M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation, remuneration, and interest on capital of partners. As could be noticed there from the income declared by the assessee is substantially high as compared to other comparable cases. If at all the income is assessed as estimated in the statement., the same will result in assessment of unreasonably higher income defeating the principle of assessing the real income. During

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation, remuneration, and interest on capital of partners. As could be noticed there from the income declared by the assessee is substantially high as compared to other comparable cases. If at all the income is assessed as estimated in the statement., the same will result in assessment of unreasonably higher income defeating the principle of assessing the real income. During

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation, remuneration, and interest on capital of partners. As could be noticed there from the income declared by the assessee is substantially high as compared to other comparable cases. If at all the income is assessed as estimated in the statement., the same will result in assessment of unreasonably higher income defeating the principle of assessing the real income. During

M/S. YASHASWI FISH MEAL AND OIL COMPANY,UDUPI vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation, remuneration, and interest on capital of partners. As could be noticed there from the income declared by the assessee is substantially high as compared to other comparable cases. If at all the income is assessed as estimated in the statement., the same will result in assessment of unreasonably higher income defeating the principle of assessing the real income. During

M/S. BILL FORGE PRIVATE LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX (LTU), CIRCLE - 1, BANGALORE

In the result appeal is allowed partly to extent indicated above

Bench: Shri Maharishi Prashant & Shri Prakash Chand Yadavshri Chandra Poojariassessment Year : 2012-13 Mahindra Cie Automotive Ltd., Vs. Acit (Ltu), Formerly Known As Bill Forge Pvt. Ltd., Circle –1, #9C, Hosur Road, Bangalore. Bommasandra Industrial Area, Bangalore – 560 099. Pan : Aaacb 8620 J Appellant Respondent Assessee By : Shri. Narendra Sharma, Advocate Revenue By : Mrs. Neera Malhotra Cit Dr Date Of Hearing : 07.11.2024 Date Of Pronouncement : 18.11.2024

additional depreciation is allowable. 24. Ground number 5 of the income with respect to addition of ₹ 1,624,491/– being

M/S. SYNGENE INTERNATIONAL LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 6, BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2010-11

depreciation under section 32(1)(iia) of the Act. 5 Addition under section 14A of the Act 5.1 The Learned CIT(A) has erred in law and on facts in making an addition under section 14A of the Act by applying Rule 8D of the Income

TEXAS INSTRUMENTS (INDIA) PRIVATE LIMITED,BANGALORE vs. CIT, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B R Baskaranit(Tp)A No.731/Bang/2016 Assessment Year: 2009-10 M/S. Texas Instruments (India) Private Limited, Vs. The Additional Commissioner Of Bagmane Tech Park, Income Tax, Ltu, No.66/3, Adjacent To Lrde, Bangalore. Byrasandra, C V Raman Nagar, Bangalore – 560 093. Pan: Aaact 5445M Appellant Respondent Assessee By : Shri. Sharath Rao, Ca Revenue By : Shri. Pradeep Kumar, Cit (Dr) (Itat), Bengaluru. Date Of Hearing : 6.1.2020 Date Of Pronouncement : 7.1.2020

income at Rs. 284,39,22,040/-. 3. On perusal of the assessment records, the CIT in exercise of his powers under section 263 of the Act, was of the view that the Assessment Order passed by he AO was erroneous and prejudicial to the interest of the revenue for the reason that the Assessee had claimed additional depreciation

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

income as declared and the addition as made/confirmed is adhoc, without any basis and purely on conjectures and surmises is to be deleted 6. The Learned CIT(A) has erred in confirming the disallowance made by the Assessing officer to the extent of 50 percent of the expenditure (net of Depreciation

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

income as declared and the addition as made/confirmed is adhoc, without any basis and purely on conjectures and surmises is to be deleted 6. The Learned CIT(A) has erred in confirming the disallowance made by the Assessing officer to the extent of 50 percent of the expenditure (net of Depreciation

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

income as declared and the addition as made/confirmed is adhoc, without any basis and purely on conjectures and surmises is to be deleted 6. The Learned CIT(A) has erred in confirming the disallowance made by the Assessing officer to the extent of 50 percent of the expenditure (net of Depreciation

K. G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

income as declared and the addition as made/confirmed is adhoc, without any basis and purely on conjectures and surmises is to be deleted 6. The Learned CIT(A) has erred in confirming the disallowance made by the Assessing officer to the extent of 50 percent of the expenditure (net of Depreciation

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

income as declared and the addition as made/confirmed is adhoc, without any basis and purely on conjectures and surmises is to be deleted 6. The Learned CIT(A) has erred in confirming the disallowance made by the Assessing officer to the extent of 50 percent of the expenditure (net of Depreciation

K.G. KRISHNA,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Bench: Shri Chandra Poojari & Smt. Beena Pillai

income as declared and the addition as made/confirmed is adhoc, without any basis and purely on conjectures and surmises is to be deleted 6. The Learned CIT(A) has erred in confirming the disallowance made by the Assessing officer to the extent of 50 percent of the expenditure (net of Depreciation

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

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

Bench: S/Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Ita Nos. 3040 & 3041/Bang/2018 Assessment Years: 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Coffee Day Global Limited, Income-Tax, Central Circle-1(3), No.23/2, Coffeeday Square, 3Rd Floor, C.R. Building, Vittal Mallya Road, Queen’S Road, Bengaluru-560 001. Bengaluru-560 001. [Pan: Aabca 5291P]

depreciation or otherwise) in computing the income chargeable under the head “Profits and gains of business or profession” of any one previous year”. 6.4 The Supreme Court in the case of Commissioner of Income-tax vs. N.C. Budharaja and Co. and another reported in [1993] 204 ITR 412, has held that for 15 I.T.A. Nos.3040 & 3041/Bang/2018 determining whether manufacturing

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

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

Bench: S/Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Ita Nos. 3040 & 3041/Bang/2018 Assessment Years: 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Coffee Day Global Limited, Income-Tax, Central Circle-1(3), No.23/2, Coffeeday Square, 3Rd Floor, C.R. Building, Vittal Mallya Road, Queen’S Road, Bengaluru-560 001. Bengaluru-560 001. [Pan: Aabca 5291P]

depreciation or otherwise) in computing the income chargeable under the head “Profits and gains of business or profession” of any one previous year”. 6.4 The Supreme Court in the case of Commissioner of Income-tax vs. N.C. Budharaja and Co. and another reported in [1993] 204 ITR 412, has held that for 15 I.T.A. Nos.3040 & 3041/Bang/2018 determining whether manufacturing

M/S. INDUS TRUST ,BENGALURU vs. ACIT, CIRCLE-2(2)(1), BENGALURU

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

additional depreciation at 20% of the actual cost under section 32(1)(iia), as the assessee was engaged in the business of generation of power. The assessee furnished complete details during the assessment proceedings, including the depreciation working as per the Income

M/S. SLING MEDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt Beena Pillai

additional depreciation u/s 32(1)(iia) of the Income tax Act, 1961 Act Page 2 of 13 on the additions

M/S HASSAN CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD ,HASSAN vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, HASSAN

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year: 2014-15

additional depreciation claimed u/s 32(1)(iia) of the Income-tax Act,1961 ['the Act' for short]. b) Disallowance of deduction

BOSCH GLOBAL SOFTWARE TECHNOLOGIES PRIVATE LIMITED ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2016-17

income, claimed additional depreciation under section 32(1)(iia) of the Act on computers used for the production of software