DCIT, BANGALORE vs. M/S BANGALORE INTERNATIONAL AIRPORT LTD.,, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raobangalore International Airport Ltd. Administration Block, Bial, Devanahalli Bangalore-560 300. … Appellant Pan:Aabc8973D Vs. Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Respondent & Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Appellant Vs. Bangalore International Airport Ltd. Bangalore-560 300. … Respondent

forward loss of Rs.36,33,40,000/- from the declared net profit of Rs.83,62,22,838/-. For the purpose of arriving at the amount of loss or depreciation which is eligible for set off against ITA Nos.510 & 662/Bang/2014 Page 20 of 37 book profit, had considered amount of loss or depreciation on cumulative basis as per books of account

CHANDRASHEKAR HEMANTH ,BENGALURU vs. INCOME TAX OFFICER WARD 7(2)(4) BANGALORE, BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2017-18

forward business losses and unabsorbed depreciation, and while allowing the carry forward of business losses , the AO shall also verify

WINTAC LIMITED,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri B.R Baskaran & Shri Pavan Kumar Gadale

forward unabsorbed loss of Rs.75 and unabsorbed depreciation of Rs.25 from the preceding financial year. The book profit is, say, Rs.35 in thecurrent year. The assessee has reduced Rs.25/- (being lower of unabsorbed losses and unabsorbed depreciation) from the book profit and adjusted the same under unabsorbed losses and consequently carried

INCOME TAX OFFICER, WARD-11(1), BANGALORE vs. M/S BRITISH ENGINES(I)P LTD, BANGALORE

In the result, both the appeals of the revenue are dismissed

Bench: Shri Vijaypal Rao & Shri Inturi Rama Rao

forward losses and depreciation of other undertakings/non-10A/10B units. S. 10A/10B(6) as amended by the FA 2003 w.r.e.f. 1.4.2001 provides that depreciation and business loss of the eligible unit relating to the AY 2001-02 & onwards is eligible for set-off & carry

M/S. TEXTRON INDIA PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri Vijaypal Rao & Shri Inturi Rama Raoi.T. (T.P) A. No.1228/Bang/2010 (Assessment Year : 2006-07) M/S. Textron India Private Limited, (Formerly Known As Textron Global Technology Centre Pvt. Ltd.) Global Village, Rvce Post, Mylasandra, Off Mysore Road, Bangalore-560 059 …. Appellant. Pan Aacct 0118M Vs. Dy. Commissioner Of Income Tax, Circle 12(4), Bangalore. ….. Respondent. Appellant By : Shri P.K. Prasad. Respondent By : Smt. Neera Malhotra, Cit (D.R) Date Of Hearing : 30.11.2015. Date Of Pronouncement : 13.1.2016. O R D E R Per Shri Vijaypal Rao, J.M. :

forward losses and depreciation of other undertakings/non-10A/10B units. S. 10A/10B(6) as amended by the FA 2003 w.r.e.f. 1.4.2001 provides that depreciation and business loss of the eligible unit relating to the AY 2001-02 & onwards is eligible for set-off & carry

SOFTBRANDS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri Abraham P George & Shri Vijay Pal Rao

forward losses and depreciation of other undertakings/non-10A/10B units. S. 10A/10B(6) as amended by the FA 2003 w.r.e.f. 1.4.2001 provides that depreciation and business loss of the eligible unit relating to the AY 2001-02 & onwards is eligible for set-off & carry

M/S RAMSOFT TECHNOLOGIES PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raom/S.Ramsoft Technologies Pvt. Ltd. No.104A, 4Th Cross, Electronic City, Hosur Road, Bangalore-561229. … Appellant Pa No.Aaacr 6948 R Vs. Deputy Commisioner Of Income-Tax, Circle 12(4), Bangalore. … Respondent

carry forward losses and depreciation before the allowing the deduction u/s 10A of the Act. 6. That the learned Commissioner

INDO NISSIN FOODS PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, the appeal by the assessee is dismissed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

carry forward to the subsequent year. Accordingly, the unabsorbed depreciation loss carried forward from AY 2009-10 amounting to Rs. 1,42,26,745 was available

MAKINO INDIA PVT. LTD.,,BANGALORE vs. ACIT,

In the result, the assessee's appeal for Assessment Year 2004-05 is treated as partly allowed for statistical purposes

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

forward or unabsorbed depreciation, whichever is less as per the books of accounts. While concluding the assessment under Section 143(3) of the Act vide order dt.28.12.2006, the Assessing Officer determined the losses at Rs.1,18,08,800 and also computed the losses and depreciation carried

DCIT, BANGALORE vs. M/S MAKINO INDIA PRIVATE LIMITED, BANGALORE

In the result, the assessee's appeal for Assessment Year 2004-05 is treated as partly allowed for statistical purposes

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

forward or unabsorbed depreciation, whichever is less as per the books of accounts. While concluding the assessment under Section 143(3) of the Act vide order dt.28.12.2006, the Assessing Officer determined the losses at Rs.1,18,08,800 and also computed the losses and depreciation carried

