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

depreciation on technology is allowable on merits. Regarding Trademarks 25.6 The learned CIT(A) noted that trademarks are specifically mentioned in section 32(1)(ii) of the Act and are expressly eligible for ITA Nos.290 - 294/Bang/2025 Page 20

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

section 254 only to decide the grounds which arise from the\norder of the Commissioner of Income-tax (Appeals). Both the assessee as well\nas the Department have a right to file an appeal/cross-objections before the\nTribunal. The Tribunal should not be prevented from considering questions of\nlaw arising in assessment proceedings, although not raised earlier.\nFrom the above

M/S. INDUS TRUST ,BENGALURU vs. ACIT, CIRCLE-2(2)(1), BENGALURU

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

depreciation\nof 20%, aggregating to ₹9,04,93,001, on the windmill. The AO examined\nthe provisions of section 32(1)(iia) of the Act and noted

M/S. SYNGENE INTERNATIONAL LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 6, BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2010-11

20% - Additional • Depreciation 41,95,874 Furniture and fixtures 10% 46,62,082 4,66,208 15% 2,82,352 42,353 2,39,999 Vehicles 2,30,796 1,53,865 60% 3,84,661 Computers Total 4,62,54,473 65,23,656 3,97,30,817 3.12 Thus, the decrease in the value of the closing

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

section 43(1) of the Act held that depreciation would be admissible only with reference to the WDV of the assets (as appearing in the books of IRIL on basis of Form 3CEA report) forming part of the business purchased by the appellant and not with reference to the values on the basis of valuer’s report. Accordingly, the assessing

BOSCH GLOBAL SOFTWARE TECHNOLOGIES PRIVATE LIMITED ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2016-17

Section 32(1)(iia) of the Act and also fails the conditions under Plant and Machinery. Also, as the issue is still under appeal and not settled in the case of assessee, the issue is kept alive and the claim of additional depreciation on Plant and Machinery and Computers amounting to Rs. 20

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

section 254 only to decide the grounds which arise from the\norder of the Commissioner of Income-tax (Appeals). Both the assessee as well\nas the Department have a right to file an appeal/cross-objections before the\nTribunal. The Tribunal should not be prevented from considering questions of\nlaw arising in assessment proceedings, although not raised earlier.\nFrom the above

BANGALORE INTERNATIONAL AIRPORT LTD.,,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raobangalore International Airport Ltd. Administration Block, Bial, Devanahalli Bangalore-560 300. … Appellant Pan:Aabc8973D Vs. Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Respondent & Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Appellant Vs. Bangalore International Airport Ltd. Bangalore-560 300. … Respondent

section 115JB of the Act, had claimed set off of brought forward loss of Rs.36,33,40,000/- from the declared net profit of Rs.83,62,22,838/-. For the purpose of arriving at the amount of loss or depreciation which is eligible for set off against ITA Nos.510 & 662/Bang/2014 Page 20

DCIT, BANGALORE vs. M/S BANGALORE INTERNATIONAL AIRPORT LTD.,, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raobangalore International Airport Ltd. Administration Block, Bial, Devanahalli Bangalore-560 300. … Appellant Pan:Aabc8973D Vs. Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Respondent & Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Appellant Vs. Bangalore International Airport Ltd. Bangalore-560 300. … Respondent

section 115JB of the Act, had claimed set off of brought forward loss of Rs.36,33,40,000/- from the declared net profit of Rs.83,62,22,838/-. For the purpose of arriving at the amount of loss or depreciation which is eligible for set off against ITA Nos.510 & 662/Bang/2014 Page 20

FIBRES & FABRICS INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, both the appeals are allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

section 148, the same was sought to be disallowed. On appeal before the Tribunal, reassessment proceedings were held to be invalid and consequently the claim for depreciation finally came to be allowed. ITA Nos.918 & 919/Bang/2013 Page 10 of 20

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 software purchase. 11. The Ld. CIT(A) has followed the decision rendered by Hon’ble Karnataka High Court in the case of Samsung Electronics Company Ltd. (supra) and accordingly held that the software purchase cost is in the nature of royalty and hence allowable as revenue expenditure. Accordingly, he has directed the A.O. to disallow the entire cost

OUTSOURCEPARTNERS INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazit(Tp)A Nos. & Appellant Respondent Assessment Years No.443/Bang/2016 M/S. Outsource Partners Dy. Commissioner Of 2011-12 International Pvt. Ltd., Income-Tax, Tower 2D, Phase I, Vikas Circle-5(1)(2), Telecom Ltd., Bangalore. Vrindavan Tech Village, Outer Ring Road, Devarabeesanahalli, Bangalore- 560087. Pan: Aaaco5734C No. 526/Bang/2016 Dy. Commissioner Of M/S. Outsource Partners 2011-12 Income-Tax, International Pvt. Ltd., Circle-5(1)(2), Pan: Aaaco5734C Bangalore. No.535/Bang/2017 M/S. Outsource Partners Assistant Commissioner Of 2009-10 International Pvt. Ltd., Income Tax, Pan: Aaaco5734C Circle-5(1)(2), Bangalore.

20 of 35 (k) of sub-section (4) of section 349 shall be the amount of depreciation on assets as shown

DCIT, BANGALORE vs. OUTSOURCE PARTNERS INTERNATIONAL PVT. LTD.,, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazit(Tp)A Nos. & Appellant Respondent Assessment Years No.443/Bang/2016 M/S. Outsource Partners Dy. Commissioner Of 2011-12 International Pvt. Ltd., Income-Tax, Tower 2D, Phase I, Vikas Circle-5(1)(2), Telecom Ltd., Bangalore. Vrindavan Tech Village, Outer Ring Road, Devarabeesanahalli, Bangalore- 560087. Pan: Aaaco5734C No. 526/Bang/2016 Dy. Commissioner Of M/S. Outsource Partners 2011-12 Income-Tax, International Pvt. Ltd., Circle-5(1)(2), Pan: Aaaco5734C Bangalore. No.535/Bang/2017 M/S. Outsource Partners Assistant Commissioner Of 2009-10 International Pvt. Ltd., Income Tax, Pan: Aaaco5734C Circle-5(1)(2), Bangalore.

20 of 35 (k) of sub-section (4) of section 349 shall be the amount of depreciation on assets as shown

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 75 is a section for compensating the-Government of delayed payment of the service tax / excise, there are separate provisions for penalizing the assessee for non-payment or delayed payment of service tax / excise. The assessee submits that as held by the Courts, the recovery of interest u/s 75 of the service tax / excise law is automatic and does

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 75 is a section for compensating the-Government of delayed payment of the service tax / excise, there are separate provisions for penalizing the assessee for non-payment or delayed payment of service tax / excise. The assessee submits that as held by the Courts, the recovery of interest u/s 75 of the service tax / excise law is automatic and does

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 75 is a section for compensating the-Government of delayed payment of the service tax / excise, there are separate provisions for penalizing the assessee for non-payment or delayed payment of service tax / excise. The assessee submits that as held by the Courts, the recovery of interest u/s 75 of the service tax / excise law is automatic and does

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 75 is a section for compensating the-Government of delayed payment of the service tax / excise, there are separate provisions for penalizing the assessee for non-payment or delayed payment of service tax / excise. The assessee submits that as held by the Courts, the recovery of interest u/s 75 of the service tax / excise law is automatic and does

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 75 is a section for compensating the-Government of delayed payment of the service tax / excise, there are separate provisions for penalizing the assessee for non-payment or delayed payment of service tax / excise. The assessee submits that as held by the Courts, the recovery of interest u/s 75 of the service tax / excise law is automatic and does