M/S K. MOHAN & COMPANY (EXPORTS) PRIVATE LIMITED,BANGALORE vs. ACIT, BANGALORE

In the result, ITA 1057/B/12 is partly allowed and ITA 1103/B/12 is dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

gains as are derived by a hundred per cent export-oriented undertaking from the export of articles or things or computer, software for a period of ten consecutive assessment years beginning with the assessment year relevant to the pervious year in which the undertaking begins to manufacture or produce ITA Nos. 1093/B0/09, 1266/B/10 & 1057 & 1103/B/12 Page 22 of 50 articles

M/S K. MOHAN & COMPNAY (EXPORTS) PVT. LTD.,,BANGALORE vs. ACIT, BANGALORE

In the result, ITA 1057/B/12 is partly allowed and ITA 1103/B/12 is dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

gains as are derived by a hundred per cent export-oriented undertaking from the export of articles or things or computer, software for a period of ten consecutive assessment years beginning with the assessment year relevant to the pervious year in which the undertaking begins to manufacture or produce ITA Nos. 1093/B0/09, 1266/B/10 & 1057 & 1103/B/12 Page 22 of 50 articles

ACIT, BANGALORE vs. M/S K. MOHAN & COMPANY (EXPORTS) PVT. LTD.,, BANGALORE

In the result, ITA 1057/B/12 is partly allowed and ITA 1103/B/12 is dismissed

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

gains as are derived by a hundred per cent export-oriented undertaking from the export of articles or things or computer, software for a period of ten consecutive assessment years beginning with the assessment year relevant to the pervious year in which the undertaking begins to manufacture or produce ITA Nos. 1093/B0/09, 1266/B/10 & 1057 & 1103/B/12 Page 22 of 50 articles

M/S TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

23. In the result, the appeal is allowed and the substantial question of law framed by us is answered in favour of the appellant-assessee and against the respondent-revenue. There shall be no order as to costs." 7.2 The further question is whether the amendment to section 36(1)(va) and 43B of the I.T.Act by Finance

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TOTAL ENVIRONMENT BUILDING SYSTEMS PVT LTD , BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

23. In the result, the appeal is allowed and the substantial question of law framed by us is answered in favour of the appellant-assessee and against the respondent-revenue. There shall be no order as to costs." 7.2 The further question is whether the amendment to section 36(1)(va) and 43B of the I.T.Act by Finance

TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

23. In the result, the appeal is allowed and the substantial question of law framed by us is answered in favour of the appellant-assessee and against the respondent-revenue. There shall be no order as to costs." 7.2 The further question is whether the amendment to section 36(1)(va) and 43B of the I.T.Act by Finance

M/S ALTISOURCE BUSINESS SOLUTIONS PVT. LTD.,,BANGALORE vs. ACIT, BANGALORE

In the result appeal filed by assessee stands allowed partly as indicated hereinabove

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.208/Bang/2016 Assessment Year : 2011-12

23,240/- • disallowance under section 2 (24) (x) read with section 36 (1) disallowance under section 2 (24) (x) read with section 36 (1) disallowance under section 2 (24) (x) read with section 36 (1) (va)- Rs.2,10,42,281/ Rs.2,10,42,281/- 9. Aggrieved by the additions made by Ld. ed by the additions made by Ld.AO, assessee

EXPAT ENGINEERING INDIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

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

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

va] and 43B of the Act will not have application to relevant assessment year, namely A.Y. 2019- 2020. Accordingly, we direct the A.O. to grant deduction in respect of employees' contribution to ESI since the assessee has made payment before the due date of filing of the return SP No.31/Bang/2022 & ITA No.503/Bang/2022 Page 6 of 23 of income

M/S STAR METALLICS & POWER PVT LTD ,HOSPET vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, the appeal of the assessee is dismissed

Bench: Shri Chandra Poojariandshri George George Kassessment Year : 2013-14

gains Page 9 of 22 (ii) dividend; [(iia) voluntary contributions received by a trust created wholly or partly for charitable or religious purposes or by an institution established wholly or partly for such purposes 39[or by an association or institution referred to in clause (21) or clause (23)11, or by a fund or trust or institution referred

M/S.PADMINI PRODUCTS PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the result, the appeals filed by the assessee for all the assessment years are dismissed

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaramanassessment Year : 2013-14

