MR. A. MOHIUDDIN,MANGALORE vs. ACIT, MANGALORE

In the result, the appeals of the assessees in ITA

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

TDS is required to be deducted if the deemed divided is sustained, there is no tax payable at all and ITA Nos.1223/B/10, 163 to 167/B/11, 1118 & 1088/B/12 Page 34 of 37 consequently, the levy of interest u/s.234A[3], 234B[3] and 234C are misconceived and unauthorized and liable to be cancelled. 6. For the above and other grounds that

MR. A. MOHIUDDIN,,MANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX,, MANGALORE

In the result, the appeals of the assessees in ITA

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

TDS is required to be deducted if the deemed divided is sustained, there is no tax payable at all and ITA Nos.1223/B/10, 163 to 167/B/11, 1118 & 1088/B/12 Page 34 of 37 consequently, the levy of interest u/s.234A[3], 234B[3] and 234C are misconceived and unauthorized and liable to be cancelled. 6. For the above and other grounds that

ACIT, MANGALORE vs. MRS. SHAHANAZ MOHIUDDIN, MANGALORE

In the result, the appeals of the assessees in ITA

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

TDS is required to be deducted if the deemed divided is sustained, there is no tax payable at all and ITA Nos.1223/B/10, 163 to 167/B/11, 1118 & 1088/B/12 Page 34 of 37 consequently, the levy of interest u/s.234A[3], 234B[3] and 234C are misconceived and unauthorized and liable to be cancelled. 6. For the above and other grounds that

MR. A. MOHIUDDIN,MANGALORE vs. ACIT, MANGALORE

In the result, the appeals of the assessees in ITA

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

TDS is required to be deducted if the deemed divided is sustained, there is no tax payable at all and ITA Nos.1223/B/10, 163 to 167/B/11, 1118 & 1088/B/12 Page 34 of 37 consequently, the levy of interest u/s.234A[3], 234B[3] and 234C are misconceived and unauthorized and liable to be cancelled. 6. For the above and other grounds that

MRS. SHAHANAZ MOHIUDDIN,MANGALORE vs. ACIT, MANGALORE

In the result, the appeals of the assessees in ITA

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

TDS is required to be deducted if the deemed divided is sustained, there is no tax payable at all and ITA Nos.1223/B/10, 163 to 167/B/11, 1118 & 1088/B/12 Page 34 of 37 consequently, the levy of interest u/s.234A[3], 234B[3] and 234C are misconceived and unauthorized and liable to be cancelled. 6. For the above and other grounds that

MR. A. MOHIUDDIN,MANGALORE vs. ACIT, MANGALORE

In the result, the appeals of the assessees in ITA

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

TDS is required to be deducted if the deemed divided is sustained, there is no tax payable at all and ITA Nos.1223/B/10, 163 to 167/B/11, 1118 & 1088/B/12 Page 34 of 37 consequently, the levy of interest u/s.234A[3], 234B[3] and 234C are misconceived and unauthorized and liable to be cancelled. 6. For the above and other grounds that

INCOME TAX OFFICER TDS WARD-1, BALLARI vs. M/S SAI KRISHNA MINERALS PVT LTD , HOSPET

In the result, the appeals filed by the revenue are allowed

Bench: Shri Inturi Rama Rao & Shri Lalit Kumar

deemed dividend u/s 2(22)(e), should not suffer TDS u/s 194, by invoking provisions of section 115O and further

INCOME TAX OFFICER TDS WARD-1, BALLARI vs. M/S SAI KRISHNA MINERALS PRIVATE LIMITED , HOSPET

In the result, the appeals filed by the revenue are allowed

Bench: Shri Inturi Rama Rao & Shri Lalit Kumar

deemed dividend u/s 2(22)(e), should not suffer TDS u/s 194, by invoking provisions of section 115O and further

