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

65, and in the case of CIT vs. IBM India Limited, reported in 357 ITR 88. 9.1 Without prejudice to the above, the assessee also submitted that in case the expenditures incurred on impugned application of software were not allowed as revenue expenditure, the depreciation should be allowed at the rate of 60% considering the same as “computer including computer

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

section 144B of the Act.\n18.5 In the present case, the assessment year involved is A.Y. 2017-\n18, much after the withdrawal of remand powers. The assessee had\nalready furnished complete details regarding the nature and duration of\nsoftware licences before the Assessing Officer. Therefore, there was no\nlegal justification for the learned CIT(A) to remand the issue back

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

section 43(1) of the Act held that depreciation would be admissible only with reference to the WDV of the assets (as appearing in the books of IRIL on basis of Form 3CEA report) forming part of the business purchased by the appellant and not with reference to the values on the basis of valuer’s report. Accordingly, the assessing

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

section 144B of the Act.\n18.5 In the present case, the assessment year involved is A.Y. 2017-\n18, much after the withdrawal of remand powers. The assessee had\nalready furnished complete details regarding the nature and duration of\nsoftware licences before the Assessing Officer. Therefore, there was no\nlegal justification for the learned CIT(A) to remand the issue back

M/S UKN PROPERTIES PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX,, BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranassessment Year: 2011-12

depreciation claimed. The Commissioner (Appeals), confirmed the action of theAssessing Officer on the ground that the purchase of software amounted to acquisition of intangible asset and therefore, the payment was royalty and disallowable. On appeal: Held, (i) that mere purchase of software, a copyrighted article, for utilisation of computers cannot be considered as purchase of copyright and royalty. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation on lease hold land claimed by assessee u/s 32(1)(ii) of the Act. 6.1 The ld. A.R. submitted that the assessee has entered into a Mining Agreement with the Government of Maharashtra vide Mining Agreement dated 25-09-2006 (“Mining Agreement”) for a period of 30 years. 6.2 The Grant of Mining Lease had covered an area

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation on lease hold land claimed by assessee u/s 32(1)(ii) of the Act. 6.1 The ld. A.R. submitted that the assessee has entered into a Mining Agreement with the Government of Maharashtra vide Mining Agreement dated 25-09-2006 (“Mining Agreement”) for a period of 30 years. 6.2 The Grant of Mining Lease had covered an area

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation on lease hold land claimed by assessee u/s 32(1)(ii) of the Act. 6.1 The ld. A.R. submitted that the assessee has entered into a Mining Agreement with the Government of Maharashtra vide Mining Agreement dated 25-09-2006 (“Mining Agreement”) for a period of 30 years. 6.2 The Grant of Mining Lease had covered an area

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation on lease hold land claimed by assessee u/s 32(1)(ii) of the Act. 6.1 The ld. A.R. submitted that the assessee has entered into a Mining Agreement with the Government of Maharashtra vide Mining Agreement dated 25-09-2006 (“Mining Agreement”) for a period of 30 years. 6.2 The Grant of Mining Lease had covered an area

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

depreciation on lease hold land claimed by assessee u/s 32(1)(ii) of the Act. 6.1 The ld. A.R. submitted that the assessee has entered into a Mining Agreement with the Government of Maharashtra vide Mining Agreement dated 25-09-2006 (“Mining Agreement”) for a period of 30 years. 6.2 The Grant of Mining Lease had covered an area

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 115JB. As the aggregate amount of unabsorbed depreciation in respect of the four years is at Rs. 1,51,15,393 which is lower than the aggregate of the loss before depreciation at Rs. 2,40,75,717, in our considered opinion, the assessee had rightly claimed reduction for the lower amount of Rs. 1.51 crores. We, therefore, accept

DCIT, BANGALORE vs. M/S BANGALORE INTERNATIONAL AIRPORT LTD.,, 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 115JB. As the aggregate amount of unabsorbed depreciation in respect of the four years is at Rs. 1,51,15,393 which is lower than the aggregate of the loss before depreciation at Rs. 2,40,75,717, in our considered opinion, the assessee had rightly claimed reduction for the lower amount of Rs. 1.51 crores. We, therefore, accept

ATOS IT SERVICES PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), BANGALORE

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

Bench: Shri George George K. & Ms. Padmavathy S

depreciation under section 32 of the Act in the context of business transfer through slump sale: Areva T & D India Ltd. 345 ITR 21 IT(TP)A No.226/Bang/2021 Page 23 of 25 Truine Energy Services (P) Ltd. 65

M/S. SYNGENE INTERNATIONAL LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 6, BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2010-11

65,23,656 3,97,30,817 3.12 Thus, the decrease in the value of the closing WDV of assets is only on account of depreciation and there is no transfer of assets in EOU Unit 1. 3.13 Employee benefit cost: The following table demonstrates that the employee benefit cost of EOU-I was not affected by the formation

MARVELL INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Rahul Chaudharym/S. Marvell India Private Limited 10Th Floor, Tower D & E Global Technology Park, Marathahalli Outer Ring Road Devarabeesanahalli Village Varthurhobli Bangalore 560 103 ………. Appellant [Pan: Aaecm5559R]

65,69,881 Depreciation claimed on goodwill (Intangible asset) 3,08,21,235 xx during the AY 2020-21 7.2. After taking into consideration the above submission, the Assessing Officer issued show-cause notice, dated 14/09/2023, to the Assessee and in response to the same submission, dated 21/09/2023, was filed by the Assessee wherein it was contended that claim

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

depreciation under section 32 of the Act in the context of business transfer through slump sale: Areva T & D India Ltd. 345 ITR 21 Truine Energy Services (P) Ltd. 65

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

depreciation under section 32 of the Act in the context of business transfer through slump sale: Areva T & D India Ltd. 345 ITR 21 Truine Energy Services (P) Ltd. 65

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

depreciation under section 32 of the Act in the context of business transfer through slump sale: Areva T & D India Ltd. 345 ITR 21 Truine Energy Services (P) Ltd. 65