THE ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE- 1 , MANGALORE vs. M/S HUBLI DHARWAD URBAN DEVELOPMENT AUTHORITY , HUBLI

In the result, the appeal filed by the revenue stands partly allowed for statistical purposes in the terms indicated above

Bench: Shri N.V. Vasudevan, Vice- & Shri Arun Kumar Garodiaassessment Year : 2012-13 The Assistant M/S. Hubli Dharwad Urban Commissioner Of Development Authority, Income Tax Vs. Navanagar, (Exemptions), Hubbali. Circle – 1, Pan: Aaalh0053J Mangaluru. Appellant Respondent Assessee By : Shri Gangadhar .J.M, Advocate Revenue By : Shri C.H. Sundar Rao, Cit (Dr) Date Of Hearing : 04.11.2019 Date Of Pronouncement : 08.11.2019

Section 13(8) r.w.s.2(15) of the Act, and said disallowance, is irrespective of the assessee having registration u/s.12AA or not" 3. Whether the Ld.CIT(A), Hublli has in ordering the Assessing Officer to reconsider the issue as to whether the assessee is eligible to claim carry forward of earlier year expenditure at the time of giving effect, has exceeded

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

8 of 37 ITA No.2006 /Bang/2019 Page 9 of 37 ITA No.2006 /Bang/2019 Page 10 of 37 ITA No.2006 /Bang/2019 Page 11 of 37 ITA No.2006 /Bang/2019 Page 12 of 37 ITA No.2006 /Bang/2019 Page 13 of 37 07. The ld. CIT (E) issued a show cause notice on 6.6.2019 which was replied to. After considering the reply

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

8 raised by the Assessee. 59. Additional Gr.No.15 & 21 are concerned, the same are in relation to Goodwill claimed by the Assessee as deductible revenue expenditure or in the alternative treat is as commercial right on which the Assessee should be allowed depreciation. 60. As we have already seen, during the relevant assessment year under consideration, the assessee

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 of the Act from F.Y. 2014-15 relevant to A.Y. 2015-16 till the year under consideration in the following manner: A.Y. Opening WDV Addition Total assets Depreciation Closing WDV (Rs.) during the (Rs.) at 25% (Rs.) (Rs.) year (Rs.) 2015 - 412,05,36,13 412,05,36,13

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 of the Act from F.Y. 2014-15 relevant to A.Y. 2015-16 till the year under consideration in the following manner: A.Y. Opening WDV Addition Total assets Depreciation Closing WDV (Rs.) during the (Rs.) at 25% (Rs.) (Rs.) year (Rs.) 2015 - 412,05,36,13 412,05,36,13

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 of the Act from F.Y. 2014-15 relevant to A.Y. 2015-16 till the year under consideration in the following manner: A.Y. Opening WDV Addition Total assets Depreciation Closing WDV (Rs.) during the (Rs.) at 25% (Rs.) (Rs.) year (Rs.) 2015 - 412,05,36,13 412,05,36,13

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

In the result, the appeals filed by the assessee is allowed with the above directions

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

13(8) are inapplicable and consequently exemption under section 11 is to be allowed as claimed by the appellant. 5. Lapsed Security deposit is not in the nature of income 5.1 The learned CIT(A)-14, Bangalore has erred in confirming the action of the learned assessing officer in assessing Lapsed Security deposits amounting

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

In the result, the appeals filed by the assessee is allowed with the above directions

Bench: Shri Prashant Maharishi & Shri Soundararajan K.

13(8) are inapplicable and consequently exemption under section 11 is to be allowed as claimed by the appellant. 5. Lapsed Security deposit is not in the nature of income 5.1 The learned CIT(A)-14, Bangalore has erred in confirming the action of the learned assessing officer in assessing Lapsed Security deposits amounting

CENTRE FOR E-GOVERNANCE ,BANGALORE vs. DCIT, EXEMPTION, CIRCLE-1 , BANGALORE

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Year: 2021-22

8), seventeenth proviso to section 10(23C) and third proviso to section 143(3) (all with retrospective effect from 1-4-2009), reaffirm this interpretation and bring uniformity across the statutory provisions. B. Authorities, corporations, or bodies established by statute B.1 The amounts or any money whatsoever charged by a statutory corporation, board or any other body

