WINTAC LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri A. K. Garodia & Shri Vijay Pal Raoassessment Year : 2010-11

190 as royalty to be disallowed by the AO. 8. The appellant be permitted to adduce further evidence at the time of hearing.” 2. The only issue raised in the appeal of the assessee is regarding disallowance of depreciation made by the AO by invoking of section

ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED,BENGALURU vs. THE JOINT COMMISSIONER OF INCOME TAX, LARGE TAX PAYERS UNIT, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

depreciation under Section 32(1)(iia) of the Act. The next issue raised by the assessee vide ground No. 15 is that 22. the learned CIT(A) erred in confirming the disallowances of maintenance charges for Rs. 27,71,000/- by treating prior period item. 23. The AO found that the “repair & maintenance charges others” includes an amount

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2, LTU, BENGALURU vs. M/S. ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

depreciation under Section 32(1)(iia) of the Act. The next issue raised by the assessee vide ground No. 15 is that 22. the learned CIT(A) erred in confirming the disallowances of maintenance charges for Rs. 27,71,000/- by treating prior period item. 23. The AO found that the “repair & maintenance charges others” includes an amount

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

Bench: Shri George George K. & Shri Chandra Poojari

Section 10AA(1)(i) of the Act should be interpreted as 100% of profits and gains based on commercial principles. Thus, without prejudice to the aforesaid submission and arguments, in arriving at the commercial profit of the SEZ unit eligible for deduction 10AA of the Act, depreciation charged in the books as per the Companies Act 1956 may be deducted

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

Section 10AA(1)(i) of the Act should be interpreted as 100% of profits and gains based on commercial principles. Thus, without prejudice to the aforesaid submission and arguments, in arriving at the commercial profit of the SEZ unit eligible for deduction 10AA of the Act, depreciation charged in the books as per the Companies Act 1956 may be deducted

ITO, BANGALORE vs. STRACEY MEMORIAL EDUCATIONAL SOCIETY, BANGALORE

In the result, the appeal filed by the revenue for the assessment year 2011-12 is treated as partly allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

section 143(1) of the Act, assessment was completed u/s 143(3) of the Act vide order dated 01/03/2013 at total income of Rs.21,89,190/-. While doing so, the AO has not allowed depreciation

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

Section 10AA(1)(i) of the Act should be interpreted as 100% of profits and gains based on commercial principles. Thus, without prejudice to the aforesaid submission and arguments, in arriving at the commercial profit of the SEZ unit eligible for deduction 10AA of the Act, depreciation charged in the books as per the Companies Act 1956 may be deducted

M/S TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

depreciation as it not an Page 5 of 25 ITA Nos. 40, 45 & 46/Bang/2017 expenditure incurred thus erred in confirming the addition made by the learned AO. The Appellant submits that each of the above grounds is independent and without prejudice to one another. The Appellant craves leave to add, alter, amend, vary, omit or substitute any of the aforesaid

TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

depreciation as it not an Page 5 of 25 ITA Nos. 40, 45 & 46/Bang/2017 expenditure incurred thus erred in confirming the addition made by the learned AO. The Appellant submits that each of the above grounds is independent and without prejudice to one another. The Appellant craves leave to add, alter, amend, vary, omit or substitute any of the aforesaid

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TOTAL ENVIRONMENT BUILDING SYSTEMS PVT LTD , BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

depreciation as it not an Page 5 of 25 ITA Nos. 40, 45 & 46/Bang/2017 expenditure incurred thus erred in confirming the addition made by the learned AO. The Appellant submits that each of the above grounds is independent and without prejudice to one another. The Appellant craves leave to add, alter, amend, vary, omit or substitute any of the aforesaid

CHANDRASHEKAR HEMANTH ,BENGALURU vs. INCOME TAX OFFICER WARD 7(2)(4) BANGALORE, BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assessment Year : 2017-18

depreciation pertaining to assessment year 1997-98 could be allowed to be carried forward and set off after a period of eight years without any limit whatsoever in accordance with Section 32(2) as amended by Finance Act , 2001. The Hon'ble Gujarat High Court in the case of Pr. CIT v. Petrofils Co-operative Limited, reported

SRI. SATISH RAJAPUR,HOSPET vs. DCIT, BELLARY

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

Bench: Shri Vijay Pal Rao & Shri Jason P. Boaz, Assessment Year : 2008-09

depreciation has been made by the assessee. Accordingly, we are of the view that this issue requires a proper verification and examination of relevant facts at the level of the Assessing Officer and then, adjudication as per law by considering the decision of the coordinate Bench in the case of ACIT v. R. Prabhu (supra). Hence this issue

M/S ONMOBILE GLOBAL LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

In the result, both these appeals are partly allowed

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

depreciation is to be allowed @ 60% on the CG/TX cards and switches, etc. This ground is allowed in favour of assessee. Disallowance under Section 14A - Grounds 21 to 21.4 28. During the year under consideration, the assessee had earned a dividend income of Rs.2,04,09,795 which was claimed as exempt after disallowing a sum of Rs.1

M/S. ONMOBILE GLOBAL LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 5(1)(2), BENGALURU

In the result, both these appeals are partly allowed

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

depreciation is to be allowed @ 60% on the CG/TX cards and switches, etc. This ground is allowed in favour of assessee. Disallowance under Section 14A - Grounds 21 to 21.4 28. During the year under consideration, the assessee had earned a dividend income of Rs.2,04,09,795 which was claimed as exempt after disallowing a sum of Rs.1

M/S. UE DEVELOPMENT INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 7(1)(1), BANGALORE

In the result, the ITA No

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

190 (Bom) iv) Asian Paints Ltd. Vs. DCIT 308 ITR 195 (Bom) v) ICICI Prudential Life Insurance Co. Ltd. Vs. ACIT 231 CTR 233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied

M/S TATA ADVANCED MATERIALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE

In the result, the ITA No

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

190 (Bom) iv) Asian Paints Ltd. Vs. DCIT 308 ITR 195 (Bom) v) ICICI Prudential Life Insurance Co. Ltd. Vs. ACIT 231 CTR 233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied

TATA ADVANCED MATERIALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-12(4), BANGALORE

In the result, the ITA No

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

190 (Bom) iv) Asian Paints Ltd. Vs. DCIT 308 ITR 195 (Bom) v) ICICI Prudential Life Insurance Co. Ltd. Vs. ACIT 231 CTR 233 (Bom) vi) Aventis Pharma Ltd. Vs. ACIT 323 ITR 570 (Bom) According to him there is no belief that the income escaped assessment, as such reassessment is bad in law. For this purpose he relied

M/S APPLIED MATERIALS INDIA PRIVATE LIMITED ,BANGALORE vs. INCOME TAX OFFICER WARD-1(1)(1), BANGALORE

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

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

190/-. The case was selected for scrutiny and since the assessee had international transactions, the AO referred assessee’s case to Transfer Pricing Office (TPO). The TPO while passing the order under section 92CA made adjustments towards the determination of ALP towards the provision of Software Development (SWD) Services by the assessee to its AE for Rs.53

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

depreciation or otherwise in respect of such asset. But, in the instant case, both the deductions viz. allowing interest on housing loan u/s 24(b), as also allowing it to be added to the A.Y. 2011-12 Shri. Gobindram Chandramani Vivek cost of acquisition of capital asset u/s 48 for computing income chargeable to income-tax, is certainly a double