TOYOTA BOSHOKU AUTOMOTIVE INDIA PRIVATE LIMITED,BIDADI vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT OR THE DCIT, CIRCLE - 7(1)(1), KORAMANGALA

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

disallowance on the ground that the adjustment originated from the CPC’s intimation under section 143(1) of the Act, and not as a variation proposed by the AO under section 144C(1) of the Act. The learned DRP held that it lacks jurisdiction over such matters and relied on the decision . IT(TP)A No.1539/Bang/2024 Page

DINESH KUMAR SINGHI,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee's appeal for Assessment Year 2011-12 is partly allowed

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

1) dt. 10/07/2012, 29/08/2012, 05/10/2012 & 19/12/2012 were issued seeking several details which was duly filed by the assessee. The assessment came to be concluded u/s 153A r.w.s 143(3) on 11/03/2013 disallowing already allowed claim of Rs. 85,16,56,168/- and determining the total income at Rs.131,01,19,435/-. The reasons for withdrawal of the section 10B

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

1 : 37. Admittedly, assessee included voluntary addition of Rs.1,20,30,165/- for computing ALP of the transaction. Under section 92C of the Act, when assessee enters into an international transaction with its associated enterprise, the arms length price of the transaction is to be computed as per section 92C by the Ld.TPO, in the hands of assessee. In other

DCIT, BANGALORE vs. M/S INTERNATIONAL STONES INDIA PVT. LTD.,, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

disallowed this claim for a reason that exports were effected by the merchant exporters, who alone had received the foreign exchange. AO also noted that assessee had received the consideration for sale from such merchant exporters only in Indian rupee and there was no concept of "deemed exports" in section 1OB of the Act. Learned CIT(A), accepted the claim

M/S INTERNATIONAL STONE INDIA PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

disallowed this claim for a reason that exports were effected by the merchant exporters, who alone had received the foreign exchange. AO also noted that assessee had received the consideration for sale from such merchant exporters only in Indian rupee and there was no concept of "deemed exports" in section 1OB of the Act. Learned CIT(A), accepted the claim

M/S INTERNATIONAL STONES I P LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX,, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

disallowed this claim for a reason that exports were effected by the merchant exporters, who alone had received the foreign exchange. AO also noted that assessee had received the consideration for sale from such merchant exporters only in Indian rupee and there was no concept of "deemed exports" in section 1OB of the Act. Learned CIT(A), accepted the claim

DEPUTY COMMISSIONER OF INCOME TAX,, BANGALORE vs. M/S INTERNATIONAL STONES INDIA P LTD, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

disallowed this claim for a reason that exports were effected by the merchant exporters, who alone had received the foreign exchange. AO also noted that assessee had received the consideration for sale from such merchant exporters only in Indian rupee and there was no concept of "deemed exports" in section 1OB of the Act. Learned CIT(A), accepted the claim

M/S |NTERNATIONAL STONES I P LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX,, BANGALORE

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

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

disallowed this claim for a reason that exports were effected by the merchant exporters, who alone had received the foreign exchange. AO also noted that assessee had received the consideration for sale from such merchant exporters only in Indian rupee and there was no concept of "deemed exports" in section 1OB of the Act. Learned CIT(A), accepted the claim

MOOG MOTION CONTROLS PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BANGALORE

In the result, the appeal is allowed

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2019-20 M/S. Moog Motion Controls Pvt. Ltd., Acit, Site No.42-43, Doraisanipalya Circle – 4(1)(1), Village, Vs. Bengaluru. Opp. Oracle (Kalyani Magnum), Bilekahalli, Begur Hobli, Bengaluru – 560 076. Pan : Aadcm 3828 J Appellant Respondent Assessee By : Shri. Srinivas K. P, Ca Revenue By : Shri. V. Parithivel, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 20.03.2024 Date Of Pronouncement : 08.05.2024

disallowed if the assessee does not file Form 67 within the due date prescribed under section 139(1) of the Act. It was submitted that that there are many sections in the Act which specifically deny deduction or exemption or relief in case the return is not filed within prescribed time. Reference was made to section 80AC

OPTO CIRCUITS INDIA PVT LTD ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

