31 Jul 2019AY 2010-11

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K.R. Vasudevan, Advocate
Section 250Section 253Section 92C(3)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Assessment Appeal No. Appellant Respondent Year M/s. CSG Systems International (India) Private Limited, [Formerly known as The Deputy Independent Technology Commissioner of Income ITA No. Systems (India) Pvt. Ltd.], Tax, 2010-11 2026/Bang/2017 Divyasree Towers, 4th Floor, Circle 11 (3), No. 55, Guruppanna Palya, Bangalore. Madivala Range, Bangalore – 560 029. PAN: AABCI2954B M/s. CSG Systems International (India) IT(TP)A Nos. 2010-11 Private Limited, 2642/Bang…

CSG SYSTEMS INTERNATIONAL INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(3), BANGALORE

In the result, the appeal of the revenue for Assessment Year 2011-12 is also dismissed

ITA 2026/BANG/2017[2010-11]Status: DisposedITAT Bangalore31 Jul 2019AY 2010-11

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri K.R. Vasudevan, Advocate
Section 250Section 253Section 92C(3)(a)

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Assessment Appeal No. Appellant Respondent Year M/s. CSG Systems International (India) Private Limited, [Formerly known as The Deputy Independent Technology Commissioner of Income ITA No. Systems (India) Pvt. Ltd.], Tax, 2010-11 2026/Bang/2017 Divyasree Towers, 4th Floor, Circle 11 (3), No. 55, Guruppanna Palya, Bangalore. Madivala Range, Bangalore – 560 029. PAN: AABCI2954B M/s. CSG Systems International (India) IT(TP)A Nos. 2010-11 Private Limited, 2642/Bang…

THE PR.COMMISSIONER OF INCOME-TAX, vs. M/S CERNER HEALTHCARE SOLUTIONS PVT.LTD

ITA/490/2017HC Karnataka28 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 10ASection 260

…1/12 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 28TH DAY OF AUGUST 2018 PRESENT THE HON’BLE DR.JUSTICE VINEET KOTHARI AND THE HON’BLE MRS.JUSTICE S.SUJATHA I.T.A. No.490/2017 BETWEEN : 1. THE PR.COMMISSIONER OF INCOME-TAX, 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560 095. 2. THE INCOME-TAX OFFICER WARD -11(1), PRESENT ADDRESS ACIT, CIRCLE-2(1)(1) 2ND FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-506 095. ...APPELLANTS (BY SRI K.V.ARAVIND, AND SRI DILIP, ADVS.) AND : M/s. CERNER HEALTHCARE SOLUTIONS PVT. LT…

PR COMMISSIONER OF INCOME TAX-5 vs. M/S IGEFI SOFTWARE

ITA/69/2016HC Karnataka26 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 10ASection 260Section 260A

…able in view of the decision of the Date of Judgment 26-07-2018 I.T.A.No.69/2016 Pr. Commissioner of Income Tax-5 & Anr. Vs. M/s. IGEFI Software India P. Ltd., 10/17 coordinate bench in the case of Genesis Integrating Systems v. DCIT (15 ITR (Trib) 475). However, according to him, contention of the assessee that the four companies mentioned above were functionally dissimilar could not be accepted since the line of business of the these companies fell within the realm of software development services segment. The result of the directions of the CIT (A) was that following companie…

THE PR.COMMISSIONER OF INCOME-TAX,CIT (A) vs. M/S CERNER HEALTHCARE SOLUTIONS PVT.LTD

ITA/489/2017HC Karnataka05 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 10ASection 260Section 260A

…1/12 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 05TH DAY OF JULY 2018 PRESENT THE HON'BLE Dr.JUSTICE VINEET KOTHARI AND THE HON’BLE Mrs.JUSTICE S.SUJATHA I.T.A.No.489/2017 BETWEEN: 1. THE PR. COMMISSIONER OF INCOME-TAX, CIT(A) 5TH FLOOR, BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560 095. 2. THE INCOME-TAX OFFICER WARD-11(1), PRESENT ADDRESS ACIT, CIRCLE-2(1)(1), 2ND FLOOR BMTC BUILDING 80 FEET ROAD, KORMANGALA BENGALURU-560 095. …APPELLANTS (By Mr. K.V. ARAVIND, ADV.) AND: M/S. CERNER HEALTHCARE SOLUTIONS PVT. LTD., GROUND FLOO…

SWISS RE SHARED SERVICES (INDIA) PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee’s appeal is allowed and the Revenue’s

ITA 1139/BANG/2011[2004-05]Status: DisposedITAT Bangalore03 May 2017AY 2004-05

Bench: Shri. Vijay Pal Rao & Shri. S. Jayaraman

For Appellant: Shri. Sampath Raghunathan, AdvocateFor Respondent: Shri. M. K. Biju, JCIT
Section 10A

