M/S. VIJAYANAGAR EDUCATIONAL TRUST,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), BENGALURU

In the result appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2019-20

depreciation if the cost of the assets is not allowed as utilisations, does not make the activities of the trust as Non genuine or in violation of provision of section 11, 12 or 13

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, EXEMPTIONS, CIRCLE-1, , BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

13(8) of the Act and treated the income under the\nhead “Profits and Gains of Business or Profession”. Thereafter the Ld.CIT(A)\nhad considered the other disallowances and granted partial relief.\n7. The assessee not satisfied with the orders of the Ld.CIT(A), is in\nappeals before this Tribunal.\n8. At the time of hearing, the Ld.AR submitted that

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

section 32(1) of the Act, the AO held that depreciation in the hands of the successor cannot exceed the amount what would have been allowable to the predecessor. Since no depreciation was allowable or claimed by Infosys ITA Nos.290 - 294/Bang/2025 Page 13

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

section 32(1) of the Act, the AO held that depreciation in the hands of the successor cannot exceed the amount what would have been allowable to the predecessor. Since no depreciation was allowable or claimed by Infosys ITA Nos.290 - 294/Bang/2025 Page 13

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

section 32(1) of the Act, the AO held that depreciation in the hands of the successor cannot exceed the amount what would have been allowable to the predecessor. Since no depreciation was allowable or claimed by Infosys ITA Nos.290 - 294/Bang/2025 Page 13

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, EXEMPTIONS, CIRCLE-1, BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

13(8) of the Act and treated the income under the\nhead “Profits and Gains of Business or Profession”. Thereafter the Ld.CIT(A)\nhad considered the other disallowances and granted partial relief.\n7. The assessee not satisfied with the orders of the Ld.CIT(A), is in\nappeals before this Tribunal.\n8. At the time of hearing, the Ld.AR submitted that

M/S VOLVO INDIA PVT. LTD. vs. ACIT, BANGALORE

In the result, appeal of the Assessee is partly allowed

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

depreciation under section 32(1)(ii) of the Act in the residual category of “business or commercial rights”. The relevant observations of the High Court are as under:- “13

ASST.C.I.T., MANGALORE vs. VISHWACHETAN FOUNDATION, HUBLI

In the result, the appeal of revenue is dismissed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

depreciation is allowable in cases of trust on normal commercial principles, where the assessment of trusts are covered u/s 11, 12 and 13 of the I T Act, 1961 and the provisions of section

KARNATAKA HOUSING BOARD,BANGALORE vs. DCIT, EXEMPTIONS, CIRCLE-1, BANGALORE

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Keshav Dubey\N\Nita Nos.512 & 513/Bang/2025\N Assessment Year : 2021-22 & 2015-16\N\Nkarnataka Housing Board\N4Th Floor Cauvery Bhavan\Nk.G. Road\Nbangalore 560 009\Nvs.\Ndcit (Exemptions)\Ncircle-1\Nbangalore\N\Npan No :Aaajk0398K\Nappellant\Nrespondent\N\Nappellant By\Nrespondent By\N: Sri Padamchand Khincha, A.R.\N: Sri K.M. Mahesh, D.R.\N\Ndate Of Hearing\N: 17.09.2025\Ndate Of Pronouncement\N: 15.12.2025\N\Norder\N\Nper Keshav Dubey:\N\Nthese Appeals At The Instance Of The Assessee Are Directed\Nagainst The Orders Of The 1D. Cit(A)/Nfac Dated 18.02.2025 Vide\Ndin & Order No.Itba/Nfac/S/250/2024-25/1073418441(1) For\Nthe Assessment Year 2021-22 & Vide Order Dated 31.1.2025 With\Ndin & Order No.Itba/Nfac/S/250/2024-25/1072790068(1) For\Nthe Assessment Year 2015-16 Passed U/S 250 Of The Income Tax\Nact, 1961 (In Short “The Act”). Since The Issues In Both The Appeals\Nare Similar, These Are Clubbed Together, Heard Together And\Ndisposed Of By This Common Order For The Sake Of Convenience.\N\N2. First, We Take Up Assessee'S Appeal In Ita No.512/Bang/2025\Nfor The Assessment Year 2021-22 For Adjudication. The Assessee\Nhas Raised The Following Grounds Of Appeal:\N\N1. General Ground\N1.

13 as per Explanation\n3 to section 11 introduced by the Finance Act 2018 w.e.f. 1.4.2019.\n15. 3. On facts and circumstances of the case and law applicable, the disallowance under section\n40(a)(ia) amounting to Rs.1,76,112 is bad in law and liable to be quashed.\n\n16. Depreciation

