TECNOTREE CONVERGENCE LT D,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

2 and 9 (supra) are general in nature and since they require no adjudication, are accordingly dismissed as infructuous. 6. Ground Nos.3 (3.1 to 3.3) to 5 – Deduction under section 10A of the Act 6.1 Ground Nos. 3 to 5 (supra) are raised in relation to the computation of the deduction under section 10A of the Act. Ground No.3

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TECNOTREE CONVERGENCE LTD , GURGAON

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

2 and 9 (supra) are general in nature and since they require no adjudication, are accordingly dismissed as infructuous. 6. Ground Nos.3 (3.1 to 3.3) to 5 – Deduction under section 10A of the Act 6.1 Ground Nos. 3 to 5 (supra) are raised in relation to the computation of the deduction under section 10A of the Act. Ground No.3

TECNOTREE CONVERGENCE LT D,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

2 and 9 (supra) are general in nature and since they require no adjudication, are accordingly dismissed as infructuous. 6. Ground Nos.3 (3.1 to 3.3) to 5 – Deduction under section 10A of the Act 6.1 Ground Nos. 3 to 5 (supra) are raised in relation to the computation of the deduction under section 10A of the Act. Ground No.3

M/S. IBM INDIA PVT. LTD.,,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-4(1)(2), BENGALURU

In the result appeal filed by assessee stands partly allowed

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

Section 92CC with the caption “Advance Pricing Agreement” provides through sub-section (1): `The Board, with the approval of the Central Government, may enter into an advance pricing agreement with any person, determining the arm's length price … in relation to an international transaction …’. Sub-section (2) gives the manner of determination of the ALP referred to in sub-section

M/S MCML SYSTEMS PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

2,02,01,133/- under normal provisions, after claiming deduction under section 10A of the Income Tax Act, 1961 (in short ‘the Act’) and ‘book profits’ under section 115JB of the Act amounting to Rs.4,98,44,075/-. The assessee subsequently filed a revised return on 19.01.2009 to claim credit for TDS

M/S MCML SYSTEMS PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

2,02,01,133/- under normal provisions, after claiming deduction under section 10A of the Income Tax Act, 1961 (in short ‘the Act’) and ‘book profits’ under section 115JB of the Act amounting to Rs.4,98,44,075/-. The assessee subsequently filed a revised return on 19.01.2009 to claim credit for TDS

M/S MCML SYSTEMS PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

Bench: Shri N. V. Vasudevan & Shri Jason P Boaz

2,02,01,133/- under normal provisions, after claiming deduction under section 10A of the Income Tax Act, 1961 (in short ‘the Act’) and ‘book profits’ under section 115JB of the Act amounting to Rs.4,98,44,075/-. The assessee subsequently filed a revised return on 19.01.2009 to claim credit for TDS

DCIT, BANGALORE vs. M/S HEWLETT PACKARD GLOBALSOFT PVT. LTD.,, BANGALORE

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

2 to section IAA (vide Special Economics Zones Act, 2005) providing that " the profits and gains derived from on site development of computer software (including services for development of software) outside India shall he deemed to be the profits and gains derived from the export of computer software outside India". and a clarification has been sought on the impact

HEWLETT-PACKARD GLOBALSOFT PRIVATE LIMTIED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes and the appeal of the revenue stands dismissed

2 to section IAA (vide Special Economics Zones Act, 2005) providing that " the profits and gains derived from on site development of computer software (including services for development of software) outside India shall he deemed to be the profits and gains derived from the export of computer software outside India". and a clarification has been sought on the impact

DCIT, BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

10A(4) of the Act. (3) No agreement with states : 64. Whether the assessee is entitled to the aforesaid benefit when India has no agreement with the States where tax is levied on the income of the assessee. IT(TP)A Nos.99/Bang/2014, 398/Bang/2015, 222/Bang/2016, 492/Bang/2017, 2851/Bang/2-17, 3115/Bang/2018, 151/Bang/2014, 467/Bang/2015 & 609/Bang/2016 M/s. Wipro Limited, Bangalore Page 46 of 202 65. Section

ASST.C.I.T., BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

10A(4) of the Act. (3) No agreement with states : 64. Whether the assessee is entitled to the aforesaid benefit when India has no agreement with the States where tax is levied on the income of the assessee. IT(TP)A Nos.99/Bang/2014, 398/Bang/2015, 222/Bang/2016, 492/Bang/2017, 2851/Bang/2-17, 3115/Bang/2018, 151/Bang/2014, 467/Bang/2015 & 609/Bang/2016 M/s. Wipro Limited, Bangalore Page 46 of 202 65. Section

