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335 results for “depreciation”+ Section 144Cclear

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Key Topics

Section 143(3)101Transfer Pricing71Addition to Income64Section 92C51Comparables/TP47Disallowance38Depreciation32Section 4030Deduction25

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

In the result, appeal of the Assessee is partly allowed

ITA 1537/BANG/2012[2008-09]Status: DisposedITAT Bangalore08 May 2019AY 2008-09

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

For Appellant: Shri Ajay Vohra, Sr. Advocate &For Respondent: Shri Pradeep Kumar, CIT(DR)(ITAT), Bengaluru
Section 139Section 143Section 143(3)Section 144Section 153(1)Section 18

144C gives a complete go bye to section 153; and (ii) The Act does not contemplate any limitation for passing of draft assessment order, which can be passed within a reasonable time. 14. Though arguments were advanced that the aforesaid decision does not lay down the correct law, we are of the view that a co-ordinate Bench decision

Showing 1–20 of 335 · Page 1 of 17

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Section 10A20
Section 14A20
Section 144C(13)17

M/S SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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

ITA 561/BANG/2015[2010-11]Status: DisposedITAT Bangalore28 Jul 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

For Respondent: Shri Arun Kumar, CIT DR
Section 92D

144C of the Act is without jurisdiction and thus all proceedings consequent to the draft assessment order are also illegal and bad in law and liable to be quashed. (corresponding to additional ground no. 16.2) 16.3 On the facts and in the circumstances of the case and in law, the transfer pricing order being illegal and void on account

D.C.I.T., BANGALORE vs. M/S SAP LABS INDIA PVT. LTD.,, BANGALORE

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

ITA 437/BANG/2015[2010-11]Status: DisposedITAT Bangalore28 Jul 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

For Respondent: Shri Arun Kumar, CIT DR
Section 92D

144C of the Act is without jurisdiction and thus all proceedings consequent to the draft assessment order are also illegal and bad in law and liable to be quashed. (corresponding to additional ground no. 16.2) 16.3 On the facts and in the circumstances of the case and in law, the transfer pricing order being illegal and void on account

M/S. PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal by the assessee is allowed

ITA 154/BANG/2022[2017-18]Status: DisposedITAT Bangalore16 Jun 2023AY 2017-18

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

For Appellant: S/Shri Dhanesh Bafna & Ali Asgar Rampurawala, CAFor Respondent: Shri Sunil Kumar Singh, CIT-2(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92D

144C(11) of the Act. 14. Without Prejudice to Ground no. 11 & 12, on facts and in the circumstances of the case and in law, the Learned AO erred in benchmarking the AMP expenses on its own without referring it to the Learned TPO which is in complete violation of CBDT Instruction No. 3/2016 dt. 10 March 2016. 15. Without

PRACTO TECHNOLOGIES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE 1(3), BENGALURU, BANGALORE

In the result the appeal of the assessee is allowed

ITA 311/BANG/2024[AY 2015-16]Status: DisposedITAT Bangalore20 Feb 2025

Bench: SHRI WASEEM AHMED (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)

For Appellant: Sri Padam Chand Khincha, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 143(2)Section 144Section 144C(10)Section 144C(5)Section 147Section 148Section 153

depreciation under section 32 of the Act ought to be allowed.; and 14.2.2. Treating balance AMP expenditure of INR 31,02,747 as capital in nature even though it was incurred for the purpose of day-to-day business operations of the Appellant and is within the 20% threshold adopted by Learned AO making the said adjustment. The Learned

KAWASAKI MICROELECTRONICS INC,BANGALORE vs. DDIT INTERNATIONAL TAXATION, BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1512/BANG/2010[2007-08]Status: DisposedITAT Bangalore26 Jun 2015AY 2007-08

Bench: Shri Vijaypal Rao & Shri Jason P. Boaz

For Appellant: Shri Chavali Narayan, C.AFor Respondent: Shri Farhat Hussain Qureshi, CIT (D.R)
Section 10ASection 143(3)Section 144C(5)Section 4Section 40

Section 144C(5) of the Act for Assessment Year 2007-08. 2 IT(I.T)A No.1512/Bang/2010 2. The assessee has raised the following grounds :- “1. The order of the learned AO and direction of the Hon’ble DRP are based on incorrect interpretation of law and therefore are bad in law. 2. Based on directions of DRP, the learned

