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

3) has to be quashed, thus ordered accordingly. The\nground raised by the Assessee is accordingly allowed\".\n14. In this appeal, we are required to examine whether any substantial\nquestion of law arises for our consideration.\n15. Having regard to the findings returned by the Tribunal, which are\nfindings of fact, in our view, no substantial question of law arises

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED ,MANGALURU vs. ASSISTANT COMMISIONER OF INCOME TAX, CIRCLE - 2(1) , MANGALURU

Bench: Shri Laxmi Prasad Sahu\Nand\Nshri Soundararajan K.\Nita Nos.642 To 645/Bang/2024\N Assessment Years : 2017-18 To\N2020-21\Nm/S. Bharat Beedi Works\Nprivate Limited,\Ngolden Jubilee Building,\Nbharath Bagh,\Nkadri Road,\Nmangaluru – 575 002.\Npan: Aaacb9001B\Nappellant\Nassessee By\Nrevenue By\N: Shri Chythanya .K, Sr.\Nadvocate\N: Shri E. Shridhar, Cit-Dr\Ndate Of Hearing\Ndate Of Pronouncement\Norder\Nper Bench\Nthese Are The Appeals Filed By The Assessee Challenging The Orders Of\Nthe Ld.Cit(A) -2, Panaji Dated 30/01/2024 In Respect Of The A.Ys.2017-18,\N2018-19, 2019-20 & 2020-21. The Grounds Raised By The Assessee For\Neach Of The Assessment Years Are Extracted Hereunder For The Sack Of\Nconvenience.\Npage 2 Of 74\Nita Nos.642 To 645/Bang/2024\N Assessment Year 2017-18:\N“1. The Impugned Orders Of The Lower Authorities Are Not\Njustified In Law & On The Facts & Circumstances Of The\Ncase.\N2. The Impugned Assessment Proceedings & The\Nimpugned Assessment Order Under Section 143(3) Dated\N29.11.2021 Are Bad & Non-Est Since The Notice Under\Nsection 143(2) Dated 13.08.2018 Was Issued Without\Naffixing Any Signature Either Manually Or Digitally.\N3. Without Prejudice To The Above, Impugned Assessment\Nproceedings & The Impugned Assessment Order Under\Nsection 143(3) Dated 29.11.2021 Are Bad & Non-Est\Nbeing Based On The Notice Under Section 143(2) Dated\N13.08.2018 Which Is Vague, Without Of Application Of Mind\Nand Contrary To Section 143(2) & Applicable Board\Ncirculars & Instructions.\N4. As Regards Disallowance Under Section 14A U/S Rule\N8D(2)(Ii):\N4.

disallowance under Section 14A can be made\ntowards the interest expenditure where the Appellant's\ninterest-free funds exceed its interest-free investments.\nFor the above Grounds and for such other Grounds which\nmay be allowed by the Honourable Members to be urged\nat the time of hearing, it is prayed that the aforesaid\nappeal be allowed.”\n Assessment Year

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

In the result, all the appeals filed by the assessee are allowed

disallowance under Section 14A can be made\ntowards the interest expenditure where the Appellant's\ninterest-free funds exceed its interest-free investments.\n\nFor the above Grounds and for such other Grounds which\nmay be allowed by the Honourable Members to be urged\nat the time of hearing, it is prayed that the aforesaid\nappeal be allowed.\"\n\nPage

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

3 of 74\nITA Nos. 642 to 645/Bang/2024\n4.5. The Learned AO was not justified in making any\ndisallowance under Section_14A_r/w Rule 8D(2)(ii) on the\nwrong notion that the disallowance is presumptive in\nnature even when the expenditure is not actually incurred.\n4.6. Without prejudice, the Lower Authorities were not\njustified in acting inconsistently

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

3,29,71,219 Total 8,02,96,882 Total amount to be disallowed 8,02,96,882 IT(TP)A No.735/Bang/2018 & M/s. Infosys Limited, Bangalore Page 8 of 85 Less: amount already disallowed in Return 37,16,131 Balance amount to be disallowed 7,65,80,751 4.9 In view of the above details, a sum of Rs.7

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

3,29,71,219 Total 8,02,96,882 Total amount to be disallowed 8,02,96,882 IT(TP)A No.735/Bang/2018 & M/s. Infosys Limited, Bangalore Page 8 of 85 Less: amount already disallowed in Return 37,16,131 Balance amount to be disallowed 7,65,80,751 4.9 In view of the above details, a sum of Rs.7

PURADAKOPPALU BATTEGOWDA KARIGOWDA,MANDYA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSURU

In the result, the appeals are allowed in favour of the assessee

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

disallowance of Rs.67,54,114/- under section 40A(3) of the Act. 2.2 The Ld CIT(A) and the Ld AO erred in making adjustment under section 40A of the Act to the income accepted and declared by the Assessee on the estimation made by the Ld AO during the search proceedings

PURADAKOPPALU BATTEGOWDA KARIGOWDA,MANDYA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSURU

In the result, the appeals are allowed in favour of the assessee

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

disallowance of Rs.67,54,114/- under section 40A(3) of the Act. 2.2 The Ld CIT(A) and the Ld AO erred in making adjustment under section 40A of the Act to the income accepted and declared by the Assessee on the estimation made by the Ld AO during the search proceedings

