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

47 of 53 55.8 At the same time, we find merit in the alternative contention of the assessee that even if, for any reason, weighted deduction under section 35(2AB) is not granted on the unquantified portion, such expenditure is otherwise eligible for deduction under section 35(1)(i) of the Act, subject to verification, as it represents expenditure

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

Bench: Shri Waseem Ahmed & Shri Soundararajan K

section 37(1) of the Act, after due verification of facts and supporting documents, and to consider the applicability of the judicial precedents relied upon by the assessee. The AO shall provide reasonable opportunity of being heard to the assessee and thereafter grant appropriate relief in accordance with law, if the claim is found to be admissible. With these directions

M/S I & B SEEDS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, the appeal filed by the assessee is allowed

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2015-16

depreciation to the assessee is untenable and unwarranted. Non-applicability of section 47(xiv) /47(vi) 11.10 Provision of clause

M/S. I & B SEEDS PRIVATE LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-3(1)(1), BENGALURU

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 47, of the Income-tax Act, 1961 - Depreciation Allowance/Rate of (Succession of business) - Assessment years 2005-06 to 2008-09 - Under

M/S. I & B SEEDS PRIVATE LIMITED,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-3(1)(1), BENGALURU

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 47, of the Income-tax Act, 1961 - Depreciation Allowance/Rate of (Succession of business) - Assessment years 2005-06 to 2008-09 - Under

M/S. I & B SEEDS PRIVATE LIMITED ,BENGALURU vs. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-3(1)(1), BENGALURU

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 47, of the Income-tax Act, 1961 - Depreciation Allowance/Rate of (Succession of business) - Assessment years 2005-06 to 2008-09 - Under

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

47)(v) and no real income which had accrued or arisen to assessee as there was no receipt of full sale consideration and in absence thereof, assessee would not be exigible to capital gains tax - Held, yes [Paras 24 and 26][ln favour of assessee] II. Section 48 of the Income-Tax Act, 1961 - Capital gains - Computation of (Cost

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

47)(v) and no real income which had accrued or arisen to assessee as there was no receipt of full sale consideration and in absence thereof, assessee would not be exigible to capital gains tax - Held, yes [Paras 24 and 26][ln favour of assessee] II. Section 48 of the Income-Tax Act, 1961 - Capital gains - Computation of (Cost

M/S. S P R DEVELOPERS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(3), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

47)(v) and no real income which had accrued or arisen to assessee as there was no receipt of full sale consideration and in absence thereof, assessee would not be exigible to capital gains tax - Held, yes [Paras 24 and 26][ln favour of assessee] II. Section 48 of the Income-Tax Act, 1961 - Capital gains - Computation of (Cost

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

47 of 58 source of income. It is alternatively submitted by the Assessee that in case the said amount is held to form part of the lump sum consideration towards acquisition of RDB undertaking, then, depreciation may be directed to be allowed thereon in terms of section

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

47 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

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

47 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

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

47 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

ASST.C.I.T., MANGALORE vs. DR. ALI KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

section 47(xiii) is to encourage business reorganizations to continue the business of the firms by allowing the advantage of carrying forward losses and unabsorbed ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 4 of 35 depreciation

ASST.C.I.T., MANGALORE vs. DR. YUSUF KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

section 47(xiii) is to encourage business reorganizations to continue the business of the firms by allowing the advantage of carrying forward losses and unabsorbed ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 4 of 35 depreciation

ASST.C.I.T., MANGALORE vs. DR. ALI KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

section 47(xiii) is to encourage business reorganizations to continue the business of the firms by allowing the advantage of carrying forward losses and unabsorbed ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 4 of 35 depreciation

ASST.C.I.T., MANGALORE vs. DR. YUSUF KUMBLE, MANGALORE

In the result, the appeals filed by the revenue are dismissed

Bench: Shri Inturi Rama Rao & Shri Sudanshu Srivastava

section 47(xiii) is to encourage business reorganizations to continue the business of the firms by allowing the advantage of carrying forward losses and unabsorbed ITA Nos. 1376 & 1377 & 1378 & 1379/Bang/2015 Page 4 of 35 depreciation

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

47 ITA Nos.21 to 26/Bang/2024 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