BSR INFRATECH INDIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

Section 145 of the Act, the assessee was required to follow the same method of accounting as followed in the earlier years unless there was some bonafide reason. The assessee could not have followed hybrid method for recognition of its income. • The assessee had claimed full credit of tax deducted at source (TDS

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

145 ITD 491 and in case of Fidelity Investment Trust reported in 36 SOT 22, wherein it was held that short term capital loss arising from STT-paid transactions is allowable to be set off against other capital gains, even if taxed at different rates. 6.5 The assessee therefore argued that it was legally entitled to set off the short

IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(2)(1) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

TDS under section 192 of the Act would not be of any relevance since the credit of taxes deducted under section 192 of the Act are given in the hands of the employees whereas the Assessee’s receipts were in nature of FTS. (Page 16-17 of the CIT(A) order) The CIT(A) has rejected the below Merely because

IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

TDS under section 192 of the Act would not be of any relevance since the credit of taxes deducted under section 192 of the Act are given in the hands of the employees whereas the Assessee’s receipts were in nature of FTS. (Page 16-17 of the CIT(A) order) The CIT(A) has rejected the below Merely because

IBM ISRAEL LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

TDS under section 192 of the Act would not be of any relevance since the credit of taxes deducted under section 192 of the Act are given in the hands of the employees whereas the Assessee’s receipts were in nature of FTS. (Page 16-17 of the CIT(A) order) The CIT(A) has rejected the below Merely because

IBM UNITED KINGDOM LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

TDS under section 192 of the Act would not be of any relevance since the credit of taxes deducted under section 192 of the Act are given in the hands of the employees whereas the Assessee’s receipts were in nature of FTS. (Page 16-17 of the CIT(A) order) The CIT(A) has rejected the below Merely because

BANGALORE BEVERAGES LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX (OSD) WARD-1(1)(3), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

145 of the Act. The assessee has made one more contention before us that in assessment year 2013- 14, the AO invoked the provisions of section 40A(2)(b) of the Act, which is applicable only to the payment and not to the receipts. According to the assessee, the AO has recorded in para 4.2 of his order

M/S BANGALORE BEVERAGES PVT LIMITED ,BANGALORE vs. THE INCOME TAX OFFICER ARD-1(1)(1), BANGALORE

In the result, the appeal filed by the assessee in ITA

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

145 of the Act. The assessee has made one more contention before us that in assessment year 2013- 14, the AO invoked the provisions of section 40A(2)(b) of the Act, which is applicable only to the payment and not to the receipts. According to the assessee, the AO has recorded in para 4.2 of his order

M/S BELLARY IRON-ORES PRIVATE LIMITED ,BELLARY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

Bench: Shri Chandra Poojari & Ms. Madhumita Royassessment Year: 2014-15

TDS is made, has accrued to the assessee in the subject assessment year and the same cannot be deferred. PROCEEDINGS BEFORE THE LD. CIT(A). 3.4. The learned CIT(A) has referred to section .2(24), section 2(45), section 4 & section 5 of the Act and upheld the addition on the ground that: (a). Placing of prohibitory orders over

M/S BELLARY IRON-ORES PVT LTD ,BELLARY vs. THE INCOME TAX OFFICER WARD-2 , HOSPET

Bench: Shri Chandra Poojari & Ms. Madhumita Royassessment Year: 2014-15

TDS is made, has accrued to the assessee in the subject assessment year and the same cannot be deferred. PROCEEDINGS BEFORE THE LD. CIT(A). 3.4. The learned CIT(A) has referred to section .2(24), section 2(45), section 4 & section 5 of the Act and upheld the addition on the ground that: (a). Placing of prohibitory orders over

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BENGALURU vs. FLIPKART INDIA PVT LTD, BENGALURU