PURADAKOPPALU BATTEGOWDA KARIGOWDA,MANDYA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSURU

In the result, the appeals are allowed in favour of the assessee

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

disallowance of Rs.67,54,114/- under section 40A(3) of the Act. 2.2 The Ld CIT(A) and the Ld AO erred in making adjustment under section 40A of the Act to the income accepted and declared by the Assessee on the estimation made by the Ld AO during the search proceedings

PURADAKOPPALU BATTEGOWDA KARIGOWDA,MANDYA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MYSURU

In the result, the appeals are allowed in favour of the assessee

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S

disallowance of Rs.67,54,114/- under section 40A(3) of the Act. 2.2 The Ld CIT(A) and the Ld AO erred in making adjustment under section 40A of the Act to the income accepted and declared by the Assessee on the estimation made by the Ld AO during the search proceedings

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

131 DTR 332 (Pat)\nvi CIT V. Double Dot Finance Ltd (2013) 214 Taxman 47 (Mag)(Bom) &\nRahul Prakash V. ITO (2013) 217 Taxman 100 (All)\nvii CIT V. Mohmed Juned Dadani (2013) 214 Taxman 38 (Guj) (viii) CIT V.\nLiving Media India Ltd (2013) 359 ITR 106 (Del)\n8.4 As stated an order U/s.143(3

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

131 DTR 332 (Pat)\nvi CIT V. Double Dot Finance Ltd (2013) 214 Taxman 47 (Mag)(Bom) &\nRahul Prakash V. ITO (2013) 217 Taxman 100 (All)\nvii CIT V. Mohmed Juned Dadani (2013) 214 Taxman 38 (Guj) (viii) CIT V.\nLiving Media India Ltd (2013) 359 ITR 106 (Del)\n8.4 As stated an order U/s.143(3

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

disallowance made in the assessment order was denying exemption claimed u/s. 10A of the act on the ground that, the export turnover brought into India does not amount to 75 percent of the total turnover of the STP unit. It was submitted by the assessee that, it treated export credits of the bank account maintained

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

131 DTR 332 (Pat)\nvi CIT V. Double Dot Finance Ltd (2013) 214 Taxman 47 (Mag)(Bom) &\nRahul Prakash V. ITO (2013) 217 Taxman 100 (All)\nPage 11 of 26\nvii CIT V. Mohmed Juned Dadani (2013) 214 Taxman 38 (Guj) (viii) CIT V.\nLiving Media India Ltd (2013) 359 ITR 106 (Del)\n8.4 As stated an order U/s.143(3

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BANGALORE vs. COFFEE DAY GLOBAL LIMITED, BANGALORE

In the result, all the COs by assessee in CO\nNos

131 DTR 332 (Pat)\nvi CIT V. Double Dot Finance Ltd (2013) 214 Taxman 47 (Mag)(Bom) &\nRahul Prakash V. ITO (2013) 217 Taxman 100 (All)\nvii CIT V. Mohmed Juned Dadani (2013) 214 Taxman 38 (Guj) (viii) CIT V.\nLiving Media India Ltd (2013) 359 ITR 106 (Del)\n8.4 As stated an order U/s.143(3

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY ENTERPRISES LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

131 DTR 332 (Pat)\nvi CIT V. Double Dot Finance Ltd (2013) 214 Taxman 47 (Mag)(Bom) &\nRahul Prakash V. ITO (2013) 217 Taxman 100 (All)\nvii CIT V. Mohmed Juned Dadani (2013) 214 Taxman 38 (Guj) (viii) CIT V.\nLiving Media India Ltd (2013) 359 ITR 106 (Del)\n8.4 As stated an order U/s.143(3

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO\nNos

131 DTR 332 (Pat)\nvi CIT V. Double Dot Finance Ltd (2013) 214 Taxman 47 (Mag)(Bom) &\nRahul Prakash V. ITO (2013) 217 Taxman 100 (All)\nPage 11 of 26\nvii CIT V. Mohmed Juned Dadani (2013) 214 Taxman 38 (Guj) (viii) CIT V.\nLiving Media India Ltd (2013) 359 ITR 106 (Del)\n8.4 As stated an order U/s.143(3

DCIT, CENTRAL CIRCLE-1(3), BENGALURU, BENGALURU vs. COFFEE DAY GLOBAL LIMITED, BENGALURU

In the result, all the COs by assessee in CO

Bench: Shri Chandra Poojari & Smt. Beena Pillai

disallowance u/s 14A of the Act. 7. In the result, all the appeals of the revenue in ITA Nos.780 to 785/Bang/2024 are dismissed. ITA Nos.780 to 785/Bang/2024 & CO Nos.15 to 18/Bang/2024 M/s. Coffee Day Enterprises Ltd., Bangalore ITA Nos.786 to 791/Bang/2024 & CO Nos.19 to 23/Bang/2024 M/s. Coffee Day Global Limited, Bangalore Page 8 of 26 CO Nos.15 to 18/Bang/2024