ANANTULA VIJAY MOHAN ,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

In the result, appeals filed by the assessee are allowed

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Keshav Dubey\Nita Nos.2059 & 2060/Bang/2024\N Assessment Years : 2016-17 & 2017-18\Nanantula Vijay Mohan\N9, Banjara Avenue Road\Nno.1, Banjara Hills\Nhyderabad 500 034\Npan No:Aelpm6515K\Nappellant\Nvs.\Ndcit\Ncircle-6(1)(1)\Nbangalore\Nrespondent\Nsp No.67/Bang/2024\N(Arising Out Of Ita No.2060/Bang/2024)\N Assessment Year: 2017-18\Nanantula Vijay Mohan\N9, Banjara Avenue Road\Nno.1, Banjara Hills\Nhyderabad 500 034\Npan No: Aelpm6515K\Nappellant\Nvs.\Ndcit\Ncircle-6(1)(1)\Nbangalore\Nrespondent\Nappellant By\Nrespondent By\N: Sri Padma Khincha, A.R.\N: Sri Sridhar E., D.R.\Ndate Of Hearing\Ndate Of Pronouncement:\N: 18.02.2025\N: 07.05.2025\Norder\Nper Laxmi Prasad Sahu:\Nthese Appeals At The Instance Of The Assessee Are Directed\Nagainst The Orders Of Ld. Cit(A)/Nfac, Delhi Both Dated 23.09.2024\Nvide Din & Order No. Itba/Nfac/S/250/2024-25/1068988279(1)\Nfor The Assessment Year 2016-17 & Vide Din & Order\Nno.Itba/Nfac/S/250/2024-25/1068999127(1) For The Assessment\Nyear 2017-18 Passed U/S 250 Of The Income Tax Act, 1961 (In Short\N\"The Act\"). Since Both These Appeals & The Stay Petition Are Of The\Nsame Assessee For The Different Assessment Years, These Are Clubbed\Ntogether, Heard Together & Disposed Of By This Common Order For\Nthe Sake Of Convenience & Brevity.\Nita No.2059/Bang/2024 (Ay 2016-17):\N2. First, We Take Up Ita No.2059/Bang/2024 For The Ay 2016-\N17 Wherein The Assessee Has Raised The Following Grounds Of Appeal:\N1. General\N1.

1) of the Act.\n2.\nThe assessment order under section 147 of the Act and the notice of demand under section 156\nissued by the learned AO in violation of the mandatory procedure laid in section 144C are bad in\nlaw and liable to be quashed.\n12.\nWe have heard both the parties on admission of additional\ngrounds

AKSHAY KUMAR RUNGTA,BANGALORE vs. INCOME TAX OFFICER, WARD 2(1), INTERNATIONAL TAXATION

In the result, appeal filed by the assessee is allowed as per above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubeyit(It)A No.66/Bang/2024 Assessment Year :2015-16

144C of the Act on the facts and circumstances of the case. 5. Grounds on merits of the matter: a. Disallowance of exemption claimed under section 10(38),Rs.28,65,882/-: i. The authorities below were not justified in disallowing the claim of exemption claimed under section 10(38) of the Act with respect to the capital gains

HANCHIPURA CHANNAIAH NANDAKISHORE,MAHALKSHMIPURAM vs. INCOME TAX OFFICER WARD INTL, TAXATION 1(2) BANGALORE, BANGALORE

In the result appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyit(It)A No.258/Bang/2025 Assessment Year : 2018-19 Hanchipura Channaiah Nandakishore 87, 2Nd Stage & Phase Mahalakshmipuram 2Nd Stage, 14Th Main, West Of Chord Ito Road Vs. Ward International Taxation 1(2) Mahalakshmipuram Bangalore Bangalore 560 086 Pan No :Blrpn0428A Appellant Respondent Appellant By : Sri Siddesh N Gaddi, A.R. Respondent By : Dr. Divya K.J., D.R. Date Of Hearing : 07.08.2025 Date Of Pronouncement : 04.11.2025

1) of the Act; 3 The Assessee has purchased only a vacant site on 24/08/2017. 4 The Assessee has not made any investment in the Capital Gains Accounts Scheme as mandated under IT(IT)A No.258/Bang/2025 HanchipuraChannaiah Nandakishore, Bangalore Page 4 of 16 section 54(2) of the Act. 5 The construction has not been completed within three years period