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

2 to sec. 9(1)(iv) of the Act and are liable for TDS u/s 194J of the Act. 7. On the facts and in the circumstances of the case the Dispute Resolution Panel erred in not appreciating that the disallowance u/s 40(a)(ia) of the Act was made on the findings of the AO for not deducting TDS

M/S.IBM INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

In the result, the appeals filed by the assessee for AY 2010-11 and 2011-12 are treated as partly allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.773 & 2041/Bang/2016 Assessment Years :2010-11 & 2011-12

10A of the act, if otherwise the conditions laid down in the said section are fulfilled by an assessee. Besides the above, the CA has given a detailed explanation as to how profitability of various STP units have been arrived at. The AO has also referred to the fact that audited financial statements of statutory auditors was relied upon

M/S. IBM INDIA PRIVATE LIMITED,BANGALORE vs. ASST. COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the appeals filed by the assessee for AY 2010-11 and 2011-12 are treated as partly allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.773 & 2041/Bang/2016 Assessment Years :2010-11 & 2011-12

10A of the act, if otherwise the conditions laid down in the said section are fulfilled by an assessee. Besides the above, the CA has given a detailed explanation as to how profitability of various STP units have been arrived at. The AO has also referred to the fact that audited financial statements of statutory auditors was relied upon

DCIT, BANGALORE vs. M/S IBM INDIA (P) LIMITED, BANGALORE

In the result, the appeals filed by the assessee for AY 2010-11 and 2011-12 are treated as partly allowed

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A Nos.773 & 2041/Bang/2016 Assessment Years :2010-11 & 2011-12

10A of the act, if otherwise the conditions laid down in the said section are fulfilled by an assessee. Besides the above, the CA has given a detailed explanation as to how profitability of various STP units have been arrived at. The AO has also referred to the fact that audited financial statements of statutory auditors was relied upon

INFOSYS LTD.,,BANGALORE vs. ADDL.C.I.T., BANGALORE

In the result, Revenue’s appeal for Assessment Year 2006-07 is partly allowed for statistical purposes

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

2. The ld. Assessing Officer be directed to allow the claim of credit for state taxes paid outside India either as a deduction in computing the total income or as relief under Section 91 of the Income Tax Act, 1961 even in respect of income which is exempt under Section 10A and 10AA of the Income

ASST.C.I.T., BELLARY vs. M/S HOTHUR TRADERS 100% EOU, BELLARY

In the result, Revenue’s appeals for asst

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazita No.32/Bang/2016 (Asst. Years 2010-11 & 2011-12) The Asst. Commissioner Of Income-Tax, Circle-1, Bellary. . Appellant Vs. M/S Hothur Traders 100% Eou, No.85,6,7&8, Infantry Road, Cantonment, Bellary. . Respondent Pan –Aaefh7705H. Co No.55/Bang/2016 (By Assessee) Appellant By : Shri Nagendra Prasad, Cit Respondent By : Shri B.S Balachandran, Advocate Date Of Hearing : 22-11-2017 Date Of Pronouncement : 19-01-2018

10A, 10B, 10AA and section 2 of the Special Economic Zone Act, 2005. The definition of ‘manufacture’ in the Act says that ‘manufacture’ shall have the same meaning as assigned to it clause(v) of section 2 of the special Economic Zones Act, 2005, which reads as under:- “‘Manufacture’ means to make, produce, fabricate, assemble, process or bring into existence

INFOSYS LTD,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

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

Bench: Shri Chandra Poojaria & Smt. Beena Pillai

2 & 3 deduction under section 10A CIT v HCL 2010-11 7 & 8 and 10AA Technologies Ltd 2011-12 8 & 9 reported in (2018) 93 taxmann.com 33. 2007-08 18 to 20 Foreign currency expenses Ground nos. 27-30 2008-09 26 to 28 should not be reduced from Paras 14 to 14.3 2009-10 26 & 27 export turnover while

DY.C.I.T., BANGALORE vs. M/S INFOSYS LIMITED, BANGALORE

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

Bench: Shri Chandra Poojaria & Smt. Beena Pillai

2 & 3 deduction under section 10A CIT v HCL 2010-11 7 & 8 and 10AA Technologies Ltd 2011-12 8 & 9 reported in (2018) 93 taxmann.com 33. 2007-08 18 to 20 Foreign currency expenses Ground nos. 27-30 2008-09 26 to 28 should not be reduced from Paras 14 to 14.3 2009-10 26 & 27 export turnover while