M/S. UNITED BREWERIES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7(1)(1), BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 2,54,85,000 25,48,500 14A of the Act Disallowance of sponsorship 703,22,73,164 7,03,22,731 expenses

UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 7, BANGALORE

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 2,54,85,000 25,48,500 14A of the Act Disallowance of sponsorship 703,22,73,164 7,03,22,731 expenses

M/S SASKEN TECHNOLOGIES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(1)(1), BANGALORE

Accordingly this ground raised by assessee stands allowed

Bench: Shri Br Baskaran & Smt. Beena Pillai

disallowance under section 14A amounting to Rs.15,93,573/- by invoking rule 8D(2)(iii) of the Income Tax Rules, 1962 without demonstrating as to how the claim of the Appellant regarding attribution of expenses relatable to income not chargeable to tax is incorrect. General Grounds Of Objection:- 1. The lover authorities have erred in: a Not giving credit

RAAJRATNA ENERGY HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

section 56(2)(viib) of the\nAct for the Assessment Year 2017-18. Further for the Assessment Year 2018-\n19, AO has disallowed short term capital loss of Rs.5,10,000/- as per his Order\nat para No.5 on sale of investment in Venu Hydro Powers Ltd., and observed\nthat the assessee has claimed excess long term capital loss

INCOME TAX OFFICER WARD-1(2)(1), BANGALORE vs. M/S TRUE NORTH FUND IIIA , BANGALORE

In the result, the appeal of the revenue is dismissed and the cross objection of the assessee is treated as allowed

Bench: Shri B.R Baskaran & Smt. Beena Pillaiassessment Year : 2015-16

disallowed by the AO. 5. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in not considering the fact that the assessee did not sell the unlisted shares of VCU to claim exemption 10(23FB) of the Act. 6. On the facts and in the circumstances of the case

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

disallowance under section 40A(3) shall not be made and no payment shall be deemed to be the profits and gains of business or profession. The learned CIT(A)-2, Panaji has grossly overlooked the following 5. decisions, which are squarely applicable to appellant's case. 1. M.K. Agrotech Private Limited Vs. ACIT (109 Taxmann.com

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

disallowance under section 40A(3) shall not be made and no payment shall be deemed to be the profits and gains of business or profession. The learned CIT(A)-2, Panaji has grossly overlooked the following 5. decisions, which are squarely applicable to appellant's case. 1. M.K. Agrotech Private Limited Vs. ACIT (109 Taxmann.com

M/S. ACE DEVELOPERS,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU

In the result, the all the appeals of the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

disallowance under section 40A(3) shall not be made and no payment shall be deemed to be the profits and gains of business or profession. The learned CIT(A)-2, Panaji has grossly overlooked the following 5. decisions, which are squarely applicable to appellant's case. 1. M.K. Agrotech Private Limited Vs. ACIT (109 Taxmann.com

RAAJRATNA ENERGY HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

Accordingly, this\nground is allowed for statistical purposes

section 10(33) is to be allowed, and pro\nrata expenses on account of interest relatable to\nborrowings for investment inshares is to be disallowed\nagainst taxable business income”\nHence, as per the above decision, if the investment was made\nout of borrowed funds, proportionate interest expenditure is to be\ndisallowed. We humbly submit that this decision is not applicable

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2, LTU, BENGALURU vs. M/S. ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 10A of the Act, where the phrase “export of articles or things or computer software” is used meaning thereby the computer software is different from article or things. The AO concluded that computer software is distinct from an article or thing, and additional depreciation is allowable only on plant and machinery installed by an assessee engaged in the manufacture

ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED,BENGALURU vs. THE JOINT COMMISSIONER OF INCOME TAX, LARGE TAX PAYERS UNIT, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 10A of the Act, where the phrase “export of articles or things or computer software” is used meaning thereby the computer software is different from article or things. The AO concluded that computer software is distinct from an article or thing, and additional depreciation is allowable only on plant and machinery installed by an assessee engaged in the manufacture

