ASSISTANT COMMISSIONER OF INCOME TAX, BENGALURU vs. CMR JNANADHARA TRUST, BENGALURU

In the result, the appeal filed by the revenue is hereby dismissed

Bench: Shri George George K & Shri Waseem Ahmed

disallowance warranted. According to the AO, the profit margins of the company, whose gross receipts is predominantly from the related enterprises only, before payment of salaries to specified persons u's. 13(3) and after payment of the same are in the order of 1763% and 1257% respectively, and this as per AO is not at arm's length

ASSISTANT COMMISSIONER OF INCOME TAX, BENGALURU vs. CMR JNANADHARA TRUST, BENGALURU

In the result, the appeal filed by the revenue is hereby dismissed

Bench: Shri George George K & Shri Waseem Ahmed

disallowance warranted. According to the AO, the profit margins of the company, whose gross receipts is predominantly from the related enterprises only, before payment of salaries to specified persons u's. 13(3) and after payment of the same are in the order of 1763% and 1257% respectively, and this as per AO is not at arm's length

KOME KORAVADI VIVIDODDESHA SAHAKARI SANGHA NIYAMITHA,UDUPI vs. INCOME TAX OFFICER, WARD-1, UDUPI

disallowed, the deduction under section 80P(2)(a)(i)\nof the Act shall be provided on the enhanced profit. The assessee in\nsupport of its claim relied on judgment of the Hon'ble Delhi High Court in\nthe case of DCIT vs. Tata Power Delhi Distributor Ltd. 176 TR(A) 200.\nPage 3 of 13

ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE-1, BENGALURU vs. K J FOUNDATION, BENGALURU

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K.Assistant Commissionerof K.J. Foundation Income Tax 58/1 Thubarahalli Room No. 606, 6Th Floor Behind Sriram, Samruthi Vs. Unity Bldg. Annex Apartments, Whitefield Road P. Kalinga Rao Road Karnataka 500067 Karnataka 560027 Pan – Aabtk1178N (Appellant) (Respondent) Assessee By: Shri Satish R. Mody, Advocate Revenue By: Shri Vilas V. Shinde, Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 19.06.2024 O R D E R Per: Soundararajan K., J.M. This Is An Appeal Filed By The Revenue Against The Order Passed By The National Faceless Appeal Centre, Delhi (‘Cit(A)’) Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of The Assessment Year (Ay) 2017-18. 2. The Revenue Has Raised The Following Grounds Of Appeal: - “1 The Order Of Learned Cit(A) Is Opposed To Facts & Circumstances Of The Case 2 The Cit(A) Has Erred In Observing That During The F.Y 2016- 17, The Assessee Had Paid Lease Rent Of Rs.9,58,28,710/-Only To Eduspark International Pvt. Ltd. Which Was A Specified Person U/S.13(3) Of The Income Tax Act, 1961 & That Such Payment

disallowed the entire amount spent towards charitable purposes and subjected the entire income to tax. The said order was challenged before the CIT(A) on the ground that the application of provisions 13(2)(c) and 13(2)(g)) of the Act to deny the deduction is not correct since there is no payment of any remuneration to the trustee

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

section 132A. 50.3 Applicability-These\namendments will take effect from the 1st day of June, 2007.\"\n\n6.2 From the perusal of the section 153D of the Act read with the CBDT\nCircular No. 3 of 2008, dated 12-3-2008, the legislative intent can be gathered\nso far as that the legislature in its highest wisdom made it compulsory

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

13 of the\nappeal are general in nature and do not require any separate\nadjudication. Hence, we dismiss the same.\n4. The issue raised by the assessee through Ground No. 2 of the\nappeal is that the assessment order was passed beyond the statutory\ntime limit prescribed under section 153B of the Act. Hence, the\nassessment order is void

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

13. Without prejudice to the above, even if the\nimpugned disallowance was taken to be under Section\n40A(3), the same

M/S. AMRUT DISTILLERIES PRIVATE LIMITED ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

disallowance was proposed under Sec.40A(3) / Sec.40(a)(ia) relating to payments towards transportation charges exceeding the limits specified u/s. 40A(3), was not incriminating material unearthed during the search proceedings and consequently no assessment u/s. 153A could be sustained on the basis of such material. 7. Ignoring pleas of the appellant, the Learned Assessing Officer has proceeded to make