TEKTRONIX (INDIA) PVT LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

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

ITA 673/BANG/2017[2007-08]Status: DisposedITAT Bangalore17 Mar 2020AY 2007-08

Bench: Shri. A. K. Garodia & Smt. Beena Pillaiit(Tp)A 673/Bang/2017 Assessment Year : 2007 – 08

For Appellant: Shri Sharath Rao, CAFor Respondent: Mr. Muzaffar Hussain, CIT – DR
Section 143Section 143(3)Section 144CSection 144C(13)Section 147Section 148

144C(13) of the Income- tax Act, 1961 ("Act") is not in accordance with the law and is contrary to the facts and circumstances of the present case. 2. Reopening of Assessment: 2.1 The Honourable Dispute Resolution Panel ("DRP") erred in upholding the reassessment proceedings initiated under section 147 of the Act without appreciating that no "fresh tangible material

BROCADE COMMUNICATIONS SYSTEMS PRIVATE LIMITED,BENGLURU vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, BENGALURU

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

ITA 656/BANG/2021[2013-14]Status: DisposedITAT Bangalore30 Aug 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Brocade Communications Systems Pvt. Ltd., Floor 3, B & C Wing & The Principal Floor 8, D Wing, S1 Commissioner Of Wipro Electronic City Income Tax – 1, Sez, Doddathogur Bengaluru. Vs. Village, Bengaluru – 560 100. Pan: Aaccb4490N Appellant Respondent : Smt. Tanmayee Rajkumar, Assessee By Advocate : Smt. Priyadarshini Revenue By Baseganni, Addl. Cit (Dr) Date Of Hearing : 28-07-2022 Date Of Pronouncement : 30-08-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against Order Dated 18/03/2020 Passed By The Ld.Pr.Cit For A.Y. 2013-14 On Following Grounds Of Appeal: “1. The Order Of The Principal Commissioner Of Income Tax ('Pr.Cit') Passed Under Section 263 Of The Income-Tax Act, 1961 ('The Act'), Is Bad In Law & Liable To Be Quashed. 2. The Learned Pr.Cit Erred In Law & Facts In Concluding That The Order Of The Assessing Officer ('Ao') Is "Erroneous

For Respondent: Smt. Tanmayee Rajkumar
Section 10ASection 143(3)Section 144C(5)Section 263Section 28Section 92C

144C(8) of the Act could not have exercised powers of enhancement on the aforesaid issue. Therefore, the Commissioner was free under section 263 of the Act to revise the order of the AO on the ground that the AO failed to make necessary enquiries before concluding the assessment.” Accordingly, Ground nos. 1-3 raised by assessee stands dismissed

M/S INFINEON TECHNOLOGIES INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

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

ITA 159/BANG/2019[2006-07]Status: DisposedITAT Bangalore04 Mar 2020AY 2006-07

Bench: Shri A.K. Garodia & Shri Pavan Kumar Gadalem/S. Infineon Technologies India Pvt. Ltd., 9Th Floor, Prestige Thirulakshmi, No.11, Mg Road, Bangalore-560001 ….Appellant Pan Aabcs 6967N Vs. Dy. Commissioner Of Income Tax, Circle 3(1)(1), Bangalore. ……Respondent.

For Appellant: Shri K.R. Vasudevan,& Smt Vidya kurup AdvocateFor Respondent: Shri Pradeep Kumar, CIT (D.R)
Section 143(3)Section 144CSection 144C(5)Section 92C

144C of the Act with total income of Rs.9, 86,91,148/- after considering the relief granted by the DRP in Transfer Pricing Adjustment. Aggrieved by the order, the assessee has filed an appeal before the Tribunal. 6. At the time of hearing, the learned Authorized Representative has argued only Ground Nos.14, 16 & 17. Whereas Ground No.14 relates to exclusion

MARVELL INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BENGALURU

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

ITA 1608/BANG/2024[2020-21]Status: DisposedITAT Bangalore28 Nov 2025AY 2020-21

Bench: Shri Waseem Ahmed & Shri Rahul Chaudharym/S. Marvell India Private Limited 10Th Floor, Tower D & E Global Technology Park, Marathahalli Outer Ring Road Devarabeesanahalli Village Varthurhobli Bangalore 560 103 ………. Appellant [Pan: Aaecm5559R]

For Appellant: Sri Chavali NarayanFor Respondent: Sri Muthu Shankar
Section 143(3)Section 144C(1)Section 144C(13)Section 200ASection 234ASection 234BSection 234CSection 270ASection 274Section 28

