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

33,00,000/- contacts Goodwill Rs. 280,39,08,132/- Rs. 2016,21,78,480/- Total Rs. 412,05,36,132/- Rs. 3035,54,78,480/- 21. On the above identified intangible assets, the assessee claimed depreciation under section

IBM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2000-2001

33, sub- where the assessee, [before the due date section (4) of section 35 or the second proviso for furnishing the return of income under to clause (ix) of sub-section (1) of section 36, as sub-section (1) of section 139] [***], the case may be, shall not apply in relation to furnishes to the [Assessing] Officer a any such

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

33,00,000/-\ncontacts\nGoodwill\nRs. 280,39,08,132/- Rs. 2016,21,78,480/-\nTotal\nRs. 412,05,36,132/- Rs. 3035,54,78,480/-\n21. On the above identified intangible assets, the assessee claimed\ndepreciation under section 32 of the Act from F.Y. 2014-15 relevant to\nA.Y. 2015-16 till the year under consideration in the following

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

33. Out of the aforesaid addition to fixed assets aggregating to Rs.175,77,55,740, the Assessee claimed depreciation on the following value of tangible and intangible assets acquired as under: INTANGIBLE ASSETS Amount (Rs. in lacs) Design & Drawing 3,278.00 Marketing intangibles 2,223.00 Order backlog 400.00 Supplier database 600.00 Software acquired 194.00 Total Intangible assets on which

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

section 144B of the Act.\n18.5 In the present case, the assessment year involved is A.Y. 2017-\n18, much after the withdrawal of remand powers. The assessee had\nalready furnished complete details regarding the nature and duration of\nsoftware licences before the Assessing Officer. Therefore, there was no\nlegal justification for the learned CIT(A) to remand the issue back

DCIT, BANGALORE vs. SAINT GOBAIN CRYSTALS & DETECTORS (I) LTD.,, BANGALORE

In the result, the appeal filed by the revenue is allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raodeputy Commissioner Of Income-Tax, Circle 12(3), Bangalore. … Appellant Vs. M/S.Saint Gobain Crystals & Detectors (I)Ltd Sy.No.171/2, Maruthi Indl.Estate Hoodi Rajapalya, Whitefield Main Road, Bangalore-48. … Respondent Pan:Aaacb 6794 R

33, sub-section (4) of section 35 or the second proviso to clause (ix) of sub- section (1) of section 36, as the case may be, shall not apply in relation to any such allowances or deduction. (ii) no loss referred to in sub-section (1) of section 72 or sub-section (1) or sub-section (3) of section

OPTO CIRCUITS INDIA PVT LTD ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

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

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

33, sub-section (4) of section 35 or the second proviso to clause (ix) of sub-section 7 ITA No.1316/Bang/2017. M/s.Opto Circuits (India) Limited. (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduction; (ii) no loss referred to in sub-section (1) of section 72 or sub- section

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

depreciation on such asset at the specified rate.” 8.26 In our opinion, the Mining Lease being right to undertake mining activity and the acquisition of surface rights thereon falls with the purview of the term “business or commercial right” ITA Nos.2135 to 2139/Bang/2018 M/s. Karnataka EMTA Coal Mines Ltd., Bangalore Page 31 of 55 8.27 The lease granted

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

depreciation on such asset at the specified rate.” 8.26 In our opinion, the Mining Lease being right to undertake mining activity and the acquisition of surface rights thereon falls with the purview of the term “business or commercial right” ITA Nos.2135 to 2139/Bang/2018 M/s. Karnataka EMTA Coal Mines Ltd., Bangalore Page 31 of 55 8.27 The lease granted

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

depreciation on such asset at the specified rate.” 8.26 In our opinion, the Mining Lease being right to undertake mining activity and the acquisition of surface rights thereon falls with the purview of the term “business or commercial right” ITA Nos.2135 to 2139/Bang/2018 M/s. Karnataka EMTA Coal Mines Ltd., Bangalore Page 31 of 55 8.27 The lease granted

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

depreciation on such asset at the specified rate.” 8.26 In our opinion, the Mining Lease being right to undertake mining activity and the acquisition of surface rights thereon falls with the purview of the term “business or commercial right” ITA Nos.2135 to 2139/Bang/2018 M/s. Karnataka EMTA Coal Mines Ltd., Bangalore Page 31 of 55 8.27 The lease granted

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

depreciation on such asset at the specified rate.” 8.26 In our opinion, the Mining Lease being right to undertake mining activity and the acquisition of surface rights thereon falls with the purview of the term “business or commercial right” ITA Nos.2135 to 2139/Bang/2018 M/s. Karnataka EMTA Coal Mines Ltd., Bangalore Page 31 of 55 8.27 The lease granted

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

depreciation from book profit under section 115JB of the Act. The assessee, while calculating tax liability under section 115JB of the Act, had claimed set off of brought forward loss of Rs.36,33

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

depreciation from book profit under section 115JB of the Act. The assessee, while calculating tax liability under section 115JB of the Act, had claimed set off of brought forward loss of Rs.36,33

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

depreciation or otherwise) in computing the income chargeable under the head "Profits and gains of business or profession" of any previous year.” 15.3 The relevant clause in present case is clause (iii) according to which any office appliance including the computer or computer software shall not be included in the “New asset” for purpose of this section. On careful perusal

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

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

section 43 of the Act. Our above decision is also supported by the order of the Tribunal relied by the Ld. A.R. in the case of M/s. Dorma India Pvt. Ltd., Chennai in ITA Nos.1664 to 1666/Chny/2019 dated 20.11.2019. Further, we also place reliance on the judgement of Hon’ble IT(TP)A No.226/Bang/2021 Page 25 of 25 Karnataka High

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

depreciation is automatic and relied on various judgements. In our opinion, it is the duty of the assessee to furnish the necessary details as called for by the authorities, so as to claim M/s. Syngene International Limited, Bangalore Page 23 of 29 the deduction. In the absence of such details, the lower authorities have no other option to deny

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

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

depreciation under section 32 of the Act is a mandatory allowance goodwill arising on merger satisfied the conditions specified under section 32(1)(ii) of the Act, as certified in the tax audit report IT(TP)A No.3373/Bang/2018 Page 5 of 33