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544 results for “disallowance”+ Section 10B(2)(i)clear

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Key Topics

Section 143(3)78Section 10A54Addition to Income52Transfer Pricing48Section 92C47Section 1145Disallowance44Comparables/TP41Deduction36Section 143(1)

BHARAT MINE AND MINERALS,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals of Revenue for Assessment Years 2008-09

ITA 738/BANG/2015[2008-09]Status: DisposedITAT Bangalore10 Apr 2018AY 2008-09

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri K.R. Pradeep, C.AFor Respondent: Shri K.V.Arvind, Standing Counsel for Dept
Section 10BSection 132Section 132(4)Section 143(3)Section 153ASection 37(1)Section 69

2 above and deleted the protective addition in Sl no.3 above. Each of the addition is discussed hereunder: I. Disallowance u/s 10B – Rs.177,81,93,334/- The AO has erred in disallowing the claim u/s 10B amounting to Rs.177,81,93,334/- for the reasons he has mentioned in the assessment order for the AY 2005-06 dt.11/03/2013

Showing 1–20 of 544 · Page 1 of 28

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29
Section 80J28
Section 9026

DINESH KUMAR SINGHI,BANGALORE vs. DCIT, BANGALORE

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

ITA 699/BANG/2015[2005-06]Status: DisposedITAT Bangalore10 Apr 2018AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri K.R. Pradeep, C.AFor Respondent: Shri K.V. Arvind, Standing Counsel for Dept
Section 10BSection 132Section 143(3)Section 148Section 153ASection 154

disallowance of Rs.86,63,23,825 claimed as deduction under Section 10B of the Act. The assessee's appeal was dismissed by the CIT (Appeals) – 11, Bangalore vide the impugned order dt.27.2.2015. 3. Aggrieved by the order of the CIT (Appeals) – 11, Bangalore dt.22.5.2.2015 for Assessment Year 2005-06, the assessee has filed this appeal, wherein the following grounds have

ASST.C.I.T., BELLARY vs. M/S HOTHUR TRADERS 100% EOU, BELLARY

In the result, Revenue’s appeals for asst

ITA 32/BANG/2016[2011-12]Status: DisposedITAT Bangalore19 Jan 2018AY 2011-12

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazita No.32/Bang/2016 (Asst. Years 2010-11 & 2011-12) The Asst. Commissioner Of Income-Tax, Circle-1, Bellary. . Appellant Vs. M/S Hothur Traders 100% Eou, No.85,6,7&8, Infantry Road, Cantonment, Bellary. . Respondent Pan –Aaefh7705H. Co No.55/Bang/2016 (By Assessee) Appellant By : Shri Nagendra Prasad, Cit Respondent By : Shri B.S Balachandran, Advocate Date Of Hearing : 22-11-2017 Date Of Pronouncement : 19-01-2018

For Appellant: Shri Nagendra Prasad, CITFor Respondent: Shri B.S Balachandran, Advocate
Section 10ASection 10BSection 143(3)Section 40

2 (29AB) of the Income Tax Act as referred to by both the parties, we hold that all the three 100% EOU engaged in processing so as to make crude ore and waste i.e tailings usable or marketable are entitled for exemption u/s 10B subject to the other conditions for exemption under section 10B are being fulfilled.” 3.12.8 From

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

ITA 735/BANG/2018[2013-14]Status: DisposedITAT Bangalore09 Jan 2023AY 2013-14

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

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Sri Sreenivas T. Bidari, D.R
Section 11Section 14ASection 194JSection 234BSection 40Section 80J

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

ITA 809/BANG/2018[2013-14]Status: DisposedITAT Bangalore09 Jan 2023AY 2013-14

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

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Sri Sreenivas T. Bidari, D.R
Section 11Section 14ASection 194JSection 234BSection 40Section 80J

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

ITA 718/BANG/2017[2012-13]Status: DisposedITAT Bangalore28 Nov 2022AY 2012-13

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 10ASection 14ASection 2Section 2(24)Section 40

