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.

depreciation to the extent specified in section 350'. The later section, in turn provides that: 'The amount of depreciation to be deducted

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

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

SHARP SOFTWARE DEVELOPMENT INDIA PVT. LTD. vs. DCIT,

In the result, appeal of assessee and Revenue are partly allowed for statistical purposes and CO of the assessee is dismissed

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodiait(Tp)A Nos. & Appellant Respondent Assessment Years No.1819/Bang/2013 M/S. Sharp Software Dy. Commissioner Of 2004-05 Development India Pvt. Ltd., Income-Tax, Circle-12(3), 14/3, 4Th Floor, Unit-5, Level-3, Innovator International Tech Park, Rastrothana Bhavan (Opp. Whitefield Road, Rbi), Nrupathunga Road, Bengaluru-560066. Bengaluru-560001. Pan: Aaecs0269E No.1826/Bang/2013 Dy. Commissioner Of M/S. Sharp Software 2004-05 Income-Tax, Development India Pvt. Ltd., Circle-12(3), Pan: Aaecs0269E Bengaluru-560001. C.O. No. & Appellant Respondent Assessment Year 9/Bang/2016 M/S. Sharp Software Dy. Commissioner Of 2004-05 Development India Pvt. Income-Tax, (In It(Tp)A Ltd., Circle-12(3), No.1819/Bang/2013) Pan: Aaecs0269E Bengaluru-560001. Revenue By : Smt. H. L. Sowmya Achar, Addl. Cit Assessee By : Shri. Chavali Narayan, Ca

350/- to M/s. Stag Software. Therefore, the major part of software were developed by the assessee and not by M/s. Stag Software. The learned DR on the other hand placed reliance upon the order of the CIT(A). 11. Having carefully examined the order of the lower authorities, in the light of rival submissions, we find that lower authorities have

DCIT vs. SHARP SOFTWARE DEF. INDIA PVT. LTD.,,

In the result, appeal of assessee and Revenue are partly allowed for statistical purposes and CO of the assessee is dismissed

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodiait(Tp)A Nos. & Appellant Respondent Assessment Years No.1819/Bang/2013 M/S. Sharp Software Dy. Commissioner Of 2004-05 Development India Pvt. Ltd., Income-Tax, Circle-12(3), 14/3, 4Th Floor, Unit-5, Level-3, Innovator International Tech Park, Rastrothana Bhavan (Opp. Whitefield Road, Rbi), Nrupathunga Road, Bengaluru-560066. Bengaluru-560001. Pan: Aaecs0269E No.1826/Bang/2013 Dy. Commissioner Of M/S. Sharp Software 2004-05 Income-Tax, Development India Pvt. Ltd., Circle-12(3), Pan: Aaecs0269E Bengaluru-560001. C.O. No. & Appellant Respondent Assessment Year 9/Bang/2016 M/S. Sharp Software Dy. Commissioner Of 2004-05 Development India Pvt. Income-Tax, (In It(Tp)A Ltd., Circle-12(3), No.1819/Bang/2013) Pan: Aaecs0269E Bengaluru-560001. Revenue By : Smt. H. L. Sowmya Achar, Addl. Cit Assessee By : Shri. Chavali Narayan, Ca

350/- to M/s. Stag Software. Therefore, the major part of software were developed by the assessee and not by M/s. Stag Software. The learned DR on the other hand placed reliance upon the order of the CIT(A). 11. Having carefully examined the order of the lower authorities, in the light of rival submissions, we find that lower authorities have

TEXAS INSTRUMENTS (INDIA) PRIVATE LIMITED ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTU , BANGALORE

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

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

350 ITR 527) wherein Hon’ble Supreme Court has held that in a leasing transaction, the lessor would be entitled to claim depreciation under section

JOINT COMMISIONER OF INCOME TAX (LTU) , BANGALORE vs. M/S TEXAS INSTRUMENTS INDIA PVT LTD , BANGALORE

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

Bench: Shri N. V. Vasudevan & Ms. Padmavathy S

350 ITR 527) wherein Hon’ble Supreme Court has held that in a leasing transaction, the lessor would be entitled to claim depreciation under section

