ABB FZ-LLC,BANGALORE vs. ITO, BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

business and consequently since it does not have a PE in India, payments made to IBM-Philippines are not chargeable to tax in India. The assessee contends that without prejudice to the above submission, if Article 7 of the DTAA is not applicable, the payments would be covered by Article 23 of the DTAA which deals with ‘Other Income

DCIT, BANGALORE vs. M/S NSL SUGARS LTD.,, BANGALORE

In the result, the appeal by the revenue in ITA No

Bench: Shri N V Vasudevan & Shri A K Garodiaassessment Year : 2011-12

income from business. 20. Before the CIT(Appeals), the assessee submitted that the harvesting charges are nothing but payment for purchase of sugarcane from the farmers and that payment by any stretch of imagination cannot be considered as a payment to a contractor for carrying out any work as contemplated u/s. 194C of the Act. In this regard, the assessee

M/S NSL SUGARS LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

In the result, the appeal by the revenue in ITA No

Bench: Shri N V Vasudevan & Shri A K Garodiaassessment Year : 2011-12

income from business. 20. Before the CIT(Appeals), the assessee submitted that the harvesting charges are nothing but payment for purchase of sugarcane from the farmers and that payment by any stretch of imagination cannot be considered as a payment to a contractor for carrying out any work as contemplated u/s. 194C of the Act. In this regard, the assessee

SHARADAMBA ENTERPRISES,HUBLI vs. ASST.C.I.T., HUBLI

In the result, the appeal filed by the assessee-firm is partly allowed for statistical purposes

Bench: Shri George George K & Shri Inturi Rama Raom/S.Sharadama Enterprises, Station Road, Hubli. … Appellant Pan:Abofs 5233 J Vs Asst. Commissioner Of Income-Tax, Circle 1(1), Hubli. … Respondent

TDS. Page 2 of 9 2. The learned Assessing Officer has erred in making various disallowances/additions to the income returned and the Learned CIT(A) has erred in confirming the same. The additions/disallowances as done/confirmed being contrary to available facts and the law applicable are to be deleted and the income as returned by the appellant is to be accepted

SRI. SENAPATHY GOPALAKRISHNAN,BANGALORE vs. INCOME TAX OFFICER, WARD- 3(1)(4), BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri D.S. Sunder Singhassessment Year: 2016-17

business or profession (4,52,77,277) Capital Gains 50,94,610 Income from other sources 8,52,08,107 Total 5,30,54,460 Less: Brought forward loss (38,19,775) Gross total income 4,92,34,685 Deduction u/s 80G (12,00,00, 000 ) 4.92,34.685) 80TTA (10,000) 0 Total Income Prepaid taxes (4.92,34.685) TDS

SHRI. KANTHULA RAVISHANKAR,,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

In the result, the assessee’s appeal for asst

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazkanthula Ravishanker, ‘Ravshan’ No.7, Bruton Road, Bangalore. . Appellant Vs. The Asst. Commissioner Of Income-Tax, Circle-2(3)(1), Bangalore . Respondent Appellant By : Shri A.C Raju, C.A Respondent By : Shri B.R Ramesh, Cit Date Of Hearing : 03-1-2018 Date Of Pronouncement : 19-1-2018 O R D E R Per Shri Jason P Boaz: This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income-Tax (Appeals) – 7, Bangalore Dated 30/8/2016 For Asst. Year 2012-13. 2. Briefly Stated, The Facts Of The Case Are As Under:- 2.1 The Assessee, Prop. K.K Corporation, Engaged In Business As Selling Agents For M/S Raymonal Ltd., Products For The States Of Ita No.1897/B/16 2

business as selling agents for M/s Raymonal Ltd., products for the states of ITA No.1897/B/16 2 Karnataka Goa, filed his return for asst. year 2012-13 on 30/9/2012 declaring income of Rs.3,92,56,910/-. The case was taken up for scrutiny and the assessment was completed u/s 143(3) of the Income- tax Act, 1961 (in short

M/S. BANGALORE INTERNATIONAL AIRPORT LIMITED,BANGALORE vs. COMMISSIONER OF INCOME TAX (APPEALS)- 1, BANGALORE

The appeal of the assessee is partly allowed, whereas the revenue’s appeal is dismissed

