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

36(1)(va) and 43B of the I.T.Act by Finance Act, 2021 will not have application for the relevant assessment year, namely A.Y. 2019-2020. Accordingly, I direct the A.O. to grant deduction in respect of employees' contribution to PF and ESI since the assessee has made Page 14 of 25 ITA Nos. 40, 45 & 46/Bang/2017 payment before

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

36(1)(va) and 43B of the I.T.Act by Finance Act, 2021 will not have application for the relevant assessment year, namely A.Y. 2019-2020. Accordingly, I direct the A.O. to grant deduction in respect of employees' contribution to PF and ESI since the assessee has made Page 14 of 25 ITA Nos. 40, 45 & 46/Bang/2017 payment before

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

36(1)(va) and 43B of the I.T.Act by Finance Act, 2021 will not have application for the relevant assessment year, namely A.Y. 2019-2020. Accordingly, I direct the A.O. to grant deduction in respect of employees' contribution to PF and ESI since the assessee has made Page 14 of 25 ITA Nos. 40, 45 & 46/Bang/2017 payment before

M/S. K. MOHAN & COMPANY (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

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

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

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

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

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

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

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

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

36(1)(va) of the Act. In our opinion, the CIT(A) already deleted the addition made on this count in para 4.2 of this order being so this ground of appeal is infructuous accordingly the same is dismissed. 7. Next ground is with regard to the addition of Rs.46,24,823/- in respect of the service tax collected

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

36(1)(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

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

36(1)(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

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

DB ENGINEERING & CONSULTING GMBH,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), INTERNATIONAL TAXATION, , BENGALURU

In the result, appeal of the assessee is partly allowed

Bench: Shri. Laxmi Prasad Sahu & Shri Prakash Chand Yadav & It(It)A No.1377/Bang/2024 Assessment Year : 2020-21 M/S. Db Engineering & Consulting Gmbh, Dcit (International 82/4, 3Rd Floor, North Wing, Hulkul Brigade Taxation), Centre, Lavelle Road, Ward No.76, Vs. Circle – 1(1), Bangalore – 560 001. Bangalore. Pan :Aaecd 9085 B Appellant Respondent Assessee By : Smt. Susan Mathew, Ca Revenue By : Shri. Subramanian S, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 25.10.2024 Date Of Pronouncement : 19.11.2024

36(1)(va) of the Act towards belated remittance of employees’ contribution towards PF and the CPC applied surcharge @ 5% instead of 2% as computed by the assessee. 3. Aggrieved from the above Order of the CPC, the assessee field an appeal before the CIT(A). The CIT(A), after considering the entire submissions, dismissed the appeal of the assessee

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

M/S WYZMINDZ SOLUTIONS PRIVATE LIMITED ,BANGALORE vs. INCOME TAX OFFICER WARD-7(1)(4), BANGALORE

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

Bench: Shri Chandra Poojari

36 (1)(va), for FY 2012-13 & 2013-14, which is opposed by appellant in filed appeal dated 30.03.2016, which is still under appeal proceeding, hence addition of this amount is not justifiable. 8. The learned Commissioner of Income-tax [Appeals] was not justified in not providing one more 3 M/s.Wyzmindz Solutions Pvt.Ltd. opportunity and considering the fact and circumstance

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

36(1)(iii) of the Act. It was noted by the lower authorities that no such deduction to be allowed unless it has been taken only while computing income of the assessee in the previous year in which the amount of such debt or part there of is written off or of an earlier previous year, or represent money lent

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

M/S IDS NEXT BUSINESS SOLUTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER PF INCOME TAX CIRCLE-3(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12

gains of business or profession. The assessee has separately accounted for the service tax collected is also the indirect part of turnover because it is received along with turnover. The assessee has not shown any invoice raised by him before us as per service tax Rules, which is mandatory for the service provider to issue invoice to the service recipient

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