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724 results for “depreciation”+ Section 35(1)(iv)clear

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Key Topics

Section 143(3)67Addition to Income66Disallowance53Deduction43Section 4037Section 10A35Transfer Pricing35Section 153A29Section 14A29Section 148

M/S HINDUSTAN AERONAUTICS LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

ITA 1092/BANG/2017[2012-13]Status: DisposedITAT Bangalore24 Aug 2021AY 2012-13

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Sumeet Khurana, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 234BSection 250Section 28Section 35(1)(iv)Section 37

section 35(1)(iv). 4. Without prejudice to the Ground No. 2 and 3above, where the research and development expenditure incurred is considered as capital in nature, CIT(A) has erred in not allowing depreciation

Showing 1–20 of 724 · Page 1 of 37

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Section 133A25
Depreciation23

M/S HINDUSTAN AERONAUTICS LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

ITA 1091/BANG/2017[2011-12]Status: DisposedITAT Bangalore24 Aug 2021AY 2011-12

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Sumeet Khurana, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 234BSection 250Section 28Section 35(1)(iv)Section 37

section 35(1)(iv). 4. Without prejudice to the Ground No. 2 and 3above, where the research and development expenditure incurred is considered as capital in nature, CIT(A) has erred in not allowing depreciation

M/S HINDUSTAN AERONAUTICS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

ITA 2942/BANG/2018[2015-16]Status: DisposedITAT Bangalore24 Aug 2021AY 2015-16

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Sumeet Khurana, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 234BSection 250Section 28Section 35(1)(iv)Section 37

section 35(1)(iv). 4. Without prejudice to the Ground No. 2 and 3above, where the research and development expenditure incurred is considered as capital in nature, CIT(A) has erred in not allowing depreciation

M/S HINDUSTAN AERONAUTICS LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

ITA 1090/BANG/2017[2007-08]Status: DisposedITAT Bangalore24 Aug 2021AY 2007-08

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Sumeet Khurana, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 234BSection 250Section 28Section 35(1)(iv)Section 37

section 35(1)(iv). 4. Without prejudice to the Ground No. 2 and 3above, where the research and development expenditure incurred is considered as capital in nature, CIT(A) has erred in not allowing depreciation

M/S HINDUSTAN AERONAUTICS LTD ,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

ITA 1093/BANG/2017[2013-14]Status: DisposedITAT Bangalore24 Aug 2021AY 2013-14

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Sumeet Khurana, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 234BSection 250Section 28Section 35(1)(iv)Section 37

section 35(1)(iv). 4. Without prejudice to the Ground No. 2 and 3above, where the research and development expenditure incurred is considered as capital in nature, CIT(A) has erred in not allowing depreciation

M/S HINDUSTAN AERONAUTICS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE , BANGALORE

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

ITA 84/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Aug 2021AY 2014-15

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Sumeet Khurana, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 234BSection 250Section 28Section 35(1)(iv)Section 37

section 35(1)(iv). 4. Without prejudice to the Ground No. 2 and 3above, where the research and development expenditure incurred is considered as capital in nature, CIT(A) has erred in not allowing depreciation

M/S HINDUSTAN AERONAUTICS LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

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

ITA 2627/BANG/2018[2010-11]Status: DisposedITAT Bangalore24 Aug 2021AY 2010-11

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

For Appellant: Sri.Sumeet Khurana, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 234BSection 250Section 28Section 35(1)(iv)Section 37

section 35(1)(iv). 4. Without prejudice to the Ground No. 2 and 3above, where the research and development expenditure incurred is considered as capital in nature, CIT(A) has erred in not allowing depreciation

M/S. TEJAS NETWORKS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, BENGALURU

In the result, the appeals filed by the revenue in IT(TP)A No

ITA 582/BANG/2021[2010-11]Status: DisposedITAT Bangalore09 Feb 2022AY 2010-11

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

For Appellant: Shri Jairam Raipura, D.RFor Respondent: Shri Annamalli & Shri Narendra Sharma, A.Rs
Section 154

35(1)(iv) of the Act, as the case may be. 9.3. Notwithstanding and without prejudice to the above, the learned AO erred in not appreciating the fact that the expenditure incurred by the assessee is for the purposes of its business and hence allowable under section 37(1) of the Act (and capital expenditure under section

DCIT, BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

ITA 621/BANG/2016[2011-12]Status: DisposedITAT Bangalore09 Feb 2022AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

For Appellant: Shri Jairam Raipura, D.RFor Respondent: Shri Annamalli & Shri Narendra Sharma, A.Rs
Section 154

