M/S KARNATAKA VIKAS GRAMEENA BANK,DHARWAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HUBBALLI

In the result, the appeal of assessee is partly allowed and the appeal of the revenue is dismissed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

4. The learned authorities below failed to appreciate that the provision for bad and doubtful debts is governed by Section 36[1][viia] of the Act and the words used are 'in respect of any provision', thus the authorities below failed to appreciate that as long as provision is made in the books of accounts, the appellant is eligible

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

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

Bench: Shri Chandra Poojaria & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Infosys Ltd., The Assistant Electronic City, Commissioner It(Tp)A No. Hosur Road, Of Income Tax, 2012-13 718/Bang/2017 Bangalore – 560 Circle – 100. 3(1)(1), Pan: Bangalore. Aaaci4798L : Shri Padamchand Khincha, Assessee By Ca : Shri K.V. Arvind & Shri Dilip, Revenue By Standing Counsels For Dept. Date Of Hearing : 15-09-2022 Date Of Pronouncement : 28-11-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Final Assessment Order Dated 28/02/2017 Passed By The Ld.Acit, Circle – 3(1)(1), Bangalore For A.Y. 2012-13 On Following Grounds Of Appeal: General & Legal Grounds 1. The Order Passed By The Learned Assessing Officer & The Directions Of Hon’Ble Drp To The Extent Prejudicial To The Appellant Is Bad In Law & Liable To Be Quashed. Grounds On Denial Of Deduction Claimed Under Section 10Aa In Respect Of 4 Sez Units Viz., Chennai – Unit 1, Chandigarh, Mangalore - Unit 1 & Pune Unit 1 2. The Learned Assessing Officer Has Erred In Denying Deduction Claimed Under Section 10Aa In The Return Of Income Totally Amounting To Rs. 2227,82,65,630 In Respect

section 194J / 195 of the Income tax Act, 1961. Page 4 IT(TP)A No. 718/Bang/2017 18. Without prejudice, software payments made to residents totally amounting to Rs. 30,23,602was not liable for TDS

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

TDS provisions. This is the mandate of section 4(2) read with section 190 of the Act. 3.47 It is the submission

INCOME TAX OFFICER WARD-1, BAGALKOT vs. SHRI BAPOOJI PATTIN SOUHARD SAHAKARI NIYAMIT , BAGALKOT

Bench: Shri Inturi Rama Rao & Shri Laliet Kumarassessment Year : 2013-14

TDS was made of Rs.1,70,46,946. The AO denied the exemption u/s. 80P on the ground that the respondent-assessee society is a bank and is hit by the provisions of sub-section (4

MOHAMMED IBRABIM MOHIDEEN ,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALURU

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

4 lakhs has been received from Roshan Shameer and this amount was towards the instalment of flat booked by him in Creek Galaxy, Pumpwell and also Mr. Ibrahim Khaleel stated that this amount has been received on behalf of Mr. Ali Kutty of Creek builder. Regarding page 181 he has stated that it is an estimate given to customer

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

4 lakhs has been received from Roshan Shameer and this amount was towards the instalment of flat booked by him in Creek Galaxy, Pumpwell and also Mr. Ibrahim Khaleel stated that this amount has been received on behalf of Mr. Ali Kutty of Creek builder. Regarding page 181 he has stated that it is an estimate given to customer

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, , MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

4 lakhs has been received from Roshan Shameer and this amount was towards the instalment of flat booked by him in Creek Galaxy, Pumpwell and also Mr. Ibrahim Khaleel stated that this amount has been received on behalf of Mr. Ali Kutty of Creek builder. Regarding page 181 he has stated that it is an estimate given to customer

MOHAMMED IBRAHIM MOHIDEEN,KERALA vs. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, MANGALORE

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

4 lakhs has been received from Roshan Shameer and this amount was towards the instalment of flat booked by him in Creek Galaxy, Pumpwell and also Mr. Ibrahim Khaleel stated that this amount has been received on behalf of Mr. Ali Kutty of Creek builder. Regarding page 181 he has stated that it is an estimate given to customer

DEPUTY COMMISSIONER OF INCOME TAX, HUBBALLI vs. SHRI KRISHNA MOHAN KALBURGI, HUBBALLI

In the result, appeals filed by the Revenue are partly allowed for both the\nPronounced in the open court on the date mentioned on the caption page

4) of\nthe Act on 18.01.2019 and 19.01.2015 and confirmed having given cash loan of\nRs.5 Crores to Mishra Group by him on behalf of M/s. Kalburgi Projects and\nfurther stated that no interest has been paid on the cash loan of Rs.5 Crores.\nFurther, during the course of post search verification of the seized documents by\nthe investigating officer

BANGALORE TRUF CLUB LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BENGALURU

In the result appeal filed by assessee for assessment year 2012-

Bench: Shri Chandra Poojari & Smt. Beena Pillai

4. Levy of Interest under sections 234B and 234C 4.1. The learned AO has erred in levying interest under section 234B and 234C of the Act. On the facts and in the circumstances of the case and law applicable, interest under section 234B and 234C is not leviable. The appellant denies its liability to pay interest under section 234B

M/S. LIFE INSURANCE CORPORATION OF INDIA,CHITRADURGA vs. THE INCOME TAX OFFICER (TDS) - WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS

M/S. LIFE INSURANCE CORPORATION OF INDIA,CHITRADURGA vs. THE INCOME TAX OFFICER (TDS) - WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS

M/S LIFE INSURANCE CORPORATION OF INDIA,CHITRADURGA vs. THE INCOME TAX OFFICER (TDS) WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS

M/S. LIFE INSURANCE CORPORATION OF INDIA,CHITRADURGA vs. THE INCOME TAX OFFICER (TDS) - WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS

M/S. LIFE INSURANCE CORPORATION OF INDIA,CHITRADURGA vs. THE INCOME TAX OFFICER (TDS) - WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS

M/S. LIFE INSURANCE CORPORATION OF INDIA,CHITRADURGA vs. THE INCOME TAX OFFICER (TDS) - WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS

M/S. LIFE INSURANCE CORPORATION OF INDIA,CHITRADURGA vs. THE INCOME TAX OFFICER (TDS) - WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS

M/S. LIFE INSURANCE CORPORATION OF INDIA,DAVANGERE vs. THE INCOME TAX OFFICER (TDS) WARD, DAVANGERE

In the result, the appeals filed by the assessee stands allowed for assessment years 2011-12 to 2014-15 on the legal issue and the appeals for assessment years 2015-

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

Section 201(1)/201(1A) 5 5 5 5 5 2013-14 without giving a sufficient 5 5 5 5 5 2014-15 opportunity of being heard to produce requisite documents. 5 5 5 5 5 2015-16 4 4 4 4 4 2016-17 - - - - - - - - - - - - As regards TDS