DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU, BENGALURU vs. INFOSYS LIMITED, BENGALURU

In the result, appeal filed by the assessee is partly allowed and the appeal filed by the revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2019-20

depreciation etc. commencing from the year 2001-02 on completion of the period of tax holiday also virtually works as a deduction which has ITA No.245/Bang/2024 Infosys Limited Page 8 of 34 to be worked out at a future point of time, namely, after the expiry of period of tax holiday. The absence of any reference to deduction under Section

M/S HERBALIFE INTERNATIONAL INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-11(4), BANGALORE

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

Bench: Shri N.V. Vasudevanand Shri B. R. Baskaranassessment Year :2008-09 M/S. Herbalife International India Vs. Dcit - 11(4), Private Limited, Bengaluru. Pardhanani Wilshire #14, Commissariat Road, Bengaluru – 560 025. Pan : Aaach 8025 R Appellant Respondent Assessee By : Shri. Nageshwar Rao, Advocate Revenue By : Shri. Sankar Ganesh K, Jcit(Dr)(Itat), Bengaluru Date Of Hearing : 27.12.2021 Date Of Pronouncement : 29.12.2021 O R D E R Per N. V. Vasudevanthis Is An Appeal Filed By The Assessee Against Order Dated 27.08.2018 Of Cit(A)-3, Bengaluru, Relating To Assessment Year 2008-09. The Grounds Of Appeal Nos.2 To 12 Raised By The Assessee Reads As Follows:

section 263 of the Act by an Order dated 17.03.2014. In this order, the CIT was of the view that the assessee had claimed depreciation at 100% on lease hold improvements of Rs.2,10,01,372/- by treating the lease hold improvements as purely temporary erections. It is not disputed that as per entry appearing in Appendix – 1 of Rule

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

10 [“CIT(A)"] under section 250 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"): M/s. Syngene International Limited, Bangalore Page 2 of 29 1.Disallowance of relief claimed under section 10B of the Act 1.1 The Learned CIT(A) has erred in law arid in fact in disallowing the relief claimed under section

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K

10,4 627,11,02,6 1881,33,07,8 -18 34 34 09 25 21.1 Thus, during the year under consideration, the assessee claimed depreciation on the WDV of the intangible assets for Rs. 627,11,02,609/- only. 22. During the assessment proceedings, the AO observed that the valuation assigned to technology, business contracts and goodwill appeared artificial

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K

10,4 627,11,02,6 1881,33,07,8 -18 34 34 09 25 21.1 Thus, during the year under consideration, the assessee claimed depreciation on the WDV of the intangible assets for Rs. 627,11,02,609/- only. 22. During the assessment proceedings, the AO observed that the valuation assigned to technology, business contracts and goodwill appeared artificial

EDGEVERVE SYSTEMS LIMITED ,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Soundararajan K

10,4 627,11,02,6 1881,33,07,8 -18 34 34 09 25 21.1 Thus, during the year under consideration, the assessee claimed depreciation on the WDV of the intangible assets for Rs. 627,11,02,609/- only. 22. During the assessment proceedings, the AO observed that the valuation assigned to technology, business contracts and goodwill appeared artificial

DCIT, BANGALORE vs. M/S NOUS INFO SYSTEMS PVT. LTD.,, BANGALORE

In the result, the Revenue’s appeal is dismissed

Bench: Shri Vijay Pal Rao & Shri. S. Jayaramani.T.A No.63/Bang/2016 (Assessment Year : 2007-08) Deputy Commissioner Of Income Tax, Circle -5(1)(1), Bengaluru .. Appellant V. M/S. Nous Info Systems P. Ltd, No.1, 1St Main, 1St Block, Koramangala, Bengaluru 560 004 .. Respondent Pan : Aaacn4584B Assessee By : Shri. Ujwal Tiwari, Ca Revenue By : Shri. Vijaykumar N, Addl. Cit Heard On : 14.09.2016 Pronounced On : 11 .11.2016 O R D E R Per S. Jayaraman:

29. Form No 1 read with Rule 12 of the Income Tax Rules 1962 provides for return of income and return of fringe benefits

M/S. IBM INDIA PVT. LTD.,,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-4(1)(2), BENGALURU