…both parties on this issue. It is an admitted fact that the cases which were showing abnormal trading results, as discussed in the earlier paras, by relying on the order of the Bangalore Bench in the case of Genisys Integrating Systems (India) P. Ltd. [2012] 15 ITR (Trib) 475 (Bang), companies showing abnormal results cannot be considered as comparables. It is an admitted view that the companies making abnormal profits as compared to the assessee cannot be considered as comparables while determining the arm's length price. For this purpose we place reliance on the decision of the Special Bench in the case of Dep…

CERNER HEALTHCARE SOLUTIONS PRIVATE LIMITED,BANGALORE vs. ITO, BANGALORE

In the result, the assessee’s appeal is allowed /treated as allowed

ITA 44/BANG/2015[2010-11]Status: DisposedITAT Bangalore16 Jan 2017AY 2010-11

Bench: Shri Sunil Kumar Yadav

For Appellant: Shri.Chavali S. Narayan, CAFor Respondent: Shri. Kamaladhar, Standing Counsel
Section 10ASection 192Section 40

…IT(TP)A.69 & 44/Bang/2015 Page - 1 IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU BENCH 'A', BENGALURU BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI. S. JAYARAMAN, ACCOUNTANT MEMBER I.T(TP).A No.44/Bang/2015 (Assessment Year : 2010-11) Cerner Healthcare Solutions P Ltd, Ground floor, Wing B, Block H2, Mountain Ash, Manyata Embassy Business Park, Outer Ring Road, Nagawara, Bengaluru 560 045 .. Appellant PAN : AACCC3795R v. Income Tax Officer, Ward – 11(1), Bengaluru .. Respondent I.T (TP).A No.69/Bang/2015 (Assessment Year : 2010-11) Income Tax Officer, Ward – 11(1), Bengaluru .. Appellant v. Cer…

ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE vs. M/S LOGICA P LTD, BANGALORE

In the result, assessee’s appeal is allowed for statistical purposes

ITA 1664/BANG/2014[2009-10]Status: DisposedITAT Bangalore18 Mar 2016AY 2009-10

Bench: Shri B. Ramakotaiah & Shri Narendra Kumar Choudhuryit(Tp)A No.1621/Bang/2014 Assessment Year : 2009-10 M/S. Logica Private Limited Deputy Commissioner Of Income (Now Merged With Cgi Information Vs. Tax, Systems & Management Circle-11(5), Consultants Private Limited) Bangalore E-City, Tower 2, 95/1 & 95/2, Electronic City Phase 1 (West), Bangalore Pan: Aaacl3330M Appellant Respondent

For Appellant: Shri T. Surya Narayana, AdvocateFor Respondent: Ms. Neera Malhotra, CIT-DR II
Section 10A

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI NARENDRA KUMAR CHOUDHURY, JUDICIAL MEMBER IT(TP)A No.1621/Bang/2014 Assessment year : 2009-10 M/s. Logica Private Limited Deputy Commissioner of Income (Now merged with CGI Information Vs. Tax, Systems and Management Circle-11(5), Consultants Private Limited) Bangalore E-City, Tower 2, 95/1 & 95/2, Electronic City Phase 1 (West), Bangalore PAN: AAACL3330M APPELLANT RESPONDENT IT(TP)A No.1664/Bang/2014 Assessment year : 2009-10 Asst. Commissioner of Income M/s. Logica Private Limited (Now Tax, Vs. me…

LOGICA PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, assessee’s appeal is allowed for statistical purposes

ITA 1621/BANG/2014[2009-10]Status: DisposedITAT Bangalore18 Mar 2016AY 2009-10

Bench: Shri B. Ramakotaiah & Shri Narendra Kumar Choudhuryit(Tp)A No.1621/Bang/2014 Assessment Year : 2009-10 M/S. Logica Private Limited Deputy Commissioner Of Income (Now Merged With Cgi Information Vs. Tax, Systems & Management Circle-11(5), Consultants Private Limited) Bangalore E-City, Tower 2, 95/1 & 95/2, Electronic City Phase 1 (West), Bangalore Pan: Aaacl3330M Appellant Respondent

For Appellant: Shri T. Surya Narayana, AdvocateFor Respondent: Ms. Neera Malhotra, CIT-DR II
Section 10A

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI NARENDRA KUMAR CHOUDHURY, JUDICIAL MEMBER IT(TP)A No.1621/Bang/2014 Assessment year : 2009-10 M/s. Logica Private Limited Deputy Commissioner of Income (Now merged with CGI Information Vs. Tax, Systems and Management Circle-11(5), Consultants Private Limited) Bangalore E-City, Tower 2, 95/1 & 95/2, Electronic City Phase 1 (West), Bangalore PAN: AAACL3330M APPELLANT RESPONDENT IT(TP)A No.1664/Bang/2014 Assessment year : 2009-10 Asst. Commissioner of Income M/s. Logica Private Limited (Now Tax, Vs. me…