M/S TATA POWER SOLAR SYSTEMS LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri George George K. & Ms. Padmavathy S

disallowance. The assessee raised one additional ground contending the TP adjustment on the legal ground that the final assessment order is not in accordance with the DRP directions as per the provisions of section 144C(10) r.w.s. 144C(13) and hence liable to be quashed. 6. During the course of hearing, the ld. AR submitted that if the TP adjustment

M/S TYCO ELECTRONICS SYSTEMS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, the appeal being IT(TP)A No

Bench: Shri N.V.Vasudevan & Shri A.K.Garodia

1o. That the learned Assessing Officer erred in disallowing expenses accrued towards repairs and maintenance of Rs 101,200, product testing fees of Rs 200,000 and foreign travel expenses of Rs453,359 on the ground that they are unknown liabilities recognized on a provisional basis. 11. (a) That the learned Assessing Officer erred in stating that the Company

SRI SUBODH AGARWAL,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE

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

Bench: Shri Sunil Kumar Yadav & Shri Jason P. Boazassessment Year : 2008-09 Sri Subodh Agarwal, Vs. Asst. Commissioner Of Income Tax, M/S. Chirag Industries, Circle-6(1), Plot No.M-5, V Cross, Bangalore. 1St Stage, Peenya Industrial Estate, Bangalore - 560032. Pan : Aikpa9350R Appellant Respondent Assessee By : Shri. Mallaha Rao, Advocate Revenue By : Shri. P. V. Pradeep Kumar, Acit Date Of Hearing : 21.02.2018 Date Of Pronouncement : 28.02.2018

Section 40(a)(ia) without appreciating that the transactions for which such brokerage was paid was not in the nature of business and hence the disallowance as upheld by the CIT (A) was not in accordance with law. 6. The learned CIT (A) erred in upholding the view of the AO that the gift of Rs. 1O

M/S I2 TECHNOLGOIES SOFTWARE PVT LTD,BANGALORE vs. COMMISSIONER OF INCOME TAX (APPEALS)IV, BANGALORE

In the result, the appeal of the revenue is partly allowed for statistical

Bench: Shri A. K. Garodia & Shri Laliet Kumar

1O A of the I.T. Act as the decision of the High Court is binding, without appreciating the fact that there is no provision in section 1OA that such expenses should be reduced from the total turnover also, as clause (iv) of the explanation to section 1OA provides that such expenses are to be reduced only from the export turnover

M/S.WATERLINE HOTELS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result ITA No. 1689/Bang/2016 is allowed

disallowing the claim of the Assessee for deduction of a sum of Rs.8,84,829 towards depreciation. The AO added a sum of Rs. 8,84,829/- being depreciation claimed on capitalisation of Rs. 88,48,290/- being pre-commencement rent and other expenditure incurred under various heads which were capitalized to the building as the same is incurred before

AL- AMEEN CHARITABLE FUND TRUST,BANGALORE vs. DY.D.I.T., BANGALORE

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

Bench: Shri Vijay Pal Rao & Shri G.Manjunathaal-Ameen Charitable Fund Trust, No.3, Miller Tank Road, Cunningham Road, Bangalore-560052. … Appellant Pan: Aaata 2729E Vs. Deputy Director Of Income-Tax(Exemptions), Circle 17(1), Bangalore. … Respondent

1O(23C) 2) The learned CIT(A) having noticed that the Appellant - Trust has been granted exemption u/s 1 0(23C)(vi) vide order dated 22.6.2009 for the period 2005-06 onwards, ought to have held the Trust is even otherwise eligible for exemption. The CIT(A) ought to have appreciated the spirit of the exemption given to the appellant