Section 144C(1) of the Act on 29/09/2003 proposing the following additions/disallowance adjustments: a) Transfer Pricing (TP) adjustment amounting to Rs.16,00,55,328/- b) Disallowance of Depreciation

M/S CISCO SYSTEMS CAPITAL (INDIA) PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2(1)(1), BANGALORE

In the result appeal filed by assessee for assessment years 2008-09 and 2009-10 stands allowed on legal issue raised and appeals filed by revenue for assessment years

ITA 900/BANG/2019[2008-09]Status: DisposedITAT Bangalore06 Mar 2020AY 2008-09

Bench: Shri. Pradip Kumar Kedia & Smt. Beena Pillai

For Appellant: Shri. Rajan Vora, CAFor Respondent: Ms. Neera Malhotra, CIT – DR
Section 143Section 143(3)Section 144CSection 254Section 263Section 292BSection 92Section 92C

section 144C (1) which would indicate that this requirement of passing draft assessment order in the remand proceedings of an issue by ITAT is to be satisfied. It was submitted that, assessment order cannot be considered to be invalid because even if there is any failure to pass draft assessment order u/s 144C of the Act the same is curable

DY.C.I.T., BANGALORE vs. LENOVO INDIA PVT. LTD.,, BANGALORE

In the result, the assessee's appeal for the Assessment Years 2007-08 as well

ITA 511/BANG/2015[2010-11]Status: DisposedITAT Bangalore31 Mar 2017AY 2010-11

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri P. Pardiwala, Senior AdvocateFor Respondent: Ms. Neera Malhotra, CIT (DR) (ITAT)-2, Bengaluru
Section 143(3)Section 154Section 250Section 36(1)(v)Section 40A(9)

depreciation under section 115JB of the Act. The Appellant craves leave to add, alter, vary, omit, substitute or amend the above grounds, at any time before or at the time of hearing of the appeal. Each of the above objections is independent and without prejudice to the other grounds preferred by the Appellant.” 15. Ground No.1 is general in nature

M/S. TE CONNECTIVITY SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

ITA 300/BANG/2021[2016-17]Status: DisposedITAT Bangalore26 May 2022AY 2016-17

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.300/Bang/2021 Assessment Year : 2016-17

For Appellant: Shri Sriram Sheshadri & Ms. Amulya K., CAsFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)

144C(13) r.w.s. 144B of the Income-tax Act, 1961 [the Act] dated 30.4.2021. 2. The assessee was incorporated on 18.05 2015, as a wholly owned subsidiary of Tyco Electronics Singapore Pte Ltd, Singapore, and is engaged in providing ITeS in the nature of shared services in the areas of Information Technology, Finance back-office, Human Resource, customer support

VMWARE SOFTWARE INDIA PRIVATE LIMITED ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(2), BANGALORE

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

ITA 2127/BANG/2017[2012-13]Status: DisposedITAT Bangalore17 Jun 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2127/Bang/2017 : Asst.Year 2012-2013 M/S.Vmware Software India The Deputy Commissioner Of Private Limited, Kalyani Magnum Income-Tax, Circle 7(1)(2) V. Bangalore. Block-I, 3Rd Floor 165/2 Doraisanipalya, Iim Post Bannerghatta Road Bengaluru – 560 076. Pan : Aaccv4573E. (Appellant) (Respondent) Appellant By : Sri.T.Suryanaranayana, Advocate Respondent By : Dr.Manjunath Karkihalli, Cit -Dr Date Of Pronouncement : 17.06.2022 Date Of Hearing : 03.06.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 24.01.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2012-2013. 2. The Issues Raised In The Appeal Are As Follows:- (I) Validity Of The Impugned Final Assessment Order; (Ii) Transfer Pricing (Tp) Adjustment Of Rs.26,85,43,457 Made By The Transfer Pricing Officer (Tpo) Towards The International Transactions Of Provision Of Contrct Software Development & Information Technology Enabled Services To The Assessee’S Associated Enterprises (Aes); (Iii) Addition Of Rs.7,62,39,388 Being The Alleged Suppressed Income Of The Assessee; & 2 It(Tp)A No.2127/Bang/2017. M/S.Vmware Software India Private Limited.