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

TDS u/s. 195 of the Act. 11. The ld. Sr. Advocate, Shri Ajay Vohra, submitted a copy of the decision of the coordinate Bench in assessee’s own case for AY 2017- 18 in ITA No.1115 & 1141/Bang/2022 dated 9.3.2023 at 150 taxmann.com 272. He submitted that the coordinate Bench has held that ESOP scheme cross-charge expenses would be allowable

DEPUTY COMMISSIONER OF INCOME TAX, BENGALURU vs. FLIPKART INDIA PVT LTD, BENGALURU

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

TDS u/s. 195 of the Act. 11. The ld. Sr. Advocate, Shri Ajay Vohra, submitted a copy of the decision of the coordinate Bench in assessee’s own case for AY 2017- 18 in ITA No.1115 & 1141/Bang/2022 dated 9.3.2023 at 150 taxmann.com 272. He submitted that the coordinate Bench has held that ESOP scheme cross-charge expenses would be allowable

ASHRAF NAFISA ALTHAF,MOODUBIDRI MANGALORE vs. INCOME TAX OFFICER, WARD-1 & TPS, UDUPI

In the result, the appeal of the assessee is dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

TDS certificate furnished by the assessee and also the credit appearing in the assessee’s bank account. Therefore, to arrive at the professional income, the service tax realized should have been included in the gross receipts unless paid to Government exchequer within the due date of filing of return. Since service tax realised is included in the total income

M/S HONEYWELL TECHNOLOGY SOLUTIONS LAB PRIVATE LIMITED ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX SPECIAL RANGE-3 , BANGALORE

Bench: Shri Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2013-14

145/-, the payment made towards reimbursement of amount recovered on behalf of the client in litigation, payment of official fee, payment for publication and trade fair services has to be deleted at the threshold itself as such payments do not attract the provisions of section 195 of the Act. Proceeding further, he submitted, the payments are not in the nature

M/S. VEERABHADRAPPA SANGAPPA & COMPANY,SANDUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1, BELLARY

In the result appeal filed by assessee stands partly allowed

Bench: Shri. B. R. Baskaran & Smt. Beena Pillaiassessment Year : 2013–14

TDS credit with respect to aforesaid receipts. 5. The Learned Commissioner (Appeals) is not justified in upholding the action of the Learned Assessing Officer in levying interest under section 234B of Rs.9,22,73,432/- and under section 234C of Rs.24,79,047/-, when the addition to the total income is not justified. For the above grounds and for such

KARTIKEYAS MANGANESE & IRON ORES PRIVATE LIMITED,BELLARY vs. DCIT, BANGALORE

In the result, the assessee's appeals for Assessment Years 2008-09

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

145(3) of the Act, renders the additions unsustainable. Based solely on the seized material A/BSG/01 & A/BSG/02 the income in the form of alleged cash sales has been calculated at page 53 of the assessment order extracted as under: ‘’Total cash receipts as per seized materials From the above discussion, it is clear that M/s. KMIORE and M/s. AKG have

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE vs. M/S INFOSYS LIMITED , BANGALORE

In the result, the appeal filed by the assessee as well as by revenue are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.735/Bang/2018 Assessment Year: 2013-14

TDS was not applicable amounting to Rs. 202,90,08,182/-, as a capital expenditure eligible for 25 percent depreciation amounting to Rs. 146,31,38,211/- and erred in making a net disallowance of Rs. 438,94,14,633/-. The assessee contended that the software expense should be held as revenue expenditure and without prejudice, depreciation should be allowed

M/S INFOSYS LTD ,BANGALOR E vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, the appeal filed by the assessee as well as by revenue are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.735/Bang/2018 Assessment Year: 2013-14

TDS was not applicable amounting to Rs. 202,90,08,182/-, as a capital expenditure eligible for 25 percent depreciation amounting to Rs. 146,31,38,211/- and erred in making a net disallowance of Rs. 438,94,14,633/-. The assessee contended that the software expense should be held as revenue expenditure and without prejudice, depreciation should be allowed