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

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

disallowing the claim u/s 10AA of the I.T.Act that the assessee has not fulfilled or violated any of the conditions mentioned in sub-sections (2) and (4) of section 10AA of the I.T.Act. 12. The precondition of filing the return before the specified due date u/s 139(1) of the I.T.Act was introduced in the following sections, namely, 10A, 10B

ASST.C.I.T., BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

disallowance of claim of set off of loss arising in STPI/SEZ undertakings against “business income” generated from non-STPI/non-SEZ undertakings. STPI refers to “Software Technology Park” and SEZ refers to “Special Economic Zone”. This issue has been urged by the assessee in all the six years under consideration, viz., AY 2009-10 to 2014-15. 4.2 The facts relating

DCIT, BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

disallowance of claim of set off of loss arising in STPI/SEZ undertakings against “business income” generated from non-STPI/non-SEZ undertakings. STPI refers to “Software Technology Park” and SEZ refers to “Special Economic Zone”. This issue has been urged by the assessee in all the six years under consideration, viz., AY 2009-10 to 2014-15. 4.2 The facts relating

M/S. ALLSTATE INDIA PRIVATE LIMITED ,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(1), BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year: 2018-19

1,55,08,015 consequent to disallowance of deduction under section 10AA of the Act for interest income earned by the Appellant. 4. That the learned CIT(A) has erred in the facts and circumstances of the case by - passing the impugned Order without following the judicial Precedence on this matter. 2. The brief facts of the case are that

M/S INFOSYS LTD ,BANGALOR E vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, the appeal filed by the assessee as well as by revenue are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.735/Bang/2018 Assessment Year: 2013-14

section 80JJAA being disallowed. 17.1. The Ld.AR submitted that copy of the Audit report under section 80JJAA, being Form No. 10DA was submitted to the Ld.AO vide submission dated 28.5.2014. The Ld.AO thereafter called upon assessee to justify the allowability of deduction under section 80JJAA. The assessee explained in detail as to why deduction under section 80JJAA should be allowed

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE vs. M/S INFOSYS LIMITED , BANGALORE

In the result, the appeal filed by the assessee as well as by revenue are partly allowed for statistical purposes

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.735/Bang/2018 Assessment Year: 2013-14

section 80JJAA being disallowed. 17.1. The Ld.AR submitted that copy of the Audit report under section 80JJAA, being Form No. 10DA was submitted to the Ld.AO vide submission dated 28.5.2014. The Ld.AO thereafter called upon assessee to justify the allowability of deduction under section 80JJAA. The assessee explained in detail as to why deduction under section 80JJAA should be allowed

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

section 10AA of the Act. Accordingly these grounds raised by the assessee stands partly allowed. 16. Ground nos. 41 & 42 - Reduction of deduction under section 10AA in respect of pure onsite revenue 16.1 It was submitted that a software development project typically goes through the stages of requirement analysis, prototyping, design, pilots, programming, testing and installation and maintenance. A software

M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTPU , BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

1 crore in FY 2012-13, erred in not applying the said filter at the upper end so as to reject high turnover companies as well. The Ld. Panel also erred in confirming the same. m) The Ld. AO Ld. TPO erred on facts in arbitrarily accepting companies without considering the turnover and size of the Appellant and comparables

M/S THE HIMALAYA DRUG COMPANY,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee’s appeal for Assessment Year 2011-12 is partly allowed

Bench: Shri Jason P Boaz & Shri Laliet Kumarit(Tp)A No.187/Bang/2015 Assessment Year : 2010-11

disallowed wholly or partly because its incidentally benefits the third party. This was in context on Section 57(1) of the Act. Reference was made to the decision in Sassoon J David & Co Pvt. Ltd. v. CIT (1979) 118 ITR 26 (SC). The Supreme Court in the said decision emphasised that the expression 'wholly and exclusively' used in Section

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU, BENGALURU vs. INFOSYS LIMITED, BENGALURU

In the result, appeal filed by the assessee is partly allowed and the appeal filed by the revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2019-20

disallowance made under section 10AA of the Act ignoring that since no new master service agreement was made, the benefit of claim u/s 10AA from the old SEZ cannot be allowed. 5. The CIT(A) erred in remitting the matter to assessing officer on issue relating to section 80G of the Act ignoring that in instant case assessee