DEPUTY COMMISSIONER OF INCOME-TAX(TDS), BANGALORE vs. M/S DUSTERS TOTAL SOLUTIONS (P)LTD, BANGALORE

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

TDS officer has come to the conclusion that the above payments are in the nature of deemed dividend liable to tax deduction

DUSTERS TOTAL SOLUTIONS SERVICES PVT. LTD.,,BANGALORE vs. ACIT, BANGALORE

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

TDS officer has come to the conclusion that the above payments are in the nature of deemed dividend liable to tax deduction

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

deemed income u/s 198 of the Act and adding the TDS as income of the assessee. ITA No.1897/B/16 3 3.3 Before us, the ld AR for the assessee put forth oral submissions before the Bench which were a reiteration of the written submissions dated 3/1/2018 which are extracted below:- “2. The Appellant is following the cash system of accounting

MR.M J ARAVIND ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(3)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2011-12

TDS on the income in question also has been claimed by the assessee. Hence, the AR Was asked to explain the reason for claiming the interest income in the AY:2012- 13 instead of AY:2011-12. The AR in his submission dated 19/12/2016 explained that he has not received any interest income in FY:2010-11 relevant

S.M. ARSHAD,MANGALORE vs. DCIT, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raoshri S.M.Arshad, Flat No.604, Door No.14-2-175-40, Light House Condominium, Light House Hill Road, Mangalore-575001. … Appellant Pa No.Aczpa0799F Vs. Deputy Commissioner Of Income-Tax, Central Circle, Mangalore. … Respondent

deemed dividend of Rs.27,63,459/-. Facts of the case are identical to the facts in assessment year 2007-08 decided by us by order of even date in ITA No.1384/Bang/2012. For the same reasons stated in our order of even date, we uphold the addition and dismiss the grounds of appeal. 4. Ground No.5 relates to addition of Rs.36

FIDELITY BUSINESS SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

deemed to be capital gains. Further, sub-clause (iv) of clause (22) of Section 2 of the Act excludes any payment made by a company on purchase of its own shares in accordance with the provisions contained in Section 77A of the Companies Act from the ambit of ‘dividend’. Finance Act, 2013 subsequently introduced section 115QA (w.e.f. 1.6.2013) to provide

NICE SYSTEMS TECHNOLOGIES INC.,USA vs. THE JOINT COMMISSIONER OF INCOME TAX (OSD) CIRCLE-1(2)INTERNATIONAL TAXATION , BANGALORE

In the result, the appeal is partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

deemed an “assessee in default”, and thus, is made liable to pay tax, interest and penalty thereon. This position is also made amply clear by the referral order in the concerned appeals Page 5 of 10 from the High Court of Karnataka, namely, the judgment of this Court in GE Technology (supra). 47. In all these cases, the “licence” that

M/S. INFORMATICA LLC,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), CIRCLE- 1(2), BANGALORE

In the result, the assessee’s appeal is allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

dividend) chargeable under the provisions of the Act, to deduct income-tax at the rates in force unless he is liable to pay income tax thereon as an agent. Payment to non-residents by way of royalty and payment for technical services rendered in India are common examples of sums chargeable under the provisions of the Act to which

M/S NICE LTD ,ISRAEL vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)INTEERNATIONAL TAXATION , BANGALORE

In the result, ITA No.287/Bang/2018 is partly allowed, while ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillai

dividend) chargeable under the provisions of the Act, to deduct income-tax at the rates in force unless he is liable to pay income tax thereon as an agent. Payment to non-residents by way of royalty and payment for technical services rendered in India are common examples of sums chargeable under the provisions of the Act to which

M/S NICE LTD ,ISRAEL vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2) INTERNATIONAL TAXATION , BANGALORE

In the result, ITA No.287/Bang/2018 is partly allowed, while ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillai

dividend) chargeable under the provisions of the Act, to deduct income-tax at the rates in force unless he is liable to pay income tax thereon as an agent. Payment to non-residents by way of royalty and payment for technical services rendered in India are common examples of sums chargeable under the provisions of the Act to which