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

depreciation. On the ground that purchase of software is essentially purchase of copyright which attracts tax deduction at source under section 194J

M/S VIDAL HEALTH INSURANCE TPA PRIVATE LIMITED ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX (OSD) , BANGALORE

In the result appeals for A

Bench: Smt. Beena Pillai & Shri. O.P. Meena

194J of the Act. We therefore are in agreement with the view taken by Ld.CIT (A). Admittedly, assessee has not deducted TDS on payments made towards toll-free charges, and therefore, disallowance under section 40 (a) (ia) is warranted. However, we set aside this issue to Ld.AO for verification as to whether the payee paid taxes on such payments received

JAYARAM REDDY BOOPESH REDDY,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

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

Bench: Shri Narender Kumar Chodhry & Shri Waseem Ahmed

depreciation and expenses on cars on merit as well as on technical grounds. 31.1 At the outset, we note that the issues raised by the assessee in its grounds of appeal for the AY 2016-17 are identical to the issue raised by the assessee in ITA No. 705/Bang/2025 for the assessment year 2013- 14. Therefore, the findings given

M/S. SAMSUNG R & D INSTITUTE INDIA BANGALORE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME- TAX, CIRCLE - 6(1)(1), BANGALORE

In the result, the appeals filed by the assessee as per revised grounds stands allowed and the appeals filed by the revenue stands dismissed for the years under consideration

Bench: Smt Beena Pillai & Shri Waseem Ahmed

depreciation under section 40(a)(i)/(ia) by observing as under: “5.5 Under the circumstances, I am constrained to invoke the amended provisions of section 9(1) with regard to definition of ‘royalty’ and to apply the same for the purpose of section 194J

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE-6, BANGALORE vs. M/S. SAMSUNG R & D INSTITUTE INDIA-BANGALORE PRIVATE LIMITED, BANGALORE

In the result, the appeals filed by the assessee as per revised grounds stands allowed and the appeals filed by the revenue stands dismissed for the years under consideration

Bench: Smt Beena Pillai & Shri Waseem Ahmed

depreciation under section 40(a)(i)/(ia) by observing as under: “5.5 Under the circumstances, I am constrained to invoke the amended provisions of section 9(1) with regard to definition of ‘royalty’ and to apply the same for the purpose of section 194J

JOINT COMMISSIONER OF INCOME -TAX, SPECIAL RANGE - 6, BANGALORE vs. M/S. SAMSUNG R & D INSTITUTE INDIA-BANGALORE PRIVATE LIMITED, BANGALORE

In the result, the appeals filed by the assessee as per revised grounds stands allowed and the appeals filed by the revenue stands dismissed for the years under consideration

Bench: Smt Beena Pillai & Shri Waseem Ahmed

depreciation under section 40(a)(i)/(ia) by observing as under: “5.5 Under the circumstances, I am constrained to invoke the amended provisions of section 9(1) with regard to definition of ‘royalty’ and to apply the same for the purpose of section 194J

M/S. SAMSUNG R & D INSTITUTE INDIA BANGALORE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(1)(1), BANGALORE

In the result, the appeals filed by the assessee as per revised grounds stands allowed and the appeals filed by the revenue stands dismissed for the years under consideration

Bench: Smt Beena Pillai & Shri Waseem Ahmed

depreciation under section 40(a)(i)/(ia) by observing as under: “5.5 Under the circumstances, I am constrained to invoke the amended provisions of section 9(1) with regard to definition of ‘royalty’ and to apply the same for the purpose of section 194J

JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE - 6, BANGALORE vs. M/S. SAMSUNG R &D INSTITUTE INDIA- BANGALORE PRIVATE LIMITED, BANGALORE

In the result, the appeals filed by the assessee as per revised grounds stands allowed and the appeals filed by the revenue stands dismissed for the years under consideration