ASSISTANT COMMISSIONER OF INCOME TAX (E) CIRCLE-1 , BANGALORE vs. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD , BANGALORE

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

Bench: Shri. B. R. Baskaran & Smt. Beena Pillaiassessment Year : 2012 – 13

8 of 19 ITA Nos.951 & 903/Bang/2017 purpose of application is outlined. The funds cannot be distributed or appropriated to any person unless the same is in accordance with the assessee's objectives. The employment utilization and channelizing of funds can be done within the broad framework of the assessee's objectives. Acquisition and development of lands 25. The Acquisition section

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K

section 32 of the Act from F.Y. 2014-15 relevant to A.Y. 2015-16 till the year under consideration in the following manner: Α.Υ. Opening WDV (Rs.) Addition during the year (Rs.) Total assets (Rs.) Depreciation at 25% (Rs.) Closing WDV (Rs.) 2015 412,05,36,13 412,05,36,13

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 or otherwise in respect of any asset, acquisition of which has been claimed as an application of income under this section in the same or any other previous year.” 17. As already stated, the aforesaid amendment is prospective and will apply only from A.Y. 2015-16. In view of the above legal position, we are of the view that

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

Bench: Shri George George K. & Shri Chandra Poojari

13) of Section 80-lB provides for applicability of the provisions of sub-section (5) and sub-sections (7) to (12) to Section 80-IA, so for as may be, applicable to the eligible business under Section 804B. Therefore, at the outset, we stated that one needs to read Sections 801, 80-IA and 80-IB as having a common

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

8) which says that provisions of section 10A(6) are equally applicable which bars giving effect to section 32(2) even in later years. (xii) Further section 10AA being part of chapter III is essentially a exemption section though Post amendment, such exemption is available in form of deduction from profits and gains derived from the undertaking, the interpretation needs

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. WIPRO LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.2556/Bang/2019 Assessment Year : 2015-16

8 of 85 2.16 Section 35 relates to allowance of expenditure towards scientific Research. The Act permits the claim of expenditure of scientific research for both inhouse R&D and institutional R&D. For inhouse R&D by the assessee the provisions of 35(1)(i) and 35(1)(iv) provide for revenue expenditure and capital expenditure respectively. Where

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

8 1145/Bang/2018 2011- “ “ 12 9 1146/Bang/2018 2012- “ “ 13 10 1147/Bang/2018 2013- “ “ ITA Nos.1142 to 1148 /Bang/2018 CO Nos.88 to 89 /Bang/2018 Page 2 of 73 11 1148/Bang/2018 2014- “ “ 15 12 CO No. 88 2008- Sri Srinivasa The Dy. /Bang/2018 09 Educational & Commissioner (In ITA No.1142 Charitable Trust, of Income-tax, No.619/G, 2ndBlock,. /Bang/2018) Central Circle 36th Cross, -2(1) Rajajinagar

TATA ELXSI LIMITED ,BANGALORE vs. DEPUTY COMMISIONER INCOMER TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Tata Elxsi Ltd., The Deputy 126, Itpb Road, Commissioner Hoody, Of Income Tax, Whitefield, Circle – 7(1)(1), Bangalore – 560 048. Bangalore. Vs. Pan: Aaact7872Q Appellant Respondent

13)]. We may reiterate that Sections 801, 80-IA and 80-lB have a common scheme and if so read it is clear Page 14 of 39 that the said sections provide for incentives in the form of deduction(s) which are linked to profits and not to investment. On analysis of Sections 80-IA and 80-IB it becomes

DCIT, BANGALORE vs. SOBHA RENAISSANCE INFORMATION TECHNOLOGY PVT. LTD.,, BANGALORE

In the result, the appeal of Revenue is partly allowed for statistical

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

depreciation. On appeal, the learned CIT (Appeals) has confirmed the view of the Assessing Officer that the expenditure in question is capital in nature. However, the learned CIT (Appeals) has allowed the alternate claim of the assessee under Section 35(1)(iv) of the Act. 5. Before us, the learned Departmental Representative has submitted that the learned CIT (Appeals