M/S. ALTIMETRIK INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(1), BANGALORE

In the result appeal filed by the assessee stands allowed

depreciation on Goodwill is not in accordance with the provisions contained in Explanation 7 to section 43(1), read with Explanation 2 to section 43(6)(c

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

depreciation which have been adopted for preparing such accounts including 37[statement of profit and loss] for such financial year or part of such financial year falling within the relevant previous year. Explanation. 1 ………………..” 2.4. From the above amended section, it can be seen that the provisions of sub clause 2(a) are not applicable to the Bank as decided

M/S. CANARA BANK (ERSTWHILE SYNDICATE BANK),BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

Bench: Shri George George K. & Shri Laxmi Prasad Sahu

depreciation which have been adopted for preparing such accounts including 37[statement of profit and loss] for such financial year or part of such financial year falling within the relevant previous year. Explanation. 1 ………………..” 2.4. From the above amended section, it can be seen that the provisions of sub clause 2(a) are not applicable to the Bank as decided

M/S MHM HOLDINGS PVT LTD ,BANGALORE vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-12 , BANGALORE

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

Bench: Smt. Beena Pillai & Ms. Padmavathy S.M/S. Mhm Holding Pvt. Ltd. Vs Acit, Range - 12 Bengaluru No. 52, Bassappa Road Shantinagar Bengaluru 560027 Pan – Aabcm6614L (Appellant) (Respondent) Assessee By: Shri Parthasarathi, Adv. Revenue By: Shri K.R. Narayana, Addl Cit-Dr Date Of Hearing: 23/11/2022 Date Of Pronouncement: 25/11/2022 O R D E R Per: Padmavathy, A.M.

depreciable assets, the written down value of the block of assets determined in accordance with the provisions contained in sub- item (C) of item (i) of sub-clause (c) of clause (6) of section 43

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

43 of 58 claimed depreciation under section 32(1)(ii) of the Act with respect to the aforesaid various intangible assets aggregating to Rs.16.58 crores acquired through slump sale and categorized under the head “goodwill”. The assessing officer, CIT(A) and Tribunal disallowed the aforesaid claim of depreciation on intangible assets/goodwill. On further appeal, the High Court allowed the appeal

M/S PRAKASH RETAIL PVT LTD..,UDUPI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, UDUPI

In the result, the appeal in the case of the firm is allowed, while appeals in the case of the company are dismissed

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Rao

depreciation is to be allowed on the block of assets. Section 43(6)(c) gives the method, by which, WDV in the case

M/S PRAKASH RETAIL PVT LTD,UDUPI vs. THE JOINT COMMISSIONER OF INCOME TAX, UDUPI RANGE, UDUPI

In the result, the appeal in the case of the firm is allowed, while appeals in the case of the company are dismissed

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Rao

depreciation is to be allowed on the block of assets. Section 43(6)(c) gives the method, by which, WDV in the case

RAMAMURTHY PRAVEEN CHANDRA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, we have allowed grounds raised by the assessee as per above terms for all the years

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

C have not been properly complied with and consequently the impugned order passed on an invalid assumption of jurisdiction under section 153C of the Act is void-ab- into and requires to be cancelled, on the facts and circumstances of the case. The learned Commissioner of Income-tax failed to appreciate that the 39. order of assessment passed

RAMAMURTHY PRAVEEN CHANDRA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, we have allowed grounds raised by the assessee as per above terms for all the years

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

C have not been properly complied with and consequently the impugned order passed on an invalid assumption of jurisdiction under section 153C of the Act is void-ab- into and requires to be cancelled, on the facts and circumstances of the case. The learned Commissioner of Income-tax failed to appreciate that the 39. order of assessment passed

RAMAMURTHY PRAVEEN CHANDRA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, we have allowed grounds raised by the assessee as per above terms for all the years

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

C have not been properly complied with and consequently the impugned order passed on an invalid assumption of jurisdiction under section 153C of the Act is void-ab- into and requires to be cancelled, on the facts and circumstances of the case. The learned Commissioner of Income-tax failed to appreciate that the 39. order of assessment passed

RAMAMURTHY PRAVEEN CHANDRA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

In the result, we have allowed grounds raised by the assessee as per above terms for all the years

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

C have not been properly complied with and consequently the impugned order passed on an invalid assumption of jurisdiction under section 153C of the Act is void-ab- into and requires to be cancelled, on the facts and circumstances of the case. The learned Commissioner of Income-tax failed to appreciate that the 39. order of assessment passed

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1), MYSURU vs. M/S. BHORUKA ALUMINIUM LIMITED, MYSURU

In the result, appeal of the Revenue is allowed

Bench: Shri N. V. Vasudevan & Shri Laxmi Prasad Sahuassessment Year : 2014-15 Acit, Vs. M/S. Bhoruka Aluminium Ltd., No.427E, 2Nd Floor, Hebbal Industrial Circle – 1(1), Mysuru. Area, Metagalli, Mysuru – 570 016. Pan : Aaacb 8073 D Appellant Respondent Assessee By : Shri. S. Ramasubramanian, Ca Revenue By : Dr. Manjunath Karkihalli, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 08.08.2022 Date Of Pronouncement : 16.08.2022 O R D E R Per N. V. Vasudevan:

depreciable assets, the written down value of the block of assets determined in accordance with the provisions contained in sub-item (c) of item (i) of sub-clause (c) of clause (6) of section 43

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX OFFICER, CENTRAL CIRCLE-2(2), BENGALURU

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

6. The learned AO completed the assessment proceedings vide orders dated 30.12.2019 passed under section 143(3) r.w.s.153A of the Act for the A.Ys.2013-14 to 2017-18 and under section 143(3) of the Act for the A.Y. 2018-19. The only disputed addition is the disallowance of depreciation on goodwill. 7. The appellant being aggrieved

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

6. The learned AO completed the assessment proceedings vide orders dated 30.12.2019 passed under section 143(3) r.w.s. 153A of the Act for the A.Ys. 2013-14 to 2017-18 and under section 143(3) of the Act for the A.Y. 2018-19. The only disputed addition is the disallowance of depreciation on goodwill. 7. The appellant being aggrieved

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

6. The learned AO completed the assessment proceedings vide orders dated 30.12.2019 passed under section 143(3) r.w.s. 153A of the Act for the A.Ys. 2013-14 to 2017-18 and under section 143(3) of the Act for the A.Y. 2018-19. The only disputed addition is the disallowance of depreciation on goodwill. 7. The appellant being aggrieved

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(2), BENGALURU

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

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

6. The learned AO completed the assessment proceedings vide orders dated 30.12.2019 passed under section 143(3) r.w.s. 153A of the Act for the A.Ys. 2013-14 to 2017-18 and under section 143(3) of the Act for the A.Y. 2018-19. The only disputed addition is the disallowance of depreciation on goodwill. 7. The appellant being aggrieved

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

43,78,88,596 79,79,183 44,58,67,779 4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice under section 153A of the Act, assessee filed return on 30.03.2019 and declared income as stated in the above table. Thereafter, notice under section

M/S. BARBEQUE NATION HOSPITALITY LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2) , BENGALURU

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

43,78,88,596 79,79,183 44,58,67,779 4. After centralization of the case, notice under section 153A of the Act was issued on 05.02.2019. In response to notice under section 153A of the Act, assessee filed return on 30.03.2019 and declared income as stated in the above table. Thereafter, notice under section