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

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

ITA 517/BANG/2015[2010-11]Status: DisposedITAT Bangalore01 Apr 2021AY 2010-11

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

For Appellant: Shri Muzaffar Hussain, CIT (DR)For Respondent: Smt. Tanmayee Rajkumar
Section 10ASection 143Section 144CSection 144C(13)Section 194JSection 40Section 9(1)(iv)

2 : 38. Now coming to the 2nd part of disallowance by the Ld. AO under section 10A regarding the voluntary income offered by assessee for computing the transfer pricing adjustment. 39. On one hand, it is the assessee’s contention that provisions of section 92(4) will not be applicable in this case as the transfer Page

M/S. INTERGARDEN (INDIA) PVT. LTD.,,BANGALORE vs. ACIT, BANGALORE

In the result, appeal of the assessee for A

ITA 1292/BANG/2010[2006-07]Status: DisposedITAT Bangalore18 Mar 2016AY 2006-07

Bench: Shri. Abraham P. George & Shri. Vijay Pal Raoi.T.A No.1292/Bang/2010 (Assessment Year : 2006-07)

For Appellant: Shri. Prakash Chand Yadav, Advocate & Shri. Suresh Balani, CAFor Respondent: Ms. Neera Malhotra, CIT-DR & Shri. Manoj Kumar, Add. CIT
Section 10BSection 144CSection 234B

2(iii) to Section 10B of the Act, which give room for no doubt. AO is obliged to deduct such amount from the export turnover while computing the deduction under the said section. However the alternative claim of the ITA.1292/Bang/2010; IT(TP)A.887,963/Bang/2013 Page - 3 assessee that such amounts which are deducted from the export turnover was required

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

ITA 245/BANG/2024[2019-20]Status: DisposedITAT Bangalore06 Aug 2025AY 2019-20

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

For Appellant: Sri Padam Chand Khincha – CAFor Respondent: Smt. Srinandini Das – CIT - DR
Section 1Section 10ASection 155Section 250

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

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

ITA 147/BANG/2020[2010-11]Status: DisposedITAT Bangalore13 Jun 2022AY 2010-11

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

For Appellant: Sri Padamchand Khincha, A.RFor Respondent: Sri Sumer Singh Meena, DR
Section 10ASection 10BSection 14ASection 250Section 32(1)(iia)Section 80

2 of 29 1.Disallowance of relief claimed under section 10B of the Act 1.1 The Learned CIT(A) has erred in law arid in fact in disallowing

TESCO HINDUSTAN SERVICE CENTRE PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal of the assessee is allowed in the terms indicated above

ITA 1633/BANG/2012[2008-09]Status: DisposedITAT Bangalore18 Oct 2016AY 2008-09

Bench: Shri S.K.Yadav & Shri A. K. Garodiait (Tp) A No.182 (Bang) 2014 (Assessment Years : 2009 – 10)

For Appellant: Shri Mayank Jain & Shri Madhur Jain AdvocatesFor Respondent: Shri Sanjay Kumar, CIT DR
Section 143(3)Section 144CSection 144C(15)(b)Section 37(1)Section 92ASection 92A(1)Section 92A(2)Section 92B(2)

disallowance of expenditure under Explanation to section 37(1), and additions made on account of sale of land and accommodation entry. APPLlCATlON OF TP PROVISIONS: 7. (A). The Learned Dispute Resolution Panel (DRP) and the lower authorities ought to have held that there is no A.E. since the authorities are unable to show that the provisions of Sub Section

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

ITA 1316/BANG/2017[2013-14]Status: DisposedITAT Bangalore30 Sept 2022AY 2013-14

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

For Appellant: Sri.Shiva Prasad Reddy, ITPFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 10ASection 10BSection 139(1)Section 143(3)Section 35(1)(i)Section 37