35(1)(iv) of the Act, as the case may be. 9.3. Notwithstanding and without prejudice to the above, the learned AO erred in not appreciating the fact that the expenditure incurred by the assessee is for the purposes of its business and hence allowable under section 37(1) of the Act (and capital expenditure under section

DCIT, BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

ITA 1119/BANG/2015[2010-11]Status: DisposedITAT Bangalore09 Feb 2022AY 2010-11

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

For Appellant: Shri Jairam Raipura, D.RFor Respondent: Shri Annamalli & Shri Narendra Sharma, A.Rs
Section 154

35(1)(iv) of the Act, as the case may be. 9.3. Notwithstanding and without prejudice to the above, the learned AO erred in not appreciating the fact that the expenditure incurred by the assessee is for the purposes of its business and hence allowable under section 37(1) of the Act (and capital expenditure under section

M/S TEJATS NETWORKS LIMITED ,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL , BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

ITA 1674/BANG/2018[2011-12]Status: DisposedITAT Bangalore09 Feb 2022AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

For Appellant: Shri Jairam Raipura, D.RFor Respondent: Shri Annamalli & Shri Narendra Sharma, A.Rs
Section 154

35(1)(iv) of the Act, as the case may be. 9.3. Notwithstanding and without prejudice to the above, the learned AO erred in not appreciating the fact that the expenditure incurred by the assessee is for the purposes of its business and hence allowable under section 37(1) of the Act (and capital expenditure under section

TEJAS NETWORKS LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

ITA 468/BANG/2015[2010-11]Status: DisposedITAT Bangalore09 Feb 2022AY 2010-11

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

For Appellant: Shri Jairam Raipura, D.RFor Respondent: Shri Annamalli & Shri Narendra Sharma, A.Rs
Section 154

35(1)(iv) of the Act, as the case may be. 9.3. Notwithstanding and without prejudice to the above, the learned AO erred in not appreciating the fact that the expenditure incurred by the assessee is for the purposes of its business and hence allowable under section 37(1) of the Act (and capital expenditure under section

ASST.C.I.T., BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

ITA 296/BANG/2015[2010-11]Status: DisposedITAT Bangalore09 Feb 2022AY 2010-11

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

For Appellant: Shri Jairam Raipura, D.RFor Respondent: Shri Annamalli & Shri Narendra Sharma, A.Rs
Section 154

35(1)(iv) of the Act, as the case may be. 9.3. Notwithstanding and without prejudice to the above, the learned AO erred in not appreciating the fact that the expenditure incurred by the assessee is for the purposes of its business and hence allowable under section 37(1) of the Act (and capital expenditure under section

TEJAS NETWORKS LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

ITA 694/BANG/2016[2011-12]Status: DisposedITAT Bangalore09 Feb 2022AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

For Appellant: Shri Jairam Raipura, D.RFor Respondent: Shri Annamalli & Shri Narendra Sharma, A.Rs
Section 154

35(1)(iv) of the Act, as the case may be. 9.3. Notwithstanding and without prejudice to the above, the learned AO erred in not appreciating the fact that the expenditure incurred by the assessee is for the purposes of its business and hence allowable under section 37(1) of the Act (and capital expenditure under section

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), BANGALORE

In the result, the appeals by the assessee are partly allowed

ITA 555/BANG/2018[2007-08]Status: DisposedITAT Bangalore11 Oct 2021AY 2007-08

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri H.N. Khincha, CAFor Respondent: Smt. H. Kabila, Addl.CIT(DR)(ITAT), Bengaluru
Section 234BSection 69

iv) CIT v. Insecticides (India) Ltd., 357 ITR 330 39. Therefore, it is submitted that there was no recording of any reasons to believe for reopening for the year and in any case there was no reasons and material for the AY 2006-07 in the reasons so recorded. Therefore, issue of notice u/s. 148 of the Act, for reopening

SUNITA MADHOK ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(2)(1), , BANGALORE

In the result, the appeals by the assessee are partly allowed

ITA 554/BANG/2018[2006-07]Status: DisposedITAT Bangalore11 Oct 2021AY 2006-07

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri H.N. Khincha, CAFor Respondent: Smt. H. Kabila, Addl.CIT(DR)(ITAT), Bengaluru
Section 234BSection 69

iv) CIT v. Insecticides (India) Ltd., 357 ITR 330 39. Therefore, it is submitted that there was no recording of any reasons to believe for reopening for the year and in any case there was no reasons and material for the AY 2006-07 in the reasons so recorded. Therefore, issue of notice u/s. 148 of the Act, for reopening

GLOBAL SECURITY SERVICES ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(3)(1) , BANGALORE

