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

4) of The Act. Even otherwise delay in filing the return was unintentional and arose due to change in the ITA No.2006 /Bang/2019 Page 31 of 37 auditors, changes in Trustees, accountants. Despite the delay, the return was ultimately filed, and full disclosures were made, and the books of account were maintained by assessee. Further the registration under Section 12AA

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

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

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

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

GOBINDRAM CHANDRAMANI VIVEK,BANGALORE vs. INCOME TAX OFFICER - WARD 1(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

Section 11 in the same or any other previous year, the income shall be determined without any deduction or allowance by way of depreciation or otherwise in respect of such asset. But, in the instant case, both the deductions viz. allowing interest on housing loan u/s 24(b), as also allowing it to be added

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. GLOBAL TECH PARK PVT LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

4 of the appeal. 49. Ground No.2 of the appeal is against the confirmation of the disallowance of depreciation on luxury cars which is identical to appeal of the assessee for AYs 2012-13 to 2015-16 wherein we have directed the ld. AO to delete the disallowance. For similar reasons, we direct the ld. AO to delete the disallowance

M/S. GLOBAL TECH PARK PVT LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

4 of the appeal. 49. Ground No.2 of the appeal is against the confirmation of the disallowance of depreciation on luxury cars which is identical to appeal of the assessee for AYs 2012-13 to 2015-16 wherein we have directed the ld. AO to delete the disallowance. For similar reasons, we direct the ld. AO to delete the disallowance

M/S. GLOBAL TECH PARK PVT. LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

4 of the appeal. 49. Ground No.2 of the appeal is against the confirmation of the disallowance of depreciation on luxury cars which is identical to appeal of the assessee for AYs 2012-13 to 2015-16 wherein we have directed the ld. AO to delete the disallowance. For similar reasons, we direct the ld. AO to delete the disallowance

M/S. GLOBAL TECH PARK PVT. LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

In the result appeal no 2319/ Bang/2024 filed by the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

4 of the appeal. 49. Ground No.2 of the appeal is against the confirmation of the disallowance of depreciation on luxury cars which is identical to appeal of the assessee for AYs 2012-13 to 2015-16 wherein we have directed the ld. AO to delete the disallowance. For similar reasons, we direct the ld. AO to delete the disallowance

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation and claiming deduction u/s 80P(2)(a)(iv) of the Act. Later, a revised return was filed declaring a gross total income of Rs. 4,37,00,195/- and the total income of Rs. 1,61,03,690/- after claiming deduction u/s 80P of the Act. Page 4 of 23 ITA Nos. 1354 & 1355/Bang/2016 3. On December

DCIT, BANGALORE vs. M/S W.S. ATKINS (INDIA) PVT. LTD.,, BANGALORE

In the result, the appeal of the revenue is dismissed and C

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

depreciation under Section 40(a)(i) of the Act on the ground that the payments made for technical know-how which had been capitalized, no tax deduction at source has been made thereon. The Tribunal while accepting the plea of the assessee, in para 3, had noticed as under: "3. Ground no. 4

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

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

M/S. GLOBAL TECH PARK PVT LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

depreciation as per Para no. 5.4.12. Aggrieved with that, assessee is in appeal before us. 8. The contention of the ld. AR is that :- (i) the addition/disallowance made by the ld. AO is devoid of any merit for the reason that the date of search was 1.2.2018 which was concluded on 29.3.2018. As on the date of search, the assessment

M/S. GLOBAL TECH PARK PVT LTD.,,BANGALORE vs. DCIT, CENTRAL CIRCLE-1(1), BENGALURU

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

depreciation as per Para no. 5.4.12. Aggrieved with that, assessee is in appeal before us. 8. The contention of the ld. AR is that :- (i) the addition/disallowance made by the ld. AO is devoid of any merit for the reason that the date of search was 1.2.2018 which was concluded on 29.3.2018. As on the date of search, the assessment

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 147 of the Income-tax Act.” 69. The Hon’ble Delhi High Court in Commissioner of Income-tax v. SPL'S Siddhartha Ltd. [2012] 345 ITR 223 (DELHI) held as under:- “8. Thus, if authority is given expressly by affirmative words upon a defined condition, the expression of that condition excludes the doing of the Act authorised under other

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 147 of the Income-tax Act.” 69. The Hon’ble Delhi High Court in Commissioner of Income-tax v. SPL'S Siddhartha Ltd. [2012] 345 ITR 223 (DELHI) held as under:- “8. Thus, if authority is given expressly by affirmative words upon a defined condition, the expression of that condition excludes the doing of the Act authorised under other