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2013-14

TDS credit of INR 113,126. Tax effect: Reduction in refund - INR 113,126 4. Initiation of penalty proceedings That the AO have erred in facts and law in initiating proceedings under Section 271(1)(c) of the Act 5. Relief That the Appellant prays that directions be given to grant all such relief and arising from the above grounds

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(2), BANGALORE vs. M/S. BANGALORE INTERNATIONAL AIRPORT LIMITED, BANGALORE

The appeal of the assessee is partly allowed, whereas the revenue’s appeal is dismissed

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2013-14

TDS credit of INR 113,126. Tax effect: Reduction in refund - INR 113,126 4. Initiation of penalty proceedings That the AO have erred in facts and law in initiating proceedings under Section 271(1)(c) of the Act 5. Relief That the Appellant prays that directions be given to grant all such relief and arising from the above grounds

INCOME TAX OFFICER,WARD-1, HOSPET vs. GAYATRI PATTINA SOUHARDA SAHAKARI SANGHA NIYAMITHA, HOSPET, HOSPET

In the result appeal filed by the Revenue is partly allowed for statistical purposes

business of banking or a financial institution and not a society under Cooperative Societies Act 1959 and accordingly deduction claimed u/s 80P on the profits of the entity is disallowed and the entire profits shown in its P&L Account is required to be taxed as if any other person (AOP) in the Act. Hence, a sum of Rs.34

M N DASTUR & COMPANY PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BANGALORE

In the result, the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

business of engineering and software service. Perusal of income tax return for A Y 2015-16 'reveals that the appellant had claimed TDS

M N DASTUR & COMPANY PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BANGALORE

In the result, the appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

business of engineering and software service. Perusal of income tax return for A Y 2015-16 'reveals that the appellant had claimed TDS

PREMA KUMARI ,BANGALORE vs. ACIT, CIRCLE-4(3)(1), BANGALORE

In the result, the appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

TDS under section 194C of the Act does not imply that the entire income becomes business income. The . ITA Nos.75

PREMA KUMARI,BANGALORE vs. INCOME TAX OFFICER, WARD-2(2)(1), BANGALORE

In the result, the appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

TDS under section 194C of the Act does not imply that the entire income becomes business income. The . ITA Nos.75

M/S HMA DATA SYSTEMS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(4), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri A K Garodiaassessment Year: 2010-11

business of assessee as ATM suppliers had considerably increased and streams of revenue also increased. It was therefore submitted that assessee should be allowed deduction. 18. The ld. DR relied on the order of CIT(Appeals) and brought to our notice that the order of Tribunal for AY 2009-10 was not relevant because in that assessment year

MR. SYED SAMEE,MYSORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE 1(1) & TPS, MYSORE

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

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2018-19

business on the facts and circumstances of the case. c. That the appellant has rightly estimated his income at the rate of 6% by relying on the rate specified under the first proviso to section 44AD(1) of the Act as the contract receipts have been received through banking channels after suffering from TDS

DCIT, BANGALORE vs. M/S CORE OBJECTS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by assessee stands allowed as indicated hereinabove and appeal filed by revenue stands allowed partly

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.517/Bang/2015 Assessment Year : 2010-11

TDS on the purchase of software and also on legal and professional fees. 8. On the facts and in the circumstances of the case the Dispute Resolution Panel erred in not appreciating that the sub leased rental income is taxable without any adjustment against the business

DIVYA DINESH ,BENGALURU vs. DCIT, CIRCLE-7(1)(1), BANGALORE

In the result appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

Business Income Rs. 4,50,000/- C. Short term capital gain taxable at normal rate Rs. 58,95,682/- (Rs. 63,96,143 minus brought forward loss of Rs. 5,00,461) D. Interest Income Rs. 1,16,275/- Total (A+B+C+D) Rs. 68,81,000/- 4.2 Further, the assessee against the taxable income at normal slab rate

I-VEN MEDICARE INDIA PVT LTD ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(3), BANGALORE

In the result appeal filed by assessee for all years under consideration are allowed for statistical purposes

Bench: Shri B.R.Baskaran & Smt.Beena Pillai, Judical Member

income from business. ITA Nos.408,2677 & 976(B)/2018 12 8. We have perused submissions advanced by both sides in the light of the records placed before us. It is observed that assessee invested in shares of specific healthcare provider companies, as mentioned hereinabove during years under consideration. From objectives of assessee in Memorandum of Association placed in paper books