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

section 132A. 50.3 Applicability-These\namendments will take effect from the 1st day of June, 2007.\"\n\n6.2 From the perusal of the section 153D of the Act read with the CBDT\nCircular No. 3 of 2008, dated 12-3-2008, the legislative intent can be gathered\nso far as that the legislature in its highest wisdom made it compulsory

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

350/- {Refer Assessment Order for the AY 2017-\n18 in Form 36 for AY 2017-18; Pg.53}. However, in the table\nat 1st para of the approval dated 28.09.2021, the Learned JCIT\nerroneously states that the returned income of the AY 2017-18\nwas Rs.68,68,43,155/-. This also supports our contention that\nthe assessments records were not verified

MYSORE MINERALS LIMITED (NOW KNOWN AS KARNATAKA STATE MINERALS CORPORATION LIMITED),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BENGALURU

In the result, both the appeals are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year)." (emphasis supplied) We are concerned with the provision of section 147 as amended with effect from 1st April 1989. In paragraph 4 of the said decision

MYSORE MINERALS LIMITED (NOW KNOWN AS KARNATAKA STATE MINERALS CORPORATION LIMITED),BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BENGALURU

In the result, both the appeals are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year)." (emphasis supplied) We are concerned with the provision of section 147 as amended with effect from 1st April 1989. In paragraph 4 of the said decision

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

depreciation may be subsequently claimed when it is ready to use. 13. The learned Authorised Representative submitted that the R & D expenditure was incurred for the purpose of business and they pertain to the salary paid to the employees. Accordingly these expenditure are to be allowable as revenue expenditure under Section 137 of the Act and as does not include

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

depreciation may be subsequently claimed when it is ready to use. 13. The learned Authorised Representative submitted that the R & D expenditure was incurred for the purpose of business and they pertain to the salary paid to the employees. Accordingly these expenditure are to be allowable as revenue expenditure under Section 137 of the Act and as does not include

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

depreciation may be subsequently claimed when it is ready to use. 13. The learned Authorised Representative submitted that the R & D expenditure was incurred for the purpose of business and they pertain to the salary paid to the employees. Accordingly these expenditure are to be allowable as revenue expenditure under Section 137 of the Act and as does not include

BIOCON LIMTIED,BANGALORE vs. CIT, BANGALORE

In the result, the assessee's appeal for Assessment Year 2009-10 is allowed as indicated above

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

depreciation of earlier years amounting to Rs.88,37,71,980. Book Profits under Section 115JB of the Act were computed at Rs.72,22,20,653. It is submitted by the learned Authorised Representative that an appeal against this order of assessment has been filed before the ITAT which is pending disposal. 2.2 The CIT, LTU, Bangalore issued a show cause

DCIT, BANGALORE vs. M/S TESCO HINDUSTAN SERVICE CENTRE PVT. LTD.,, BANGALORE

In the result, both the assessee's appeal as well as revenue’s appeal are partly allowed

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

350 ITR 527/212 Taxman 550/29 taxmann.com 129, wherein the Hon'ble Court held that the lessor is the owner of the leased property in case of finance lease, entitled to depreciation of the same. The pertinent observation of the Hon'ble Court is reproduced hereunder : "The revenue's objection to the claim of the assessee is founded on the lease