In the result, the appeal of the assessee is dismissed

ITA 150/BANG/2024[2018-19]Status: DisposedITAT Bangalore28 Jun 2024AY 2018-19

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2018-19

For Appellant: Shri Akshaya K.S., CAFor Respondent: Shri Subramanian S., Jt.CIT(DR)(ITAT), Bengaluru
Section 143(1)(a)Section 36(1)(va)

depreciation). Each of these deductions, has its contours, depending upon the expressions used, and the conditions that are to be met. It is therefore necessary to bear in mind that specific enumeration of deductions, dependent upon fulfilment of particular conditions, would qualify as allowable deductions: failure by the Page 6 of 14 assessee to comply with those conditions, would render

DCIT, BANGALORE vs. SOBHA RENAISSANCE INFORMATION TECHNOLOGY PVT. LTD.,, BANGALORE

In the result, the appeal of Revenue is partly allowed for statistical

ITA 301/BANG/2014[2005-06]Status: DisposedITAT Bangalore17 Jun 2016AY 2005-06

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

For Appellant: Shri P. Chandrashekar, CIT (D.R)For Respondent: Shri K.R. Vasudevan, Advocate
Section 35(1)(iv)

Section 35(1)(iv) of the Act. However, the Assessing Officer observed that the assessee can amortise its expenditure by way of depreciation

ADDL/JOINT COMMISSIONER OF INCOME TAX (LTU) , BANGALORE vs. M/S VIJAYA BANK , BANGALORE

Accordingly the grounds raised by the revenue is allowed for statistical purposes

ITA 528/BANG/2019[2015-16]Status: DisposedITAT Bangalore25 Apr 2023AY 2015-16

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Bank Of Baroda Vs. Addl. Cit, Ltu, (Erstwhile Vijaya Bank) Bmtc Building 7Th Floor, Central Accounts 6Th Block, Koramangala Bengaluru 560095 Dept., 41/2, M.G. Road Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Acit, Circle - 2(1)(1) Vs. M/S. Bank Of Baroda Room No. 561, 5Th Floor (Erstwhile Vijaya Bank) Aayakar Bhavan 7Th Floor, Central Accounts M.K. Road Dept., 41/2, M.G. Road Mumbai 400020 Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Assessee By: Shri Ananthan, Ca& Smt. Lalitha Rameswaran, Ca Revenue By: Shri G. Manoj Kumar, Cit-Dr Date Of Hearing: 29.03.2023 Date Of Pronouncement: 25.04.2023 M/S. Bank Of Baroda

For Appellant: Shri Ananthan, CA&For Respondent: Shri G. Manoj Kumar, CIT-DR
Section 115JSection 14ASection 194JSection 36Section 36(1)(vii)Section 36(1)(viia)Section 36(1)(viii)

iv) Clause (d) is applicable to Non-banking financial company from AY 2017-18. The Hon’ble Supreme Court in the case of Catholic Syrian Bank (supra) has held that the PBDD allowed under clause (a) of Sec. 36(1)(viia) refers to ‘rural advances’ only. In fact the expression “rural branches” finds place in clause (a) only

M/S VIJAYA BANK ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTU , BANGALORE

Accordingly the grounds raised by the revenue is allowed for statistical purposes

ITA 321/BANG/2019[2015-16]Status: DisposedITAT Bangalore25 Apr 2023AY 2015-16

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Bank Of Baroda Vs. Addl. Cit, Ltu, (Erstwhile Vijaya Bank) Bmtc Building 7Th Floor, Central Accounts 6Th Block, Koramangala Bengaluru 560095 Dept., 41/2, M.G. Road Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Acit, Circle - 2(1)(1) Vs. M/S. Bank Of Baroda Room No. 561, 5Th Floor (Erstwhile Vijaya Bank) Aayakar Bhavan 7Th Floor, Central Accounts M.K. Road Dept., 41/2, M.G. Road Mumbai 400020 Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Assessee By: Shri Ananthan, Ca& Smt. Lalitha Rameswaran, Ca Revenue By: Shri G. Manoj Kumar, Cit-Dr Date Of Hearing: 29.03.2023 Date Of Pronouncement: 25.04.2023 M/S. Bank Of Baroda

For Appellant: Shri Ananthan, CA&For Respondent: Shri G. Manoj Kumar, CIT-DR
Section 115JSection 14ASection 194JSection 36Section 36(1)(vii)Section 36(1)(viia)Section 36(1)(viii)

iv) Clause (d) is applicable to Non-banking financial company from AY 2017-18. The Hon’ble Supreme Court in the case of Catholic Syrian Bank (supra) has held that the PBDD allowed under clause (a) of Sec. 36(1)(viia) refers to ‘rural advances’ only. In fact the expression “rural branches” finds place in clause (a) only