M/S. AMRUT DISTILLERIES PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

disallowance was proposed under Sec.40A(3) / Sec.40(a)(ia) relating to payments towards transportation charges exceeding the limits specified u/s. 40A(3), was not incriminating material unearthed during the search proceedings and consequently no assessment u/s. 153A could be sustained on the basis of such material. 7. Ignoring pleas of the appellant, the Learned Assessing Officer has proceeded to make

M/S. AMRUT DISTILLERIES PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(1), BANGALORE

In the result, appeals filed by the assessee are treated as allowed for statistical purposes

Bench: Shri. Laxmi Prasad Sahuandshri. Soundararajan K

disallowance was proposed under Sec.40A(3) / Sec.40(a)(ia) relating to payments towards transportation charges exceeding the limits specified u/s. 40A(3), was not incriminating material unearthed during the search proceedings and consequently no assessment u/s. 153A could be sustained on the basis of such material. 7. Ignoring pleas of the appellant, the Learned Assessing Officer has proceeded to make

R. SRINIVAS RAJU,BANGALORE vs. ACIT, BANGALORE

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

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

3) of the Act then for making a disallowance of the said amount under Section 37(1) of the Act a detailed and proper enquiry is required to be conducted. Accordingly, we are of the view that this issue requires a proper enquiry and consequently set aside to the record of the 13

BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), , BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

3. time of hearing, the appellant prays that the order passed by the learned CIT(A) to the extent prejudicial to the appellant be quashed or in the alternative the aforesaid grounds be allowed. 4. Disallowance under section 14A of the Act r.w.r. 8D(2)(ii) of Rules – only for Assessment Year 2008-09 and under Rule

M/S BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

3. time of hearing, the appellant prays that the order passed by the learned CIT(A) to the extent prejudicial to the appellant be quashed or in the alternative the aforesaid grounds be allowed. 4. Disallowance under section 14A of the Act r.w.r. 8D(2)(ii) of Rules – only for Assessment Year 2008-09 and under Rule

BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

3. time of hearing, the appellant prays that the order passed by the learned CIT(A) to the extent prejudicial to the appellant be quashed or in the alternative the aforesaid grounds be allowed. 4. Disallowance under section 14A of the Act r.w.r. 8D(2)(ii) of Rules – only for Assessment Year 2008-09 and under Rule

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

13. On facts and in the circumstances of the case and law applicable, the impugned computation of disallowance and the net addition is liable to be deleted in entirety. Grounds on protective disallowance under section 40/ 40(a)(i) in respect of subscription charges paid / payable to M/s Forester Research and M/s Gartner 14. The learned assessing officer has erred

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, EXEMPTIONS, CIRCLE-1, , BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

13(8).\n4.2 The learned AO and CIT(A) erred in not appreciating\nthat Explanation 3 to section 11(1) only applies sections\n40(a)(ia), 40A(3)/(3A) in computing application of income\nfrom AY 2019-20 onwards. Hence, section 43B does not\napply.\n4.3 Without prejudice, the learned CIT(A) erred in\nconfirming the addition / disallowance

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE-1, UNITY BUILDING ANNEX vs. MYMUL RAITHA KALYANA TRUST, SIDDARATHANAGAR

In the result, the appeal of the Revenue in ITA\nNo

13(3)", "Section 12AA", "Section 80G", "Section 234B", "Rule 46A" ], "issues": "Whether the assessee's activities constitute charitable purposes under Section 2(15) and are eligible for exemption under Section 11. Whether the expenditure on mementoes is to be disallowed

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, EXEMPTIONS, CIRCLE-1, BANGALORE

In the result, the grounds raised by the assessee in both the appeals\nare allowed except the limitation ground

disallowances made by the AO were deleted, and the assessee's claim for exemption under Section 11 was upheld.", "result": "Allowed", "sections": [ "Section 11", "Section 13(8)", "Section 2(15)", "Section 43B", "Section 234A", "Section 234B", "Section 143(3