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

In the result, all the appeals filed by the assessee stands\npartly allowed and all the stay petitions filed by the assessee\nstands dismissed as infructuous

Capital gains\") for—\n(i) the transfer of all or any rights (including the granting of a\nlicence) in respect of a patent, invention, model, design,\nsecret formula or process or trade mark or similar property;\n(ii) the imparting of any information concerning the working\nof, or the use of, a patent, invention, model, design, secret\nformula or process

NAVJYOTI SHARMA,BANGALORE vs. DCIT ASMNT, BANGALORE

In the result appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

1) of the Act as well as show cause notices, the assessee filed his response on various dates and accordingly, the AO completed the assessment proceedings by disallowing the deduction claimed u/s.54 of the Act amounting to Rs.36,64,791/- and added the same under the head Capital Gain u/s. 45 of the Act. 3.1 During the course of assessment

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

In the result, all the three appeals filed by assessee stands\npartly allowed

144C(3) of the Income\ntax Act, 1961 (\"the Act\"), in pursuance to the directions of\nthe Learned Dispute Resolution Panel 2, Bengaluru\n(\"Ld. DRP\"), assessing the income of the Appellant at\nINR 39,96,89,857 instead of returned income of INR\n38,59,910 is bad in law.\nGeneral Ground\nPressed\nPage 7 of 32\nS.P

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

In the result, all the three appeals filed by assessee stands\npartly allowed

144C(3) of the Income\ntax Act, 1961 (\"the Act\"), in pursuance to the directions of\nthe Learned Dispute Resolution Panel 2, Bengaluru\n(\"Ld. DRP\"), assessing the income of the Appellant at\nINR 39,96,89,857 instead of returned income of INR\n38,59,910 is bad in law.\nGeneral Ground\nPressed\nPage 7 of 32\nS.P

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

144C(5). On the facts and in the circumstances of the case and in law, the Ld. c) Panel and Ld. AO/ Ld. TPO erred in not demonstrating that the motive of the Appellant was to shift profits outside India by manipulating the prices charged in the international transaction, which is a pre- requisite condition to make any adjustment under

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

In the result, appeal of the assessee is allowed and stay petition\nis dismissed

1), Bangalore (\"Ld. AO\"), under section 143(3) read with\nsection 147 and section 144C(13) of the Income-tax Act, 1961 (\"the Act\")\nassessing the income of the Appellant at INR 2,34,34,instead of returned income\nof INR 2,34,34,767/- is bad in law.\n2. On the facts and in the circumstances of the case

WIPRO LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

1)(2) Bangalore 560 035 Bangalore. PAN: AAACW 0387R APPELLANT RESPONDENT Appellant by : Shri Sandeep Huilgol, Advocate Respondent by : Dr. Manjunath Karkihallli, CIT(DR)(ITAT), Bengaluru. Date of hearing : 03.04.2023 Date of Pronouncement : 14.06.2023 O R D E R Per Laxmi Prasad Sahu, Accountant Member The appeal filed by the assessee is directed against the order dated

M/S UB SPORTS MANAGEMENT OVERSEAS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX(INTERNATIONAL TAXATION) CIRCLE-1(2), BANGALORE

In the result, the appeals filed by the assessees are partly allowed

Bench: Shri George George K. & Ms. Padmavathy S.

1) (erstwhile UB Sports Management Overseas Ltd.) 4th Floor, BMTC Building C/o United Spirits Ltd. 80 Ft. Road, Kopramangala UB Towers, No. 24, Vittal Mallya Rd. Bangalore 560095 Bangalore 560001 PAN – AAECP2487P (Appellant) (Respondent) Assessee by: Smt. Manasa Ananthan, Advocate Revenue by: Ms. Neera Malthora, CIT-DR Date of hearing: 09.02.2023 Date of pronouncement

M/S PALMER INVESTMENT GROUP LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE-2(1), BANGALORE

In the result, the appeals filed by the assessees are partly allowed

Bench: Shri George George K. & Ms. Padmavathy S.

