DELL INTERNATIONAL SERVICES INDIA PVT. LTD.,,BANGALORE vs. ITO, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

77,388/- TDS deducted and paid in the same year : Rs.1,01,59,588/- Balance on which no TDS effectuated : The amount of Rs.1,01,59,588/-, inadvertently was retained in the provision. However upon noticing the error, it was reversed as on 31/03/2014. Before we advert to the main issue of levy of interest, under section

DELL INDIA P LTD,BANGALORE vs. INCOME TAX OFFICER(TDS), LTU, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

77,388/- TDS deducted and paid in the same year : Rs.1,01,59,588/- Balance on which no TDS effectuated : The amount of Rs.1,01,59,588/-, inadvertently was retained in the provision. However upon noticing the error, it was reversed as on 31/03/2014. Before we advert to the main issue of levy of interest, under section

INCOME TAX OFFICER, BANGALORE vs. M/S.DELL INDIA PVT.LTD.,, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

77,388/- TDS deducted and paid in the same year : Rs.1,01,59,588/- Balance on which no TDS effectuated : The amount of Rs.1,01,59,588/-, inadvertently was retained in the provision. However upon noticing the error, it was reversed as on 31/03/2014. Before we advert to the main issue of levy of interest, under section

M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTPU , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

77,388/- TDS deducted and paid in the same year : Rs.1,01,59,588/- Balance on which no TDS effectuated: The amount of Rs.1,01,59,588/-, inadvertently was retained in the provision. However, upon noticing the error, it was reversed as on 31/03/2014. Before we advert to the main issue of levy of interest, under section

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

TDS.\n29. Therefore it should be clear that once the income falls in the category\ndescribed under 9(1)(vii) irrespective of the fact whether the amount paid by\nAMAT India is equal to the cost incurred by the SECONDER or not. These\nquestions are irrelevant for deciding the taxability of the income from Fees\nfor Technical Services.\nTaxation under

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

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

TDS credit AO to verify and allow Foreign tax credit of Rs. 96,55,80,804 includes an amount of Rs. 68,14,32,706 which is under dispute before the Australian Tax Authorities. As per section 155(14A) read with rule 128(4), tax credit should be allowed in respect of disputed foreign tax once the same is settled

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSRANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA ,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info

M/S. LIFE INSURANCE CORPORATION OF INDIA,THIRTHAHALLI 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 192, reproduced herein above. Such is the ratio of laid down in following decisions. • ACIT(TDS) vs. SAP Labs India Pvt.Ltd reported in (2013) 36 taxmann.com 200(Bang.Trib.) • CIT v. Nicholas Piramal India Ltd., reported in (2008) 169 Taxman 233 (Bom.); • CIT v. Semiconductor Complex Ltd.. reported in (2007) 160 Taxman 384 (Punj. & Har.) • CIT v. HCL Info