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

section 234B of the Act which is consequential in nature and the same does not require any separate adjudication. Hence, the same is dismissed infructuous. 71. Coming to the issue raised through additional ground of appeal regarding allowances of foreign tax as business expenditure. 72. At the outset, we note that the issue raised by the assessee in its grounds

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

section 234B of the Act which is consequential in nature and the same does not require any separate adjudication. Hence, the same is dismissed infructuous. 71. Coming to the issue raised through additional ground of appeal regarding allowances of foreign tax as business expenditure. 72. At the outset, we note that the issue raised by the assessee in its grounds

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

72 apply by virtue of sub-sections (1) and (5) of section 115JB, it has been opined that the ITA Nos.510 & 662/Bang/2014 Page 28 of 37 unabsorbed depreciation

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

72 apply by virtue of sub-sections (1) and (5) of section 115JB, it has been opined that the ITA Nos.510 & 662/Bang/2014 Page 28 of 37 unabsorbed depreciation

M/S. MISTRAL SOFTWARE PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), , BENGALURU

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

depreciation against income from other sources. By virtue of section 154(1A) of the I.T.Act, a new claim can be considered by the A.O. while passing order u/s 154 of the I.T.Act. 9.3 As per section 72

M/S. MISTRAL SOFTWARE PVT LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), BANGALORE

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

depreciation against income from other sources. By virtue of section 154(1A) of the I.T.Act, a new claim can be considered by the A.O. while passing order u/s 154 of the I.T.Act. 9.3 As per section 72

M/S. MISTRAL SOFTWARE PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), BENGALURU

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

depreciation against income from other sources. By virtue of section 154(1A) of the I.T.Act, a new claim can be considered by the A.O. while passing order u/s 154 of the I.T.Act. 9.3 As per section 72

M/S. MISTRAL SOFTWARE PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(1)(2),, BENGALURU

In the result, the appeal in ITA No

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am

depreciation against income from other sources. By virtue of section 154(1A) of the I.T.Act, a new claim can be considered by the A.O. while passing order u/s 154 of the I.T.Act. 9.3 As per section 72

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

72,468 on goodwill and certain other intangibles. The working of depreciation on goodwill was also filed before the assessing officer vide the said reply dated 15.10.2012 (refer pages 604-606 of PB– Vol 1 / pages 2818-2820 of PB-Vol 4). The assessing officer in the impugned order, did not, however, deal with the claim of depreciation on goodwill

DCIT, BANGALORE vs. M/S CORE OBJECTS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by assessee stands allowed as indicated hereinabove and appeal filed by revenue stands allowed partly

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No.517/Bang/2015 Assessment Year : 2010-11

72 and 74 of the Act but does not provide anything regarding intra-head set off under section 70 and inter-head set off under section 71 of the Act. The business income can be computed only after set off of business loss against the business income in the year as per provisions of section 70 of the Act. section

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

72,465/-. Since the assessee has not deducted tax at source from the payment made for purchase of software, the A.O. took the view that the depreciation claimed on software is not allowable, as per provisions of section

M/S RAMSOFT TECHNOLOGIES PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Raom/S.Ramsoft Technologies Pvt. Ltd. No.104A, 4Th Cross, Electronic City, Hosur Road, Bangalore-561229. … Appellant Pa No.Aaacr 6948 R Vs. Deputy Commisioner Of Income-Tax, Circle 12(4), Bangalore. … Respondent

depreciation as per the provisions of the Act should be made for each year of the tax holiday period. While so computing, attention will have to be given to the provisions of sections 70, 71, 72

M/S. INDUS TRUST ,BENGALURU vs. ACIT, CIRCLE-2(2)(1), BENGALURU

In the result, the appeal of the assessee is partly allowed for\nstatistical purposes

depreciation claimed under the\nfacts and in the circumstances of the appellant's case.\n4. Without prejudice to the right to seek waiver with the Hon'ble\nCCIT/DG, the appellant denies itself liable to be charged to interest\nu/s.234B of the Act, which under the facts and in the circumstances of\nthe appellant's case and the same deserves

IBM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2000-2001

72 or sub-section (1) [or sub-section previous year or, within such further (3)] of section 74 and no deficiency referred period as the competent authority may to in sub-section (3) of section 80J, in so far allow in this behalf. as such loss or deficiency relates to the Explanation 1.—For the purposes of this sub- business

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

72,53,706 6. The assessee in the SWD services segment has determined the ALP by applying TNM Method to be the most appropriate method. The Operating Profit to Operating Cost (OP/OC) has been taken as the Profit Level Indicator [PLI]. The assessee has chosen the following comparables whose median margin is at 14.12% :- Sr. No. Name of the company

M/S. SAFINA HOTELS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 6(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojarim/S. Safina Hotels Pvt. Ltd., 84/85, Safina Plaza, Infantry Road, Bangalore-560 001 ….Appellant Pan Aaccs 5146G Vs. Dy. Commissioner Of Income Tax, Circle 6(1)(1), Bangalore. ……Respondent. Assessee By: Shri Tata Krishna, Advocate. Revenue By: Shri Kannan Narayanan, Jcit(D.R)

depreciation under Section 32 of the Income Tax Act by observing that it cannot be said that the assessee stopped /closed the business, we are in complete agreement with the view taken by the learned Tribunal.” iii) Mula Pravara Electric Co-op. Society Ltd. v. DCIT [2018] 173 ITD 313 (Pune - Trib.), it was held as under: “ 14.5 Legal Scope

INDAUTO FILTERS,BENGALURU vs. ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2016-17

72,51,521. However, the assessee has fed the depreciation figure correctly in “Part A- P&L”. In the intimation received u/s. 143(1) dated 28.4.2017, depreciation was not allowed as a deduction though the same was added to the income from business or profession. 4. The assessee filed an appeal against the intimation u/s. 143(1) whereby the assessee

TEJAS NETWORKS LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

72,82,988 9.1. The • learned AO erred in not considering the allowance of deduction under section 35(1) of the Act, pertaining to amounts not recognized by the Department of Scientific Research and Development ("DSIR") for weighted deduction under section 35(2AB) of the Act. The learned AO erred in not following the order of the Honourable DRP, which