1) (erstwhile UB Sports Management Overseas Ltd.) 4th Floor, BMTC Building C/o United Spirits Ltd. 80 Ft. Road, Kopramangala UB Towers, No. 24, Vittal Mallya Rd. Bangalore 560095 Bangalore 560001 PAN – AAECP2487P (Appellant) (Respondent) Assessee by: Smt. Manasa Ananthan, Advocate Revenue by: Ms. Neera Malthora, CIT-DR Date of hearing: 09.02.2023 Date of pronouncement

MARVELL INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Rahul Chaudharym/S. Marvell India Private Limited 10Th Floor, Tower D & E Global Technology Park, Marathahalli Outer Ring Road Devarabeesanahalli Village Varthurhobli Bangalore 560 103 ………. Appellant [Pan: Aaecm5559R]

144C(1) of the Act on 29/09/2003 proposing the following additions/disallowance adjustments: a) Transfer Pricing (TP) adjustment amounting to Rs.16,00,55,328/- b) Disallowance of Depreciation claimed on Goodwill amounting to INR.3,08,21,235/- c) Addition on account of Free of Cost Assets amounting to INR.1,93,90,395/-, d) Addition

PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 1(3), BENGALURU, BANGALORE

In the result the appeal of the assessee is allowed

Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

capital gain income of Rs. 37,28,537/- on sale of sale of equity share / unit of equity oriented Mutual Fund under section 111A. 3.2 Subsequent to a survey conducted under section 133A, proceedings under section 147 of the Act were initiated accordingly notice under section 148 of the Act dated 25.03.2021 was issued, requiring the Assessee to file

NORTHERN OPERATING SERVICES PRIVATE LIMITED,ARGON SOUTH TOWER vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5 (1)(1), BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2020-21 M/S. Northern Operating Services Pvt. Ltd., Vs. Dcit, 2Nd Floor Rmz Ecopace, Circle – 5(1)(1), Campus 1C, Bengaluru. Sarjapur Outer Ring Road, Bellandur, Bengaluru – 560 103. Pan : Aaccn 1652 J Appellant Respondent Assessee By : Ms. Divya Motwani, Ca. Revenue By : Shri. D. K. Mishra, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 26.09.2024 Date Of Pronouncement : 27.09.2024

144C(13) and section 144B of the Income-tax Act, 1961 ('the Act'), dated July 27, 2024 passed by the Assessment Unit, Income-tax Department ('learned Assessing Officer' or 'learned AO'), to the extent prejudicial to the Appellant, is bad in law, contrary to the facts and circumstances of the case and is liable to be quashed. B. Disallowance

M/S. PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

1. On the facts and in the circumstances of the case and in law, the assessment order framed under section 143(3) read with section 144C(13) of the Income- tax Act, 1961 (‘the Act’) passed by the Learned Assessing officer (‘Learned AO’) dated 28 January 2022 incorporating directions of the Hon’ble Dispute Resolution Panel

GOOGLE IRELAND LIMITED,IRELAND vs. DCIT (IT), JCIT(OSD) (IT) - CIRCLE 1(1), BENGALURU

In the result, the appeals of the assessee are partly allowed

Capital Gains. [\"India-\nIreland DTAA\"]. Article 12 of the aforesaid treaty\ndefining \"royalties\" would alone be relevant to determine\ntaxability under the DTAA, as it is more beneficial to the\nassessee as compared to section 9(l)(vi) of the Income-tax\nAct, as construed by the High Court. Here again, section\n90(2) of the Income-tax Act, read

RANGARAJ ROHINI,INDIRANAGAR BANGALORE vs. DEPUTY COMMSSIONER OF INCOME TAX ASMNT CIRCLE 2(1) BANGALORE, KORMANGALA BANGALORE

In the result, the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

capital gains to Rs. 1,11,26,626/- (from Rs. 64,86,375/- claimed by the assessee). As such, the excess indexed cost of acquisition of Rs. 46,40,251/- was disallowed by the AO and added back to the returned income of the assessee. 5. The assessee filed objections before the ld. DRP, which upheld the AO's decision

GOOGLE IRELAND LIMITED,IRELAND vs. DCIT (IT), JCIT(OSD) (IT) - CIRCLE 1(1), BENAGLURU

Capital Gains. [\"India-\nIreland DTAA\"]. Article 12 of the aforesaid treaty\ndefining \"royalties\" would alone be relevant to determine\ntaxability under the DTAA, as it is more beneficial to the\nassessee as compared to section 9(l)(vi) of the Income-tax\nAct, as construed by the High Court. Here again, section\n90(2) of the Income-tax Act, read