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

4 to section 32(1) of the Act. Know-how includes industrial information or techniques likely to assist in manufacture or processing of goods. Software products are goods once embedded in tangible media or electronic form, and hence developed technology qualifies as know-how eligible for depreciation. The rejection of depreciation on technology is thus legally untenable. 24.10 Furthermore

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

4 to section 32(1) of the Act. Know-how includes industrial information or techniques likely to assist in manufacture or processing of goods. Software products are goods once embedded in tangible media or electronic form, and hence developed technology qualifies as know-how eligible for depreciation. The rejection of depreciation on technology is thus legally untenable. 24.10 Furthermore

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

4 to section 32(1) of the Act. Know-how includes industrial information or techniques likely to assist in manufacture or processing of goods. Software products are goods once embedded in tangible media or electronic form, and hence developed technology qualifies as know-how eligible for depreciation. The rejection of depreciation on technology is thus legally untenable. 24.10 Furthermore

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

4 to section 32(1) of the Act.\nKnow-how includes industrial information or techniques likely to assist in\nmanufacture or processing of goods. Software products are goods once\nembedded in tangible media or electronic form, and hence developed\ntechnology qualifies as know-how eligible for depreciation. The rejection\nof depreciation on technology is thus legally untenable.\n24.10 Furthermore

M/S. VIJAYANAGAR EDUCATIONAL TRUST,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), BENGALURU

In the result appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2019-20

37 expenditure to grant depreciation. This cannot be used as any wrongful claim of depreciation. 16. With respect to the loans in the names of the trustees, the ld. AR submitted that the ld. CIT(E) is acting on assumptions, surmises and conjectures without bringing any substance to his argument. He submits that all loans are taken for the purposes

HEWLETT PACKARD (INDIA) SOFTWARE OPERATION PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.413/Bang/2022 Assessment Year: 2017-18

depreciation on software expenses (disallowed by the AO in the earlier years considering the same as capital in nature) amounting to INR 3,970,944. 3.5 The NFAC erred in levying interest under section 234B of the Act amounting to INR 15,95,29,740. IT(TP)A No.413/Bang/2022 Hewlett Packard (India) Software Operation Pvt. Ltd., Bangalore Page

THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY vs. SRI B RUDRA GOWDA , BELLARY

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

depreciation suo-moto under section 32(1) of the Act. 3. As regards disallowance of Reclamation & Rehabilitation expenses: 3.1 The Learned Assessing officer and Learned CIT(A) have failed to appreciate that the amount deducted by Central Empower Committee (CEC) of Rs.14,54,31,191/- is nothing but diversion of income by overriding title as the stock is confiscated

B RUDRA GOUDA ,BELLARY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

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

depreciation suo-moto under section 32(1) of the Act. 3. As regards disallowance of Reclamation & Rehabilitation expenses: 3.1 The Learned Assessing officer and Learned CIT(A) have failed to appreciate that the amount deducted by Central Empower Committee (CEC) of Rs.14,54,31,191/- is nothing but diversion of income by overriding title as the stock is confiscated

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

4). The assessing officer disallowed the aforesaid amount of Rs.1,01,00,000, allegedly holding that the same was part of cost for acquiring the Road development business. It is the plea of the Assessee that consistent with the finding of the assessing officer, depreciation may be directed to be allowed on the said amount in terms of section

M/S. REGIONAL OILSEEDS GROWERS CO-OPERATIVE SOCIETIES UNION LIMITED,CHITRADURGA vs. JOINT COMMISSIONER OF INCOME TAX, DAVANGERE

In the result, the appeals filed by the assessee on this issue\nstands dismissed

depreciation and claiming deduction u/s 80P(2)(a)(iv) of the Act.\nLater, a revised return was filed declaring a gross total income of Rs. 4,37,00,195/- and the total\nincome of Rs. 1,61,03,690/- after claiming deduction u/s 80P of the Act.\nPage 4 of 23\nITA Nos. 1354 & 1355/Bang/2016\n3.\nOn December

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

4 to section 32(1) of the Act.\nKnow-how includes industrial information or techniques likely to assist in\nmanufacture or processing of goods. Software products are goods once\nembedded in tangible media or electronic form, and hence developed\ntechnology qualifies as know-how eligible for depreciation. The rejection\nof depreciation on technology is thus legally untenable.\n24.10 Furthermore

NORTHERN OPERATING SERVICES PRIVATE LIMITED,ARGON SOUTH TOWER vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 5 (1)(1), BANGALORE

