M/S KANYAKAPARAMESHWARI CO-OPERATIVE BANK LIMITED ,MYSORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), MYSORE

In the result, the assessee’s appeal for Assessment Year 2012-13 is partly allowed

Bench: Shri N. V. Vasudevan & Shri Jason P. Boazassessment Year : 2012-13 M/S. Kanyakaparameshwari Vs. The Assistant Commissioner Of Co-Operative Bank Limited, Income-Tax, K. R. Circle, Circle – 1[1], Mysuru – 570 001. Mysuru. Pan : Aacas 1220 M Appellant Respondent

iii) Interest received in earlier year excluded 2.2 Aggrieved by the order of assessment dated 25.03.2015 for Assessment Year 2012-13, the assessee filed an appeal before the CIT(A), Mysuru raising various grounds / additional grounds. The CIT(A) dismissed the assessee’s appeal vide order dated 28.02.2018. 3.1 The assessee, being aggrieved by the order

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

M/S KARNATAKA EMTA COAL MINES LIMITED ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

section 35E(3)(iii) wherein it is specified that, this allowance is not claimable in respect of items of a capital nature, on which depreciation is allowable u/s 32 of the Act. It is seen that the items included by the AO (as extracted in the AO’s order) are in the nature of depreciable items. The assessee

INFOSYS LTD.,,BANGALORE vs. ADDL.C.I.T, BANGALORE

In the result, Revenue’s appeal for A

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

III (D.R) Date of Hearing : 23.08.2017. Date of Pronouncement : 10.11.2017. O R D E R Per Shri Jason P Boaz, A.M. : These are cross appeals, by the assessee and Revenue, directed against the order of the Commissioner of Income Tax (Appeals)-I, Bangalore dt.16.11.2012 for Assessment Year 2005-06. 2 IT(TP)A Nos.102 & 233/Bang/2013 Infosys Limited 2. Briefly stated

INCOME TAX OFFICER, BANGALORE vs. M/S.DELL INDIA PVT.LTD.,, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

194A of the Act would not empower the authorities to invoke the provisions of section 201(1) and 201(1A) of the Act ignoring the words 'any income by way of interest. Respectfully following the above order, we hold that the assessee- company is not liable to deduct tax at source as no income has accrued in. the hands

DELL INDIA P LTD,BANGALORE vs. INCOME TAX OFFICER(TDS), LTU, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

194A of the Act would not empower the authorities to invoke the provisions of section 201(1) and 201(1A) of the Act ignoring the words 'any income by way of interest. Respectfully following the above order, we hold that the assessee- company is not liable to deduct tax at source as no income has accrued in. the hands

DELL INTERNATIONAL SERVICES INDIA PVT. LTD.,,BANGALORE vs. ITO, BANGALORE

In the result the appeals filed by assessee and revenue for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

194A of the Act would not empower the authorities to invoke the provisions of section 201(1) and 201(1A) of the Act ignoring the words 'any income by way of interest. Respectfully following the above order, we hold that the assessee- company is not liable to deduct tax at source as no income has accrued in. the hands

DCIT, BANGALORE vs. M/S BIOCON RESEARCH LTD.,, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

iii) of sub-section (4) of section 10AA of the Act which provides that the SEZ units should not be formed by splitting up or reconstruction of the existing business or should not be formed by transfer to a new business of Plant & Machinery previously used for any purpose. 16. In rebuttal, the assessee-company had made submission that platform

BIOCON RESEARCH LIMITED,BANGALORE vs. CIT(A) I, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

iii) of sub-section (4) of section 10AA of the Act which provides that the SEZ units should not be formed by splitting up or reconstruction of the existing business or should not be formed by transfer to a new business of Plant & Machinery previously used for any purpose. 16. In rebuttal, the assessee-company had made submission that platform

BIOCON RESEARCH LIMITED,BANGALORE vs. CIT(A) I, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

iii) of sub-section (4) of section 10AA of the Act which provides that the SEZ units should not be formed by splitting up or reconstruction of the existing business or should not be formed by transfer to a new business of Plant & Machinery previously used for any purpose. 16. In rebuttal, the assessee-company had made submission that platform

DCIT, BANGALORE vs. M/S BIOCON RESEARCH LTD.,, BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

iii) of sub-section (4) of section 10AA of the Act which provides that the SEZ units should not be formed by splitting up or reconstruction of the existing business or should not be formed by transfer to a new business of Plant & Machinery previously used for any purpose. 16. In rebuttal, the assessee-company had made submission that platform

ACIT, HUBLI vs. KARNATAKA VIKAS GRAMEEN BANK, DHARWAD

In the result, the appeal by the assessee is treated as partly allowed for statistical purpose

Bench: Shri N.V Vasudevan & Shri Jason P Boaz

III to section 194C; (v) "rent" shall have the same meaning as in clause (i) to the Explanation to section 194-I; (vi ) "royalty" shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9;” 35. Under Section 194A of the Act which is a section appearing in Part XVIIB

UNITED BREWERIES LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-7(1)(1), BENGALURU

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

III:- In the subsequent year, the assessee receives bill for Rs.750/- only, meaning thereby, the provision created was in excess by Rs.250/-. When the payment is made, the Provision for expenses account shall be debited with Rs.750/-, which will leave a credit balance of Rs.250/- in the Provision for Expenses account. This remaining credit balance will be transferred

BSR INFRATECH INDIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

III. The change BSR Infratech India Ltd., Bangalore Page 15 of 38 in recognising the contract revenue by excluding retention money wherein it was included in previous years will not amount to a change in accounting policy since the recognition of Retention money is not a change in principle. In the light of the above Ld. A.R. requested to consider

ASSISTANT COMMISSIONER OF INCOME-TAX, HUBLI vs. M/S. KARNATAKA VIKAS GRAMEEN BANK, DHARWAD

In the result the appeal is Partly allowed

Bench: Shri N.V. Vasudevan & Shri B R Baskaran

III to section 194C; (v) "rent" shall have the same meaning as in clause (i) to the Explanation to section 194-I; (vi ) "royalty" shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9;” 11. Under Section 194A of the Act which is a section appearing in Part XVIIB