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(1), BENGALURU vs. M/S.OZONE PROPERTIES PVT. LTD.,, BENGALURU

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2014-15 M/S. Ozone Properties The Assistant Pvt. Ltd., Commissioner Of No. 38, Ozone Group, Income Tax, Ulsoor Road, Central Circle – 2(1), Ulsoor, Bangalore. Vs. Bangalore – 560 042. Pan: Aaaco6672M Appellant Respondent & C.O.No. 01/Bang/2022 (In Ita No. 95/Bang/2022) (By Assessee) Assessee By : Shri Kodandapani, Ca : Dr. Manjunath Karkihalli, Revenue By Cit Dr Date Of Hearing : 01-09-2022 Date Of Pronouncement : 09-09-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee & Revenue Against Order Dated 30.11.2021 Passed By Ld.Cit(A)-11, Bangalore For A.Y. 2014-15 On Following Grounds Of Appeal:

forward depreciation loss as per books of accounts. We find that provisions of Sections 32(2) and 72 of the Act explicitly provide that the amount would be carried

MINDTECK (INDIA) LIMITED,BANGALORE vs. ITO, BANGALORE

In the result, appeal by the Assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

forward of depreciation and loss suffered in respect of any year during the tax holiday for being set off against income post tax holiday, it is necessary that a notional computation of business income and the depreciation should be made for each year of the tax holiday period. Such loss is eligible to be carried

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1) , BANGALORE vs. MITSUBISHI HEAVY INDUSTRIES-VST DIESEL ENGINES PRIVATE LIMITED, MYSURU

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2016-17

carry forward losses as per 25/5/ 2017 rectification order and MAP order for AY 2009-10 and AY 2011-12 Letter filed with jurisdictional AO informing about the revised return and furnishing the details of 26/05/2017 losses Date of the order giving effect for MAP order passed 10/5/ 2018 for AY 12-13 Suo-moto payment of additional taxes

M/S. MISTRAL SOFTWARE PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), , BENGALURU

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

losses. 9 ITA Nos.1911-1914/Bang/2018 M/s.Mistral Solutions Pvt.Ltd. 9.5 Similarly, it is a settled principle that unabsorbed depreciation forms part of current year depreciation under section 32(2) and consequently unabsorbed depreciation should also be set off against any income of a subsequent year under any head. Further, the restriction of eight years for carry forward

M/S. MISTRAL SOFTWARE PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), BENGALURU

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

losses. 9 ITA Nos.1911-1914/Bang/2018 M/s.Mistral Solutions Pvt.Ltd. 9.5 Similarly, it is a settled principle that unabsorbed depreciation forms part of current year depreciation under section 32(2) and consequently unabsorbed depreciation should also be set off against any income of a subsequent year under any head. Further, the restriction of eight years for carry forward

M/S. MISTRAL SOFTWARE PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(2),, BENGALURU

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

losses. 9 ITA Nos.1911-1914/Bang/2018 M/s.Mistral Solutions Pvt.Ltd. 9.5 Similarly, it is a settled principle that unabsorbed depreciation forms part of current year depreciation under section 32(2) and consequently unabsorbed depreciation should also be set off against any income of a subsequent year under any head. Further, the restriction of eight years for carry forward

M/S. MISTRAL SOFTWARE PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), BANGALORE

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

losses. 9 ITA Nos.1911-1914/Bang/2018 M/s.Mistral Solutions Pvt.Ltd. 9.5 Similarly, it is a settled principle that unabsorbed depreciation forms part of current year depreciation under section 32(2) and consequently unabsorbed depreciation should also be set off against any income of a subsequent year under any head. Further, the restriction of eight years for carry forward

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(2), BANGALORE vs. M/S CELSTREAM TECHNOLGOIES P LTD, BANGALORE

Bench: Shri Vijay Pal Rao & Shri G.Manjunatha

depreciation and business loss relating to the asst. yr. 2001-02 onwards. The amendment indicates the legislative intention of providing the benefit of carry forward

M/S RANGSONS ELECTRONICS PVT. LTD.,,MYSORE vs. CIT, BANGALORE

In the result, appeal of the assessee is allowed

Bench: Smt. Asha Vijayaraghavan & Shri. Abraham P. Georgei.T.A No.448/Bang/2015 (Assessment Year : 2010-11) M/S. Rangsons Electronics P. Ltd, No.347/D1 & 2, Electronics City, Hebbal Industrial Area, Mysore 570 016 .. Appellant Pan : Aaacr8750R V. Commissioner Of Income-Tax (Central), Bangalore .. Respondent Assessee By : Shri. Dinesh P, Advocate Revenue By : Shri. Sunil Kumar Agarwala, Jcit Heard On : 15.10.2015 Pronounced On : 20.10.2015 O R D E R Per Abraham P. George:

forward losses and depreciation of other undertakings/non-10A/10B units. S. 10A/10B(6) as amended by the FA 2003 w.r.e.f. 1.4.2001 provides that depreciation and business loss of the eligible unit relating to the AY 2001-02 & onwards is eligible for set- off & carry