M/S Honeywell Technology Solutions Lab Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(2), Bangalore
In the result, the assessee's appeal is partly allowed
ITA 1210/BANG/2018[2010-11]Status: DisposedITAT Bangalore07 Jan 2021AY 2010-11
Bench: Shri N.V. Vasudevan & Shri Chandra Poojarim/S. Honeywell Technology Solutions Lab Pvt. Ltd., 151/1, Bannerghata Road, Doraisanpalya, Bangalore-560 076 ….Appellant Pan Aaach 4151J Vs. Dy. Commissioner Of Income Tax, Circle 3(1)(2), Bangalore. ……Respondent. Assessee By: Smt. Shreya Loyalka, C.A. Revenue By: Shri B.K. Panda, Cit (D.R)
For Appellant: Smt. Shreya Loyalka, C.AFor Respondent: Shri B.K. Panda, CIT (D.R)
Section 80J
…Ld. DR, it is an event which takes place after the income is earned, impliedly to mean that payment of surtax is an application of the profits. The Ld. DR relied on the judgment of the Hon'ble Apex Court in the case of Smith Kline & French India Ltd. vs. CIT, 219 ITR 581 wherein it was held that surtax falls within the mischief of Section 40(a)(ii) of the Act and cannot be allowed as a deduction. 15.4 The Ld. DR submitted that the assessee has relied on decision of ITAT Bangalore in Aptean India Pvt Ltd which follows the judgments of Hon'ble Bombay HC and Hon'ble Rajasthan HC. Here, the Ld. DR submitted that th…