For Appellant: Sri.T.Suryanaranayana, AdvocateFor Respondent: Dr.Manjunath Karkihalli, CIT -DR
Section 143(3)Section 144C(13)

section 144C(13) of the I.T.Act mandates that the A.O. shall complete the assessment in conformity with the directions issued by the DRP. Since the TP adjustment made in the final assessment order is not in conformity with the DRP’s directions, the final assessment order is, to this extent, bad in law and thus unsustainable. Therefore, we delete

M/S. TE CONNECTIVITY INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2, LTU, BANGALORE

In the result, all these appeals are partly allowed

ITA 2593/BANG/2019[2015-16]Status: DisposedITAT Bangalore23 Sept 2022AY 2015-16

Bench: Shri N. V. Vasudevan & Shri.Chandra Poojariit(Tp)A Nos. & Appellant Respondent Assessment Year 2593/Bang/2019 M/S. Te Connectivity India Private Limited, Acit, 2015-16 Te Park, 22B, Doddenakundi Corporation, Circle – 2, 2Nd Phase, Industrial Area, Large Taxpayer Unit, Whitefield Road, Bengaluru Bengaluru – 560 048. Pan: Aabct 7374 C 372/Bang/2021 -Do- -Do- 2016-17 200/Bang/2022 -Do- Dcit, Ltu, 2017-18 Circle – 2, Bengaluru. 716/Bang/2022 -Do- Acit, 2018-19 Circle – 7(1)(1), Bengaluru. Assessee By : Shri Sriram Seshadri, Advocate Revenue By : Shri Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 21.09.2022 Date Of Pronouncement : 23.09.2022 O R D E R Per N. V. Vasudevan:

For Appellant: Shri Sriram Seshadri, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144BSection 92Section 92ASection 92F

144C(13) of the Act. 2. Since common issues arise for consideration in all these appeals, they were heard together and we deem it convenient to pass consolidated order. 3. The factual background in all these appeals needs to be first set out. The assessee is engaged, inter-alia, in the business of manufacture of connectors & cable interconnects and fibre

ATOS IT SERVICES PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE

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

ITA 226/BANG/2021[2016-17]Status: DisposedITAT Bangalore25 Aug 2022AY 2016-17

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Dhanesh Bafna, CAFor Respondent: Shri Bijoy Kumar Panda, CIT(DR)(ITAT), Bengaluru
Section 143(2)Section 143(3)Section 92B(2)Section 92C

144C(3)(3A)&(3B) of the Income-tax Act, 1961 [the Act] dated 31.3.2021 for the assessment year 2016-17. 2. The assessee has raised 6 grounds as follows:- Ground 3 – TP adjustment in relation to software development services IT(TP)A No.226/Bang/2021 Page 2 of 25 Ground 4 – Notional interest on outstanding receivables. Ground 5 – Partial denial of claim

D.C.I.T., BANGALORE vs. M/S SWISS RESHARED SERVICES INDIA PVT. LTD.,, BANGALORE

In the result, the appeal filed by the assessee stands allowed on the legal issue

ITA 438/BANG/2015[2010-11]Status: DisposedITAT Bangalore30 Dec 2021AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 290/Bang/2015 Assessment Year : 2010-11 M/S. Swiss Re Global Business Solution India Pvt. Ltd. (Previously Known As Swiss Re The Deputy Shared Services India Pvt. Ltd.), Commissioner Of 2Nd To 5Th Floor, Fairwinds Income Tax, Building, Embassy Golf Links Circle – 6(1)(2), Business Park, Challaghatta Vs. Bangalore. Village, Varthur Hobli, Bangalore, Karnataka – 560 071. Pan: Aaecs8786L Appellant Respondent & It(Tp)A No. 438/Bang/2015 Assessment Year : 2010-11 (By Revenue) : Shri Nageswar Rao, Assessee By Advocate : Shri Sumer Singh Revenue By Meena, Cit Dr (Osd) Date Of Hearing : 23-12-2021 Date Of Pronouncement : 30 -12-2021 Order Per Bench Present Appeal Is Filed By Assessee Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Grounds Of Appeal.