INDUS VALLEY PROPERTIES PRIVATE LIMITED,KABRA EXCELCIOR vs. INCOME TAX OFFICER WARD 3(1)(4) BANGALORE, BANGALORE,

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

Bench: Shri Prashant Maharishiassessment Year : 2017-18

section 14A of the Act does not apply. The ld. CIT(A) ignored the above submission and after recomputation, confirmed the disallowance of Rs.17,70,833. The assessee is in appeal before us on the same issue. 8. The ld. AR reiterated the submissions made before the lower authorities that assessee has not earned any exempt income during the year

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

disallowable under the said provision on account of contravention. The only instances, without prejudice to ITA No.948 to 950/Bang/2023 Page 16 of 23 the contention that there is no contravention of the provisions of Section 40A(3)in respect of such instances too, observed by the Learned Assessing Officer to contend that there is a payment in excess

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

disallowable under the said provision on account of contravention. The only instances, without prejudice to ITA No.948 to 950/Bang/2023 Page 16 of 23 the contention that there is no contravention of the provisions of Section 40A(3)in respect of such instances too, observed by the Learned Assessing Officer to contend that there is a payment in excess

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

disallowable under the said provision on account of contravention. The only instances, without prejudice to ITA No.948 to 950/Bang/2023 Page 16 of 23 the contention that there is no contravention of the provisions of Section 40A(3)in respect of such instances too, observed by the Learned Assessing Officer to contend that there is a payment in excess

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

164(2) applies to the whole or a part of the relevant income of a charitable or religious trust which forfeits exemption by virtue of the provisions of the IT Act in regard to investment pattern or use of the trust property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that

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

164(2) applies to the whole or a part of the relevant income of a charitable or religious trust which forfeits exemption by virtue of the provisions of the IT Act in regard to investment pattern or use of the trust property for the benefit of the settlor, etc., contained in section 13(1)(c) and (d) of that

EIT SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), BANGALORE

In the result, the appeal filed by assessee stands allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 258/Bang/2022 Assessment Year : 2017-18 M/S. Eit Services India Pvt. Ltd., The Deputy #39/40, Digital Park, Commissioner Of Electronic City Phase Income Tax, Ii, Circle – 2(1)(1), Hosur Road, Vs. Bangalore. Bangalore – 560 100. Pan: Aaacd4078L Appellant Respondent Assessee By : Shri Padam Chand Khincha, Ca Revenue By : Shri Praveen Karanth, Cit-Dr Date Of Hearing : 01-11-2022 Date Of Pronouncement : 04-01-2023 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 14/02/2022 Passed By Nfac, Delhi For A.Y. 2017-18 On Following Grounds Of Appeal: “1. General Ground 1.1. The Orders Passed By Learned Additional / Joint / Deputy / Assistant Commissioner Of Income Tax/ Income- Tax Officer, National E-Assessment Centre, Delhi (Hereinafter Referred As "Ao" For Brevity), Learned Deputy Commissioner Of Income Tax (Tp) — 1(2)(1), Bangalore (Hereinafter Referred As "Tpo" For Brevity) & The Learned Dispute Resolution Panel - 1, Bengaluru (Hereinafter Referred As "Drp" For Brevity) ("Ao", "Tpo" & "Drp"

disallowance of education cess 4.1. The learned AO/DRP have erred in not allowing deduction for education cess and secondary and higher education cess amounting to Rs.10,33,98,059 in computing the total income for the year under consideration. 5. Ground relating to grant of refund of excess dividend distribution tax (DDT) paid 5.1. The learned AO/DRP have erred

BOSCH GLOBAL SOFTWARE TECHNOLOGIES PRIVATE LIMITED ,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2016-17

164. In the said case, the coordinate bench of this tribunal held activity of assessee being development of computer software cannot be held as manufacturing activity, therefore additional depreciation under section 32(1)(iia) of the Act cannot be allowed on the block of assets being computer and software. In this context, we find that the facts involved