In the result appeal filed by assessee stands partly allowed

Bench: Shri. B. R. Baskaran & Smt. Beena Pillai

Section 92CC with the caption “Advance Pricing Agreement” provides through sub-section (1): `The Board, with the approval of the Central Government, may enter into an advance pricing agreement with any person, determining the arm's length price … in relation to an international transaction …’. Sub-section (2) gives the manner of determination of the ALP referred to in sub-section

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

10-B and could not be taxed separately under section 56. [Para 37].” ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore Page 33 of 38 35.1 In view of the above judgement of jurisdictional High Court, we allow the ground taken by the assessee holding that it should be considered as part of export income

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-12 , BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

10-B and could not be taxed separately under section 56. [Para 37].” ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore Page 33 of 38 35.1 In view of the above judgement of jurisdictional High Court, we allow the ground taken by the assessee holding that it should be considered as part of export income

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

10-B and could not be taxed separately under section 56. [Para 37].” ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore Page 33 of 38 35.1 In view of the above judgement of jurisdictional High Court, we allow the ground taken by the assessee holding that it should be considered as part of export income

BANGALORE INTERNATIONAL AIRPORT LTD.,,BANGALORE vs. DCIT, 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

10. Here it would be relevant to mention that section 115J, the original predecessor of section 115JB also has Explanation which provides the mechanism for computing the ‘book profit’. Clause (iv) provides for the reduction of the amount of the loss or the amount of depreciation which would be required to be set off against the profit of the relevant

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

10. Here it would be relevant to mention that section 115J, the original predecessor of section 115JB also has Explanation which provides the mechanism for computing the ‘book profit’. Clause (iv) provides for the reduction of the amount of the loss or the amount of depreciation which would be required to be set off against the profit of the relevant

EDGEVERVE SYSTEMS LIMITED,BANGALORE vs. ACIT, CIRCLE-2(2)(1), BANGALORE

Bench: Shri Waseem Ahmed & Shri Soundararajan K

10,4 627,11,02,6 1881,33,07,8 -18 34 34 09 25 21.1 Thus, during the year under consideration, the assessee claimed depreciation on the WDV of the intangible assets for Rs. 627,11,02,609/- only. 22. During the assessment proceedings, the AO observed that the valuation assigned to technology, business contracts and goodwill appeared artificial

AMERICAN POWER COVERSION (INDIA) PRIVATE LIMITED,BANGALORE vs. ADDL.C.I.T., BANGALORE

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

Bench: Shri A.K.Garodia & Smt.Beena Pillaiit(Tp)A No.1319(Bang)/2011 (Assessment Year : 2007-08)

10 years equally yearly installments from the year in which it is incurred.” An amount of Rs.11,692,020/- has been debited to Profit and Loss Account as “Deferred Revenue Expenditure”. This amounts to nearly 8.28 percent of sales of this company. Reliance was made to decision of Mumbai Bench of Tribunal in case of Teva Pharma Private

DCIT, BANGALORE vs. M/S SOBHA DEVELOPERS LTD.,, BANGALORE

In the result, appeal of the revenue is partly allowed

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

10(2A) of the Act, the ld. counsel for the assessee submitted that the facts with regard to claim u/s. 115JB are already available on record and notwithstanding the assessee’s failure to make a claim in the return of income, it was incumbent on the part of the AO to compute the book profits in accordance with the mandate

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 32(1)(ii) of the Act and therefore, they are in the nature of intangible assets, eligible for depreciation at the prescribed rate, wherein it was held as under: “The law has specified items of intangible assets eligible for depreciation in the following categories : (i) know-how (ii) patents (iii) copyrights (iv) trademarks (v) licences (vi) franchises

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 32(1)(ii) of the Act and therefore, they are in the nature of intangible assets, eligible for depreciation at the prescribed rate, wherein it was held as under: “The law has specified items of intangible assets eligible for depreciation in the following categories : (i) know-how (ii) patents (iii) copyrights (iv) trademarks (v) licences (vi) franchises