Section 143(3)Section 144C(13)Section 234BSection 92C

section 144C(13) of the Income-tax Act, 1961 ("the Act") on the following grounds: That on the facts and circumstances of the case and in law: 1. The learned AO, based on directions of the Hon'ble DRP, erred in assessing the total income at Rs. 4,89,94,919/- as against returned income

CISCO SYSTEMS CAPITAL (INDIA) PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2(1)(1), BANGALORE

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

ITA 309/BANG/2021[2016-17]Status: DisposedITAT Bangalore08 Nov 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Rajan Vora, CAFor Respondent: Shri Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144CSection 144C(13)Section 144C(2)(b)Section 144C(5)Section 92Section 92C

section 144C(5) of the Act inter-alia on the following grounds which are without prejudice to each other: That on the facts and circumstances of the case and in law: A. Grounds of appeal relating to corporate tax matters Disallowance of depreciation

M/S TE CONNECTIVITY INDIA PRIVATE LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2 LTPU , BANGALORE

In the result, the appeal by the assessee is treated as partly allowed for 37

ITA 3373/BANG/2018[2014-15]Status: DisposedITAT Bangalore25 Feb 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.3373/Bang/2018 Assessment Year : 2014-15 M/S. Te Connectivity India Private Limited, Vs. Acit, Te Park, 22B, Doddenakundi Corporation, 2Nd Circle - 2, Large Taxpayer Unit, Phase, Industrial Area, Whitefield Road, Bengaluru. Bengaluru – 560 048. Pan : Aabct 7374 C Assessee Respondent Assessee By : Shri. Sriram Seshadri, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 22.02.2022 Date Of Pronouncement : 25.02.2022 O R D E R Per N V Vasudevan

For Appellant: Shri. Sriram Seshadri, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C

Section 144C of the Income Tax Act, 1961 (Act), in relation to AY 2014-2015. 2. The concise grounds of appeal filed by the assessee before the Tribunal reads as follows: IT(TP)A No.3373/Bang/2018 Page 2 of 33 I. GENERAL [Original GoA - No. 1] ISSUE GROUNDS OF APPEAL 1. Common 1.1. The lower authorities erred in finalizing an order

M/S BIESSE MANUFACTURING COMPANY PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, Revenue’s appeal for Assessment Year 2010-11 is treated as partly allowed for statistical purposes

ITA 97/BANG/2015[2010-11]Status: DisposedITAT Bangalore06 Nov 2015AY 2010-11

Bench: Shri Vijaypal Rao & Shri Jason P. Boazi.T.(T.P.)A. No.97/Bang/2015 (Assessment Year : 2010-11) M/S. Biesse Manufacturing Co. Vs. Asst. Commissioner Of Income Pvt. Ltd., Tax, Sy.No.32, No.469, Jakkasandra Village, Circle 2(1)(1), Sondekappa Road, Nelamangala Taluk, Bengaluru-1. Bengaluru Ruraldistrict-562 123 Pan Aaccb 7928D Appellant Respondent. I.T.(T.P.)A. No.493/Bang/2015 (Assessment Year : 2010-11) (By Revenue) Assessee : Shri K.K. Chythanya, Advocate. Revenue By : Shri Ganapati R Bhat,Cit-Iii (D.R) Date Of Hearing : 10.09.2015. Date Of Pronouncement : 6.11.2015. O R D E R Per Shri Jason P. Boaz, A.M. : These Are Cross Appeals, One By The Assessee & The Other By Revenue, Directed Against The Final Order Of Assessment For Assessment Year 2010-11 Passed Under Section 143(3) Rws 144C(13) Of The Income Tax Act, 1961 (In Short 'The Act') Vide Order Dt.31.12.2014, In Pursuance Of The Directions Issued By The Dispute Resolution Panel (‘Drp’) Under Section 144C(5) Of The Act Dt.21.11.2014. 2. The Facts Of The Case, Briefly, Are As Under :- 2.1 The Assessee Company Is Engaged In The Manufacturing & Trading Of Wood Working Machinery, Spare Parts & Tools & Also Provides Software Testing, Technical Design & Marketing Services To Its Parent Company, Biesse Spa, Italy. The Assessee

For Appellant: Shri K.K. Chythanya, AdvocateFor Respondent: Shri Ganapati R Bhat,CIT-III (D.R)
Section 143(1)Section 143(3)Section 144C(5)Section 92C

144C(13) of the Act dt.31.12.2014 wherein the income of the assessee was determined at Rs.1,87,17,950, in view of the T.P.Adjustment of Rs.10,67,28,496. 9 IT(T.P)A Nos.97 & 493/Bang/2015 Assessee's appeal for Assessment Year 2010-11 in IT(TP)A No.97/Bang/2015. 5.1 Aggrieved by the final order of assessment for Assessment Year