VA) r.w.s. 2(24)(x) and section 43B of the Act, but paid on or before the due date for furnishing return u/s. 139(1) is deductible. The CIT(Appeals) has decided the issue following the judgment of the Hon'ble jurisdictional High Court. Therefore, there is no error in the order of CIT(Appeals). 4. The ld. DR placed

ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE vs. M/S.PADMINI PRODUCTS PVT LTD.,, BANGALORE

In the result, the appeals filed by the assessee for all the assessment years are dismissed

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaramanassessment Year : 2013-14

VA) r.w.s. 2(24)(x) and section 43B of the Act, but paid on or before the due date for furnishing return u/s. 139(1) is deductible. The CIT(Appeals) has decided the issue following the judgment of the Hon'ble jurisdictional High Court. Therefore, there is no error in the order of CIT(Appeals). 4. The ld. DR placed

SHRI. BORAIAH SHIVANANJAIAH,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(2)(1), BANGALORE

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

Bench: Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Boraiah Shivananjaiah, Asst.Commissioner Of K. Janatha Colony, Income Tax, Bidadi Hobli, Vs. Circle - 3(2)(1) Ramnagara Dist., Bengaluru Bengaluru Pan – Anaps2762E Appellant Respondent

23,548/-. However, he sustained the addition made towards non-payment of service tax at Rs.46,24,823/- by invoking provisions of Section 43A of the Act. Against the same, the assessee is in appeal before. 3. At the outset, it is noticed that there was delay of 951 days in filing of appeal before this Tribunal. The Ld.AR submitted

GLOBAL E-BUSINESS OPERATIONS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(3)(2), BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.

va) read with section 43B of the Act. 4.2. The learned AO erred in not following the binding decisions of the Hon'ble Supreme Court in Rajasthan State Beverages Corporation Ltd [2017] 84 taxmann.com 185 on the same question of law. 4.3. The learned AO has erred in not granting an opportunity of being heard to the appellant

M/S. ATRIA CONVERGENCE TECHNOLOGIES LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 1, BANGALORE

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

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy Sassessment Year : 2011-12

va) of the Income-tax Act, 1961 [the Act] clearly applies to the assessee. He therefore disallowed the amount paid by the assessee as revenue share u/s. 40(a)(i) by treating it as a non-compete fees. Page 5 of 26 7. On further appeal, the CIT(Appeals) accepted the contention of the assessee that the amount paid

INCOME-TAX OFFICER, WARD-7(2)(1), BENGALURU, BENGALURU vs. M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LIMITED, BENGALURU

In the result both the appeals of the Revenue as well as\nCos of the Assessee for the Asst

Va Totgar's Co-operative Sale Society Limited. Sirsi in ITA No. 100066 of\n2016 dated 16.06.2017, wherein it was held that the income by way of interest earned\nfrom deposits and investments of surplus funds does not change its character\nirrespective of whether such interest is earned from the scheduled banks or the co-\noperative banks and thus clause

THE KARNATAKA STATE COOPERATIVE AGRICULTURE AND DEVELOPMENT BANK LIMITED ,BANGLAORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2022-23

gains or capital by the cooperative societies engaged in providing credit facilities to the members is squarely covered in favour of the assessee by the ruling of Jurisdictional High Court in the cases of Tumkur Merchants Souharda Credit Cooperative Ltd(supra), Guttigedarara Credit Co-operative Society Ltd. and Lalitamba Pattina Souharda Sahakari Niyamita vs. ITO as well

METAL CLOSURES PVT LTD,BANGALORE vs. ACIT, CIRCLE 4(1)(2), BANGALORE, BANGALORE

In the result, the appeal of the Revenue is treated as allowed for statistical purpose

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Year: 2014-15

capital account field, on the other hand, it should be on revenue account, deductible business Metal Closures Pvt. Ltd., Bangalore Page 5 of 16 expenditure. The assessee has to prove that it is an expenditure incurred in the ordinary course of assessee’s business. Further, this fraud should be committed in the assessment year under consideration. It took place between

XCHANGING SOLUTIONS LIMITED,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

va bl e o r any ot h er de bt a rising d uri ng the course of busin es s. ” 25. 3 A re adin g of the af ores ai d cla us e f rom t he Expl anation woul d m ake i t clear t hat th e corp orat e guara