Bench: Smt Beena Pillai & Shri Waseem Ahmed

depreciation under section 40(a)(i)/(ia) by observing as under: “5.5 Under the circumstances, I am constrained to invoke the amended provisions of section 9(1) with regard to definition of ‘royalty’ and to apply the same for the purpose of section 194J

DCIT, BANGALORE vs. M/S W.S. ATKINS (INDIA) PVT. LTD.,, BANGALORE

In the result, the appeal of the revenue is dismissed and C

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

depreciation. On the ground that purchase of software is essentially purchase of copyright which attracts tax deduction at source under section 194J

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the result, assessee’s appeals are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

DCIT, BANGALORE vs. M/S RAMBUS CHIP TECHNOLOGIES (INDIA) PVT. LTD.,, BANGALORE

In the result, the revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Smt. P. Madhavi Devi & Shri Jason P.Boaz

194J, Section 194K,Section 194L, Section 195, Section 196A, Section 196B, Section 196C and Section 196D shall pay within the prescribed time, the sum so deducted to the credit of the Central Government or as the Board directs. 201(1). If any such person and in the cases referred to in Section 194, the principal officer and the company

M/S RAMBUS CHIP TECHNOLOGIES (INDIA) PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the revenue’s appeal is dismissed and assessee’s appeal is partly allowed

Bench: Smt. P. Madhavi Devi & Shri Jason P.Boaz

194J, Section 194K,Section 194L, Section 195, Section 196A, Section 196B, Section 196C and Section 196D shall pay within the prescribed time, the sum so deducted to the credit of the Central Government or as the Board directs. 201(1). If any such person and in the cases referred to in Section 194, the principal officer and the company

HUBLI ELECTRICITY SUPPLY ,HUBBALLI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), HUBALLI

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

depreciation under section 32 of the Income-tax Act, 1961( 43 of 1961). (5) (a) The CENVAT credit shall be allowed even if any inputs or capital goods as such or after being partially processed are sent to a job worker for further processing, testing, repair, re- conditioning, or for the manufacture of intermediate goods necessary for the manufacture

M/S SAMSUNG R & D INSTITUTE INDIA BANGALORE PRIVATE LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX CIRCLE-6(1)(1), BANGALORE

Bench: Smt Beena Pillai & Shri Waseem Ahmedappeal No. Appellant Respondent Assessment Year

depreciation under section 40(a)(i)/(ia) by observing as under: “5.5 Under the circumstances, I am constrained to invoke the amended provisions of section 9(1) with regard to definition of ‘royalty' and to apply the same for the purpose of section 194J

JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE - 6, BANGALORE vs. M/S. SAMSUNG R & D INSTITUTE INDIA -BANGALORE PRIVATE LIMITED, BANGALORE

Bench: Smt Beena Pillai & Shri Waseem Ahmedappeal No. Appellant Respondent Assessment Year

depreciation under section 40(a)(i)/(ia) by observing as under: “5.5 Under the circumstances, I am constrained to invoke the amended provisions of section 9(1) with regard to definition of ‘royalty' and to apply the same for the purpose of section 194J

DCIT, BANGALORE vs. M/S NOVELL SOFTWARE DEVELOPMENT INDIA PVT. LTD.,, BANGALORE

In the result, the appeal of the Department is dismissed and the

Bench: Smt. Asha Vijayaraghavanshri S Jayaramanit(Tp)A No.281 /Bang/2015 (Asst. Year 2010-11) The Dy. Commissioner Of Income-Tax, Circle-5(1)(2), Bangalore. . Appellant Vs. M/S Novell Software Development India Pvt. Ltd., ‘Laurel, ‘Block-D, 65/2, Bagmane Tech Park, C.V Raman Nagar, Byrasandra, Bangalore-560 093. . Respondent

depreciation of Rs.3,69,858/- was claimed under Section 32. 27. The Assessing Officer, however, held that the payment for purchase of software was in the nature of ‘royalty’ in terms of Explanation 2 to Section 9(1)(vi) of the Act and held that the assessee ought to have deducted tax at source under Section 194J