In the result, appeal filed by the assessee is allowed

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2020-21 M/S. Northern Operating Services Pvt. Ltd., Vs. Dcit, 2Nd Floor Rmz Ecopace, Circle – 5(1)(1), Campus 1C, Bengaluru. Sarjapur Outer Ring Road, Bellandur, Bengaluru – 560 103. Pan : Aaccn 1652 J Appellant Respondent Assessee By : Ms. Divya Motwani, Ca. Revenue By : Shri. D. K. Mishra, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 26.09.2024 Date Of Pronouncement : 27.09.2024

depreciation and development rebate. • Section 35 grants deduction on expenditure for scientific research and knowledge extension in natural and applied sciences under Page 8 of 11 agriculture, animal husbandry and fisheries. Payment to approved universities/research institutions or A. Y : 2016 - 17 company also qualifies for deduction. In-house R&D is eligible for deduction, under this section. • Section 35CCD provides

M/S SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

section 37(1) of the Income Tax Act, 1961 for Education Cess and Secondary and Higher Education Cess (collectively referred to as `Cess') paid by the Appellant along with income-tax and surcharge for the year under appeal. (corresponding to additional ground no. 17) 18. On the facts and in the circumstances of the case

D.C.I.T., BANGALORE vs. M/S SAP LABS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

section 37(1) of the Income Tax Act, 1961 for Education Cess and Secondary and Higher Education Cess (collectively referred to as `Cess') paid by the Appellant along with income-tax and surcharge for the year under appeal. (corresponding to additional ground no. 17) 18. On the facts and in the circumstances of the case

M/S. PEAK XV PARTNERS ADVISORS PRIVATE LIMITED, ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

In the result, both the appeals of the assessee are allowed

4). To remove any doubts in this regard, it is reiterated\nthat any approval under section 80G(5) on or after 1.10.2009 would\nbe a one time approval which would be valid till it is withdrawn.\n5.1 As can be seen above, the existing approval u/s 80G(5)(vi) of\nthe Act expiring on or after 1st October, 2009 shall

M/S INFOSYS LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

Bench: Shri Chandra Poojaria & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Infosys Ltd., The Assistant Electronic City, Commissioner It(Tp)A No. Hosur Road, Of Income Tax, 2012-13 718/Bang/2017 Bangalore – 560 Circle – 100. 3(1)(1), Pan: Bangalore. Aaaci4798L : Shri Padamchand Khincha, Assessee By Ca : Shri K.V. Arvind & Shri Dilip, Revenue By Standing Counsels For Dept. Date Of Hearing : 15-09-2022 Date Of Pronouncement : 28-11-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Final Assessment Order Dated 28/02/2017 Passed By The Ld.Acit, Circle – 3(1)(1), Bangalore For A.Y. 2012-13 On Following Grounds Of Appeal: General & Legal Grounds 1. The Order Passed By The Learned Assessing Officer & The Directions Of Hon’Ble Drp To The Extent Prejudicial To The Appellant Is Bad In Law & Liable To Be Quashed. Grounds On Denial Of Deduction Claimed Under Section 10Aa In Respect Of 4 Sez Units Viz., Chennai – Unit 1, Chandigarh, Mangalore - Unit 1 & Pune Unit 1 2. The Learned Assessing Officer Has Erred In Denying Deduction Claimed Under Section 10Aa In The Return Of Income Totally Amounting To Rs. 2227,82,65,630 In Respect

4 IT(TP)A No. 718/Bang/2017 18. Without prejudice, software payments made to residents totally amounting to Rs. 30,23,602was not liable for TDS under section 40(a)(ia) in view of the 1st proviso to section 40(a)(ia) read with 1st proviso to section 40(a)(i). 19. On the facts and in the circumstances

M/S BOSCH LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX LTU CIRCLE-1 , BANGALORE

In the result, appeal of the assessee is partly allowed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Bosch Limited, Vs. The Assistant Commissioner Hosur Road, Adugodi, Of Income Tax, Ltu, Bangalore – 560 030. Circle 1, Pan: Aaacm 9840P Bangalore. Appellant Respondent Appellant By : Shri Percy Pardiwala, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.09.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.2. This Appeal Is Against The Order Of The Cit(Appeals), Bangalore-9, Bangalore Dated 31.3.2018 For The Assessment Year 2013- 14. 3. The Assessee Raised Grounds Pertaining To The Following Issues:- Deduction U/S. 35(2Ab) Computed On Net Expenditure As Opposed To Gross Expenditure Disallowance Of Provision For Bad & Doubtful Debts I) Disallowance Of Provision For Long Term Service Award Disallowance Of Expenditure U/S. 14A Of The Act Ii) Page 2 Of 67

37 of the Act v) Disallowance of expenditure incurred towards purchase of application software vi) Disallowance of provision made towards leave availment under section 43B(f) of the Act vii) Disallowance of deduction u/s. 80JJAA of the Act viii) Disallowance of interest paid under the Micro, Small and Medium Enterprises Development Act, 2006 ix) Disallowance of forex loss on forward

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 43B of the Act. 4.1 As regards disallowance of depreciation on tangible assets, the CIT(A) has confirmed the disallowance by holding that no evidence was furnished evidencing incurring of any cost to acquire any such rights. ITA Nos.510 & 662/Bang/2014 Page 4 of 37