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

M/S MARMON FOOD & BEVERAGE TECHNOLOGIES INDIA PVT LTD ,BANGALORE vs. INCOME TAX OFFICER WARD-11(2), BANGALORE

In the result, appeal of the assessee in ITA No

ITA 1811/BANG/2017[2011-12]Status: DisposedITAT Bangalore14 Dec 2017AY 2011-12

Bench: Shri Sunil Kumar Yadav

For Appellant: Shri. Tata Krishnan, CAFor Respondent: Shri. M. Rajasekhar, Addl. CIT
Section 10BSection 143(3)Section 144ASection 147Section 148Section 149Section 149(1)(b)

2. The Learned Commissioner (Appeals) is not justified in upholding the action of the Learned Assessing Officer in disallowing the deduction of Rs. 13,30,220/- under Section l0B: 2.1. The Learned CIT(A) is not justified in sustaining disallowance under Section 10B

M/S MARMON FOOD & BEVERAGE TECHNOLOGIES INDIA PVT LTD ,BANGALORE vs. THE INCOME TAX OFFICER WARD-11(2), BANGALORE

In the result, appeal of the assessee in ITA No

ITA 1810/BANG/2017[2006-07]Status: DisposedITAT Bangalore14 Dec 2017AY 2006-07

Bench: Shri Sunil Kumar Yadav

For Appellant: Shri. Tata Krishnan, CAFor Respondent: Shri. M. Rajasekhar, Addl. CIT
Section 10BSection 143(3)Section 144ASection 147Section 148Section 149Section 149(1)(b)

2. The Learned Commissioner (Appeals) is not justified in upholding the action of the Learned Assessing Officer in disallowing the deduction of Rs. 13,30,220/- under Section l0B: 2.1. The Learned CIT(A) is not justified in sustaining disallowance under Section 10B

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

ITA 1474/BANG/2014[2010-11]Status: DisposedITAT Bangalore20 Jan 2016AY 2010-11

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

For Appellant: Shri C. Ramesh, CAFor Respondent: Dr. P.K. Srihari, Addl. CIT(DR)
Section 10BSection 143(1)Section 143(3)

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

ITA 1332/BANG/2014[2009-10]Status: DisposedITAT Bangalore20 Jan 2016AY 2009-10

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

For Appellant: Shri C. Ramesh, CAFor Respondent: Dr. P.K. Srihari, Addl. CIT(DR)
Section 10BSection 143(1)Section 143(3)

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

ITA 1475/BANG/2014[2011-12]Status: DisposedITAT Bangalore20 Jan 2016AY 2011-12

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

For Appellant: Shri C. Ramesh, CAFor Respondent: Dr. P.K. Srihari, Addl. CIT(DR)
Section 10BSection 143(1)Section 143(3)

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

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

ITA 608/BANG/2014[2009-10]Status: DisposedITAT Bangalore20 Jan 2016AY 2009-10

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

For Appellant: Shri C. Ramesh, CAFor Respondent: Dr. P.K. Srihari, Addl. CIT(DR)
Section 10BSection 143(1)Section 143(3)

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

ITA 539/BANG/2014[2009-10]Status: DisposedITAT Bangalore20 Jan 2016AY 2009-10

Bench: Smt. Asha Vijayaraghavan & Shri Inturi Rama Rao

For Appellant: Shri C. Ramesh, CAFor Respondent: Dr. P.K. Srihari, Addl. CIT(DR)
Section 10BSection 143(1)Section 143(3)

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

MPHASIS LTD.,,BANGALORE vs. ACIT, BANGALORE

In the result the assessee's appeal is partly allowed and the

ITA 1104/BANG/2012[2005-06]Status: DisposedITAT Bangalore07 Jun 2017AY 2005-06

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Padamchand Khincha, C.AFor Respondent: Ms. Neera Malhotra, CIT (DR) (ITAT)-2, Bengaluru
Section 92CSection 92C(3)

2). REDUCTION IN DEDUCTION UNDER SECTION 10B OF THE ACT IN RESPECT OF EXPENDITURE INCURRED IN FOREIGN CURRENCY 12. In the facts and in the circumstances ofthe case, the learned CIT(A) has erred in reducing the foreign currency expenses from both the export turnover and the total turnover of units while computing the deduction under section 10B