KARNATAKA HOUSING BOARD,BANGALORE vs. DCIT, EXEMPTIONS, CIRCLE-1, , BANGALORE

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Keshav Dubey\N\Nita Nos.512 & 513/Bang/2025\N Assessment Year : 2021-22 & 2015-16\N\Nkarnataka Housing Board\N4Th Floor Cauvery Bhavan\Nk.G. Road\Nbangalore 560 009\Nvs.\Ndcit (Exemptions)\Ncircle-1\Nbangalore\N\Npan No:Aaajk0398K\N\Nappellant Respondent\N\Nappellant By : Sri Padamchand Khincha, A.R.\Nrespondent By : Sri K.M. Mahesh, D.R.\N\Ndate Of Hearing : 17.09.2025\Ndate Of Pronouncement : 15.12.2025\N\Norder\N\Nper Keshav Dubey:\N\Nthese Appeals At The Instance Of The Assessee Are Directed Against The Orders Of The 1D. Cit(A)/Nfac Dated 18.02.2025 Vide Din & Order No.Itba/Nfac/S/250/2024-25/1073418441(1) For The Assessment Year 2021-22 & Vide Order Dated 31.1.2025 With Din & Order No.Itba/Nfac/S/250/2024-25/1072790068(1) For The Assessment Year 2015-16 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). Since The Issues In Both The Appeals Are Similar, These Are Clubbed Together, Heard Together & Disposed Of By This Common Order For The Sake Of Convenience.\N\N2. First, We Take Up Assessee'S Appeal In Ita No.512/Bang/2025 For The Assessment Year 2021-22 For Adjudication. The Assessee Has Raised The Following Grounds Of Appeal:\N\N1. General Ground\N\N1.

13 as per Explanation 3 to section 11 introduced by the Finance Act 2018 w.e.f. 1.4.2019.\n15. 3. On facts and circumstances of the case and law applicable, the disallowance under section 40(a)(ia) amounting to Rs.1,76,112 is bad in law and liable to be quashed.\n\n16. Depreciation

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

section 32 of the Act from F.Y. 2014-15 relevant to\nA.Y. 2015-16 till the year under consideration in the following manner:\nΑ.Υ. Opening WDV Addition\nTotal assets Depreciation\nat 25% (Rs.)\nClosing WDV\n(Rs.)\nduring\nthe (Rs.)\nyear (Rs.)\n2015\n-16\n412,05,36,13

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(1), BANGALORE

In the result, all the appeals filed by the revenue and all the cross objections filed by the assessee are dismissed

Bench: Shri N.V Vasudevan, Vice Presidnet & Shri B.R Baskaran

section 13(3) in support of which there are clear documentary evidences available in the seized material as also referred to in the assessment order by the Assessing Officer. (iii) Whether in the facts and circumstances of the case, the CIT(A) erred in ignoring the noting in the seized material and also the admission of Principal Person

M/S. TATA ELXSI LIMITED., ,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri George George K. & Shri Chandra Poojari

depreciation has any bearing in determining the quantum of deduction allowable under Section 80/A of the Act? 36. In our opinion, the above question is no longer res-integra. The Apex Court in the case of M/s.Liberty India V/s. Commissioner of Income Tax reported in 2009 (12) SCALE 51, held as under : "13

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

section 32 of the Act from F.Y. 2014-15 relevant to\nA.Y. 2015-16 till the year under consideration in the following manner:\nΑ.Υ.\nOpening WDV\n(Rs.)\nAddition\nduring\nthe\nyear (Rs.)\nTotal assets\n(Rs.)\nDepreciation\nat 25% (Rs.)\nClosing WDV\n(Rs.)\n2015\n412,05,36,13 412,05,36,13

M/S UKN PROPERTIES PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX,, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year: 2011-12

13 of 17 Explanation 4 to section 9(1 (vi) of the Act to clarify that payments for, inter alia. license to use computer software would qualify as royalty. During the FY 10-11, the assessee did not have the benefit of clarification brought by the respective amendment. As such, for the FY 2010-11, in light of the provisions

INCOME TAX OFFICER, EXEMPTIONS, WARD-3, BENGALURU vs. SARAKKI EDUCATION SOCIETY, BENGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

depreciation was declared at ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational Society, Bangalore Page 4 of 19 Rs.6,75,81,997/-. The said return of income was thereafter selected for scrutiny with a limited purpose to examine the entitlement to the benefit of section 11 in the light of the transactions under taken with specified persons u/s. 13

M/S. SARAKKI EDUCATIONAL SOCIETY ,BANGALORE vs. INCOME TAX OFFICER, WARD -3 (EXEMPTIONS), BANGALORE

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

depreciation was declared at ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational Society, Bangalore Page 4 of 19 Rs.6,75,81,997/-. The said return of income was thereafter selected for scrutiny with a limited purpose to examine the entitlement to the benefit of section 11 in the light of the transactions under taken with specified persons u/s. 13

INCOME TAX OFFICER, EXEMPTIONS WARD-3, BENGALURU vs. SARAKKI EDUCATIONAL SOCIETY, BENGALURU

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

depreciation was declared at ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational Society, Bangalore Page 4 of 19 Rs.6,75,81,997/-. The said return of income was thereafter selected for scrutiny with a limited purpose to examine the entitlement to the benefit of section 11 in the light of the transactions under taken with specified persons u/s. 13

M/S. SARAKKI EDUCATIONAL SOCIETY,BANGALORE vs. INCOME TAX OFFICER, WARD-3(EXEMTIONS), BANGALORE

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubey

depreciation was declared at ITA Nos.1973, 1974, 1991 & 1992/Bang/2024 M/s. Sarakki Educational Society, Bangalore Page 4 of 19 Rs.6,75,81,997/-. The said return of income was thereafter selected for scrutiny with a limited purpose to examine the entitlement to the benefit of section 11 in the light of the transactions under taken with specified persons u/s. 13