M/S MCML SYSTEMS PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

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

depreciation of the Non-STPI Units shall not be adjusted against the profits of the STPI Unit for the purposes of computation of the deduction under section 10A of the Act to be allowed to the assessee. We hold and direct accordingly. Consequently, ground Nos. 2 to 5

M/S MCML SYSTEMS PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

In the result, the assessee’s appeal for Assessment Year 2010-11 is allowed

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

depreciation of the Non-STPI Units shall not be adjusted against the profits of the STPI Unit for the purposes of computation of the deduction under section 10A of the Act to be allowed to the assessee. We hold and direct accordingly. Consequently, ground Nos. 2 to 5

ASST.C.I.T., BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

5, but no tax is charged because of the exemption given under section 10A only for a period of 10 years. Merely because the exemption has been granted in respect of the taxability of the said source of income, it cannot be postulated that the assessee is not liable to tax. The said exemption granted under the statute

DCIT, BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

5, but no tax is charged because of the exemption given under section 10A only for a period of 10 years. Merely because the exemption has been granted in respect of the taxability of the said source of income, it cannot be postulated that the assessee is not liable to tax. The said exemption granted under the statute

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

depreciation / business)pertaining to non-10A unit against the profit of 10A unit by replacing reliance on the decision of Hon'ble High Court of Karnataka in the case of M/s. Yokogawa India Ltd., but without appreciating the fact that as per amended provisions of section 10A, deduction under Section 10A has to be allowed from the total income

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

depreciation / business)pertaining to non-10A unit against the profit of 10A unit by replacing reliance on the decision of Hon'ble High Court of Karnataka in the case of M/s. Yokogawa India Ltd., but without appreciating the fact that as per amended provisions of section 10A, deduction under Section 10A has to be allowed from the total income

IBM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2000-2001

5) to any relates to any of the relevant assessment other provision of this Act which has been years; amended or omitted by the Direct Tax Laws (iii) no deduction shall be allowed under (Amendment) Act, 1987 shall, section 80HH or section 80HHA or section 80-I notwithstanding such amendment or or section 80-IA or section

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. 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

5. In order to appreciate the rival contentions, it would be apposite to have a glance at the relevant provisions in this regard. 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

DCIT, BANGALORE vs. M/S CORE OBJECTS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by assessee stands allowed as indicated hereinabove and appeal filed by revenue stands allowed partly

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.517/Bang/2015 Assessment Year : 2010-11

depreciation on software under section 40(a)(ia) of the Act, on account of non-deduction of TDS is not sustainable. • Directed the Ld.AO to verify the claim of TDS having deducted on professional fees paid and to allow the claim of assessee accordingly. • DRP accepted the contention of assessee that in computing deduction under section 10A

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

depreciation as have been adopted for the purpose of preparing a Profit & Loss Account and laid down at its Annual General Meeting in accordance with the provisions of Section 210 of the Companies Act, 1956. In this case, the Bank does not prepare any Profit & Loss Account which is laid down as per the provisions of Section

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

depreciation as have been adopted for the purpose of preparing a Profit & Loss Account and laid down at its Annual General Meeting in accordance with the provisions of Section 210 of the Companies Act, 1956. In this case, the Bank does not prepare any Profit & Loss Account which is laid down as per the provisions of Section

OPTO CIRCUITS INDIA PVT LTD ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

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

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

depreciation for each of the relevant assessment year.” 10. Reading the above sub-sections, we are of the view that the CIT(A) has misread the provisions of sub-sections (5) & (6) of section 10A

DY.C.I.T., BANGALORE vs. M/S INFOSYS LIMITED, BANGALORE

In the result, the appeals filed by the assessee and revenue stands partly allowed as indicated hereinabove

Bench: Shri Chandra Poojaria & Smt. Beena Pillai

5 Allowed in favour 2010-11 4 to 6 of assessee. 2011-12 9 to 11 No disallowance as there was no amount payable as on last day of previous year Disallowance under section Ground nos. 14-21 40(a)(ia) / 40(a)(i) in respect of Paras 9 – 9.1 2007-08 7 to 10 software expenses paid

ASST.C.I.T., BANGALORE vs. M/S INFOSYS LTD.,, BANGALORE

In the result, the appeals filed by the assessee and revenue stands partly allowed as indicated hereinabove

Bench: Shri Chandra Poojaria & Smt. Beena Pillai

5 Allowed in favour 2010-11 4 to 6 of assessee. 2011-12 9 to 11 No disallowance as there was no amount payable as on last day of previous year Disallowance under section Ground nos. 14-21 40(a)(ia) / 40(a)(i) in respect of Paras 9 – 9.1 2007-08 7 to 10 software expenses paid

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE vs. M/S INFOSYS LTD , BANGALORE

In the result, the appeals filed by the assessee and revenue stands partly allowed as indicated hereinabove

Bench: Shri Chandra Poojaria & Smt. Beena Pillai

5 Allowed in favour 2010-11 4 to 6 of assessee. 2011-12 9 to 11 No disallowance as there was no amount payable as on last day of previous year Disallowance under section Ground nos. 14-21 40(a)(ia) / 40(a)(i) in respect of Paras 9 – 9.1 2007-08 7 to 10 software expenses paid

INFOSYS LTD.,,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals filed by the assessee and revenue stands partly allowed as indicated hereinabove

Bench: Shri Chandra Poojaria & Smt. Beena Pillai

5 Allowed in favour 2010-11 4 to 6 of assessee. 2011-12 9 to 11 No disallowance as there was no amount payable as on last day of previous year Disallowance under section Ground nos. 14-21 40(a)(ia) / 40(a)(i) in respect of Paras 9 – 9.1 2007-08 7 to 10 software expenses paid

INFOSYS LTD,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the appeals filed by the assessee and revenue stands partly allowed as indicated hereinabove

Bench: Shri Chandra Poojaria & Smt. Beena Pillai

5 Allowed in favour 2010-11 4 to 6 of assessee. 2011-12 9 to 11 No disallowance as there was no amount payable as on last day of previous year Disallowance under section Ground nos. 14-21 40(a)(ia) / 40(a)(i) in respect of Paras 9 – 9.1 2007-08 7 to 10 software expenses paid