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

section 270A(9) of the Act, misreporting has been undertaken. 4.4.4 However, the CIT(A) vide its order confirmed the order passed by the AO and upheld the penalty levied upon the Assessee. In respect of the 270A cases, the CIT(A) deleted levy of penalty for ‘misreporting’ but however levied penalty for ‘under-reporting’. 4.4.5 Against the orders passed

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

section 270A(9) of the Act, misreporting has been undertaken. 4.4.4 However, the CIT(A) vide its order confirmed the order passed by the AO and upheld the penalty levied upon the Assessee. In respect of the 270A cases, the CIT(A) deleted levy of penalty for ‘misreporting’ but however levied penalty for ‘under-reporting’. 4.4.5 Against the orders passed

MR. NATESHAN SAMPATH,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2018-19

capital gain is computed at Rs.1,12,15,692/-. The assessee admitted the disallowance made in the assessment order and stated to have make payment of the entire tax liability. The AO was of the opinion that since the assessee has failed to substantiate his claim of expenses of Rs.90,53,431/- with supporting documents in any form and also

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]

9,20,335 under section 234C of the Act. 6. Penalty Proceedings 6.1. The learned AO has erred, in law and on facts, in initiating penalty proceedings under section 274 read with section 270A of the Act.” 3. The relevant facts in brief are that the Assessee is a company engaged in design, development and testing of integrated circuits

ASIAN EARTH MOVERS,BELLARY vs. INCOME TAX OFFICER, WARD 1 & TPS, BELLARY

In the result, the appeal is allowed for statistical purposes

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2018-19

section 144B of the Act. 5. The Learned AO erred in computing the capital gain as short-term capital gain without reducing the cost of acquisition and constructing artificial liability to tax. 6. The Learned AO erred in determining the total income at Rs. 67,16,348/- WITHOUT setting off the brought forward business loss and unabsorbed depreciation

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

270A were also proposed to be initiated on this issue for under reporting of income which is in consequence of misreporting thereof.” 10. Disallowance under section 37 of the Act operates under Chapter IV-D of the Act while computing income under head “Profits and Gains from Business / Profession”. Expenses prescribed under sections

DCIT, CENTRAL CIRCLE-1(4), BENGALURU vs. M/S. FLIPKART INDIA PVT LTD., BENGALURU

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

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2017-18

270A of the Act by Ld. AO. 12. The Ld. CIT(A) has erred in law and on facts, in failing to delete interest levied under Section 234B of the Act. The Appellant craves leave to add, alter, amend, substitute or withdraw all or any of the Grounds of Appeal herein and to submit such statements, documents and papers

M/S. FLIPKART INDIA PVT. LTD.,BANGALORE vs. ACIT, SPECIAL RANGE-3, BANGALORE

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

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2017-18

270A of the Act by Ld. AO. 12. The Ld. CIT(A) has erred in law and on facts, in failing to delete interest levied under Section 234B of the Act. The Appellant craves leave to add, alter, amend, substitute or withdraw all or any of the Grounds of Appeal herein and to submit such statements, documents and papers

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

The appeal of the assessee is allowed

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

9 (Kar HC), the ITAT, inter alia, held that depreciation should be allowed considering the facts of the Appellant's case. 3. Erroneous levy of interest under section 234C of the Act 3.1 The Ld. CIT(A) erred in not adjudicating the above ground while passing the Order under section 250 of the Act. 3.2 On facts and in circumstances

BIOCON BIOLOGICS LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), BANGALORE

Appeal of the assessee is partly allowed for\nstatistical purposes

270A of the Act for underreporting of income.\n10. On the facts and in the circumstances of the case and\nin law, the Ld. AO has erred in not granting the interest in\naccordance with the provisions of section 244A of the Act.\n11. The Ld. AO has erred, in law and on facts in levying\nexcess interest u/s 234C

SHRI. KRISHNA SHIVAPRASAD,MANGALORE vs. INCOME-TAX OFFICER, WARD-2(4), MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

capital gains; 7. The Learned Officer has erred in law and on facts in denying the benefit of exemption to agricultural income to the extent of Rs. 84,66,000/- by treating the same as income from other sources; 8. The Learned AO has erred in law and on facts in not appreciating the nature of activities and circumstances under

MATCHMOVE INDIA PRIVATE LIMITED,BANGALORE vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT AND INCOME TAX OFFICER, WARD 4(1)(3), BANGALORE, BANGALORE

In the result, ground no. 4 of the Appeal is allowed with above direction

Bench: Shri Prashant Maharishi & Shri Sounadararajan K.Ittpa No. 2255/Bang/2024 Assessment Year : 2021-22

section 274 read with 270A of the Act on account of under reporting income. The above grounds of appeal are mutually exclusive and without prejudice to each other. The Appellant prays for leave to add, alter, amend and/or modify any of the grounds of appeal at or before the hearing of the appeal. Prayer: The Appellant prays for appropriate relief

MICROCHIP TECHNOLOGY (INDIA) PRIVATE LIMITED ,BENGALURU vs. DCIT CIRCLE 4(1)(1), BMTC BUILDING, KORAMANGALA

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2018-19

270A of the Act. That the Appellant craves leave to add to and/or to alter, amend, rescind, modify the grounds herein below or produce further documents before or at the time of hearing of this Appeal.” 2. Brief facts of the case are as under: 2.1 Assessee is a company engaged in the business of rendering software engineering application

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

gain as operating in nature for the purpose of computing OP/TC of the Appellant and the OP/TC of the comparable companies remaining in the final set; 6.9. Erred in not providing appropriate adjustments to account for differences in working capital employed by the Appellant vis-a-vis the comparable companies. IT(TP)A No.154/Bang/2022 Page 5 of 28 6.10 Erred

IBM INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

In the result, appeal by the assessee stands allowed as indicated hereinabove

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 289/Bang/2021 Assessment Year : 2015-16 M/S. Ibm India Pvt. Ltd., The Deputy No. 12, Subramanya Commissioner Of Arcade, Income-Tax, Bannerghatta Road, Circle 3 (1)(1), Bangalore – 560 029. Vs. Bangalore. Pan: Aaaci4403L Appellant Respondent Assessee By : Shri Ajay Roti, Ca Revenue By : Shri Pradeep Kumar, Cit Dr Date Of Hearing : 12-01-2022 Date Of Pronouncement : 14-02-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Final Assessment Order Dated 30.04.2021 U/S. 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Act Passed By The National Faceless Assessment Centre, Delhi Relating To Assessment Year 2015-16 On Following Grounds Of Appeal: “The Grounds Stated Hereunder Are Independent Of & Without Prejudice To One Another. The Appellant Submits As Under: 1. Assessment Order Bad In Law 1.1. At The Outset, M/S Ibm India Private Limited (Hereinafter Referred To As 'The Appellant' Or 'The Company') Prays That The Order Dated April 30. 2021

270A of the Act. 17. Other grounds 17.1. The NeAC has erred in law and on facts in levying interest of INR 638,31,67,815 under section 234B of the Act. 18. Relief 18.1. The Appellant prays that directions be given to grant all such relief arising from the preceding grounds as also all reliefs consequential thereto

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.

270A of the Act. 5.2. The Learned AO has erred, in law and on facts, in computing and levying interest under section 234B of the Act. 2. Ground Nos.1 to 1.9 are general in nature, which do not require adjudication. 2.1 Ground Nos.2 to 2.8, ground Nos.3 to 3.5 and ground Nos.4 to 4.4 are not pressed before us. Accordingly