ASST.C.I.T., HUBLI vs. M/S BELLAD & CO, HUBLI

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

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Bellad & Co., Vidyanagar, Hubli. … Appellant Pa No: Aabfb6457D Vs. Deputy Commissioner Of Income-Tax, Hubli. … Respondent & Asst. Commissioner Of Income-Tax, Circle 1(1), Hubballi. … Appellant Vs. M/S.Bellad & Co., Vidyanagar, Hubballi. … Respondent Assessee By : Shri C.R.Nulvi, Ca Revenue By : Shri C.N.Bipin, Jcit(Dr) Date Of Hearing : 04/07/2016 Date Of Pronouncement : 27/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee As Well As The Revenue Directed Against The Order Of The Cit(A), Hubli, Dated 26/02/2015 For The Assessment Year 2010-11. Ita No.1004 & 1029/Bang/2015 Page 2 Of 13 2. Briefly Facts Of The Case Are As Under: The Assessee-Firm Is Engaged In The Business Of Dealers In Hmt Tractors, Spares, Hero Honda Motors-Cycles & Dealing In Sony Products & Also In The Business Of Generation Of Power Through Wind Mills. Return Of Income For The Assessment Year 2010-11 Was Filed On 30/09/2010 Declaring Income Of Rs.51,74,070/-. Against Said Return Of Income, Assessment Was Completed By The Acit, Circle 1(1), Hubli, Vide Order Dated 14/03/2013 Passed Under Section 143(3) Income-Tax Act, 1961 ['The Act' For Short] At A Total Income Of Rs.1,51,04,807/- After Making Several Disallowances. One Of Those Disallowances Relates To Expenditure Incurred On Renovation Of Showroom Of Rs.17,18,671/- Treating It Capital Expenditure Allowed Depreciation At 10%. He Also Made Addition Of Rs.29,02,161/- As Deemed Dividend Under Section 2(22)(E) Of The Act. The Ao Also Disallowed Deduction Under Section 80Ia(5) Of The Act As, According To The Ao, After Setting Off Of Brought Forward Loss, There Was No Eligible Profit For Deduction U/S 80Ia Of The Act.

depreciation at the rate of 10% as applicable to furniture and fixtures. On appeal before the CIT(A), the CIT(A) has confirmed the addition that expenditure resulted in an enduring benefit to the assessee irrespective of the fact that expenditure was incurred in respect of lease or own premises. 8. Being aggrieved, assessee is in appeal before

M/S BELLAD & COMPANY,HUBLI vs. DCIT, HUBLI

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

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Bellad & Co., Vidyanagar, Hubli. … Appellant Pa No: Aabfb6457D Vs. Deputy Commissioner Of Income-Tax, Hubli. … Respondent & Asst. Commissioner Of Income-Tax, Circle 1(1), Hubballi. … Appellant Vs. M/S.Bellad & Co., Vidyanagar, Hubballi. … Respondent Assessee By : Shri C.R.Nulvi, Ca Revenue By : Shri C.N.Bipin, Jcit(Dr) Date Of Hearing : 04/07/2016 Date Of Pronouncement : 27/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee As Well As The Revenue Directed Against The Order Of The Cit(A), Hubli, Dated 26/02/2015 For The Assessment Year 2010-11. Ita No.1004 & 1029/Bang/2015 Page 2 Of 13 2. Briefly Facts Of The Case Are As Under: The Assessee-Firm Is Engaged In The Business Of Dealers In Hmt Tractors, Spares, Hero Honda Motors-Cycles & Dealing In Sony Products & Also In The Business Of Generation Of Power Through Wind Mills. Return Of Income For The Assessment Year 2010-11 Was Filed On 30/09/2010 Declaring Income Of Rs.51,74,070/-. Against Said Return Of Income, Assessment Was Completed By The Acit, Circle 1(1), Hubli, Vide Order Dated 14/03/2013 Passed Under Section 143(3) Income-Tax Act, 1961 ['The Act' For Short] At A Total Income Of Rs.1,51,04,807/- After Making Several Disallowances. One Of Those Disallowances Relates To Expenditure Incurred On Renovation Of Showroom Of Rs.17,18,671/- Treating It Capital Expenditure Allowed Depreciation At 10%. He Also Made Addition Of Rs.29,02,161/- As Deemed Dividend Under Section 2(22)(E) Of The Act. The Ao Also Disallowed Deduction Under Section 80Ia(5) Of The Act As, According To The Ao, After Setting Off Of Brought Forward Loss, There Was No Eligible Profit For Deduction U/S 80Ia Of The Act.

depreciation at the rate of 10% as applicable to furniture and fixtures. On appeal before the CIT(A), the CIT(A) has confirmed the addition that expenditure resulted in an enduring benefit to the assessee irrespective of the fact that expenditure was incurred in respect of lease or own premises. 8. Being aggrieved, assessee is in appeal before