M/S PRESTIGE ESTATES PROJECTS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-18(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri N.V.Vasudevan, Vp & Shri Chandra Poojari, Am

section 53A of the Transfer of Property Act. This agreement cannot, therefore, be said to be in the nature of a contract referred to in section 53A of the Transfer of Property Act. It cannot, therefore, be said that the provisions of section 2(47)(v) will apply in the situation before us. Considering the facts and circumstances

DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION), CIRCLE - 1(1), BENGALURU vs. APPLIED MATERIALS INDIA PRIVATE LIMITED, BENGALURU

In the result, all these 4 appeals filed by the Revenue are dismissed

section 204 of the IT Act where\nperson responsible for paying in the context of TDS is defined. The\nexpression

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, which acts as a defence against levy of penalty. IBM foreign entities had reasonable cause to not file a return under section 139 of the Act basis: - IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents in assessee’s favor on the secondment matter, including the Special Bench referral order

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, which acts as a defence against levy of penalty. IBM foreign entities had reasonable cause to not file a return under section 139 of the Act basis: - IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents in assessee’s favor on the secondment matter, including the Special Bench referral order

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, which acts as a defence against levy of penalty. IBM foreign entities had reasonable cause to not file a return under section 139 of the Act basis: - IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents in assessee’s favor on the secondment matter, including the Special Bench referral order

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, which acts as a defence against levy of penalty. IBM foreign entities had reasonable cause to not file a return under section 139 of the Act basis: - IBM Corp’s assessment order for AY 2011-12 which had attained finality - Plethora of judicial precedents in assessee’s favor on the secondment matter, including the Special Bench referral order

JCIT, BANGALORE vs. M/S BIOCON LTD.,, BANGALORE

In the result, Revenue’s appeal for Assessment Year 2008-09 is dismissed

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

TDS under Section 195 of the Act and for disallowance under Section 40(a)(i) of the Act. Consequently, Grounds 1 to 4 of the assessee's appeal are allowed for statistical purposes. 7. Grounds 5 to 11 – Deduction u/s.10B and 10AA of the Act and denial of carry forward of unabsorbed depreciation. 7.1.1 These grounds (supra) are raised

IBM CANADA 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

TDS, which acts as a\ndefence against levy of penalty. IBM\nforeign entities had reasonable cause to\nnot file a return under section 139 of the\nAct basis:\nIBM Corp's assessment order for AY\n2011-12 which had attained finality\nPlethora of judicial precedents in\nassessee's favor on the secondment\nmatter, including the Special Bench\nreferral order

M/S. DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, appealsof the assessee are partly allowed

Bench: Shri Sunil Kumar Yadavand Shri. Jason P Boaz

TDS on the amount retained by the Airlines while making the payment to the assessee. Our attention was also invited to the proviso to section 40(a)(ia) of the Act, according to which if the respondent has paid the tax on the receipt and filed the return before the due date of filing the return, the assessee cannot

M/S. DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, appealsof the assessee are partly allowed

Bench: Shri Sunil Kumar Yadavand Shri. Jason P Boaz

TDS on the amount retained by the Airlines while making the payment to the assessee. Our attention was also invited to the proviso to section 40(a)(ia) of the Act, according to which if the respondent has paid the tax on the receipt and filed the return before the due date of filing the return, the assessee cannot

M/S DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, appealsof the assessee are partly allowed

Bench: Shri Sunil Kumar Yadavand Shri. Jason P Boaz

TDS on the amount retained by the Airlines while making the payment to the assessee. Our attention was also invited to the proviso to section 40(a)(ia) of the Act, according to which if the respondent has paid the tax on the receipt and filed the return before the due date of filing the return, the assessee cannot

M/S. DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, appealsof the assessee are partly allowed

Bench: Shri Sunil Kumar Yadavand Shri. Jason P Boaz

TDS on the amount retained by the Airlines while making the payment to the assessee. Our attention was also invited to the proviso to section 40(a)(ia) of the Act, according to which if the respondent has paid the tax on the receipt and filed the return before the due date of filing the return, the assessee cannot

M/S. OZONE URBAN INFRA DEVELOPERS PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX TDS, CIRCEL-2(1), BANGALORE

In the result, appeal is allowed in favour of the assessee

Bench: Shri. George George K & Ms. Padmavathy Sassessment Year : 2019-20 M/S. Ozone Urbana Infra Developers Pvt. Ltd., Vs. Acit Tds, No.30, Ulsoor Road, Bengaluru North, Circle – 2(1), Bengaluru – 560 042. Bengaluru. Pan : Aaecm 5394 G Appellant Respondent Assessee By : Shri. Narendra Kumar Jain, Advocate Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 05.07.2022 Date Of Pronouncement : 12.07.2022

TDS u/s.194A. Section 194A reads as follows “Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, shall, at the time of credit of such income to the account of the payee or at the time

IBM DEUTSCHLAND GMBH,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

TDS, which acts as a\ndefence against levy of penalty. IBM\nforeign entities had reasonable cause to\nnot file a return under section 139 of the\nAct basis:\nIBM Corp's assessment order for AY\n2011-12 which had attained finality\nPlethora of judicial precedents in\nassessee's favor on the secondment\nmatter, including the Special Bench\nreferral order

IBM CANADA 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

TDS, which acts as a\ndefence against levy of penalty. IBM\nforeign entities had reasonable cause to\nnot file a return under section 139 of the\nAct basis:\nIBM Corp's assessment order for AY\n2011-12 which had attained finality\nPlethora of judicial precedents in\nassessee's favor on the secondment\nmatter, including the Special Bench\nreferral order

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

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

TDS, which acts as a\ndefence against levy of penalty. IBM\nforeign entities had reasonable cause to\nnot file a return under section 139 of the\nAct basis:\nIBM Corp's assessment order for AY\n2011-12 which had attained finality\nPlethora of judicial precedents in\nassessee's favor on the secondment\nmatter, including the Special Bench\nreferral order

IBM OSTERREICH INTIONATIONALE BUROMASCHINEN GESELLSCHAFT MBH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

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

TDS, which acts as a\ndefence against levy of penalty. IBM\nforeign entities had reasonable cause to\nnot file a return under section 139 of the\nAct basis:\n- IBM Corp's assessment order for AY\n2011-12 which had attained finality\nPlethora of judicial precedents in\nassessee's favor on the secondment\nmatter, including the Special Bench\nreferral order

IBM CHINA HONG KONG LIMITED,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

TDS, which acts as a\ndefence against levy of penalty. IBM\nforeign entities had reasonable cause to\nnot file a return under section 139 of the\nAct basis:\n- IBM Corp's assessment order for AY\n2011-12 which had attained finality\n- Plethora of judicial precedents in\nassessee's favor on the secondment\nmatter, including the Special Bench\nreferral