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

disallowance as relatable to SEZ units. 47. Assuming without admitting that the payments made to Infosys Technologies (China) Co Ltd amounting to Rs.262,02,26,125 are liable for TDS u/s 195, as the demand raised under section 201(1)/(1A) in respect of the aforesaid payment has been fully paid in FY 2013-14, the said expenditure should

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

disallowance under section 40(a)(i) should be deleted in entirety. Levy of interest under section 234B :- The learned CIT(A) has erred

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

disallowance under section 40(a)(i) should be deleted in entirety. Levy of interest under section 234B :- The learned CIT(A) has erred

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

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

disallowance made u/s 14A, as was done in normal computation of income, ignoring the decisions relied upon by the assessee 11. The learned CIT(A) has erred in confirming the action of the AO in levying interest under section 234B

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU, BENGALURU vs. INFOSYS LIMITED, BENGALURU

In the result, appeal filed by the assessee is partly allowed and the appeal filed by the revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2019-20

disallowed the foreign tax credit related to incomes eligible for deduction under section 10AA for the reason that the decision of Karnataka High Court in the case of Wipro Ltd v DCIT 382 ITR 179 which has allowed the foreign tax credit related to incomes eligible for deduction under section 10AA has been challenged before the Hon’ble Supreme Court

M/S. HICAL INFRA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX (OSD), RANGE- 1, BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2016-17

disallowance under section 40(a)(ia) should be deleted in its entirety. 4.0 Grounds relating to levy of interest under section 234B

M/S. MOBILY INFOTECH INDIA PRIVATE LIMITED,BANGALORE vs. INCOME TAX OFFICER, WARD-4(1)(3), BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2016-17

disallowance under section 40(a)(ia) should be deleted in its entirety. 4.0 Grounds relating to levy of interest under section 234B

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

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

234B.\n8. Prayer\n8.1. In view of the above and other grounds to be adduced\nat the time of hearing, the appellant prays that the orders\npassed under section 250 of the Act by the learned CIT(A),\nNFAC to the extent prejudicial to the appellant be quashed\nor in the alternative the above grounds and the relief\nprayed thereunder

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE vs. M/S. GMR INFRASTRUCTURE LIMITED, BENGALURU

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

GMR HIGHWAYS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE- 3(1)(2), BANGALORE

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), BANGALORE vs. M/S GMR INFRASTRUCTURE LTD , BANGALORE

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BENGALURU vs. M/S. GMR INFRASTRUCTURE LIMITED, BENGALURU

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

GMR INFRASTRUCTURE LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

GMR INFRASTRUCTURE LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

GMR INFRASTRUCTURE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

GMR INFRASTRUCTURE LTD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B

GMR HIGHWAYS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 3(1)(2), BANGALORE

In the result, Ground no. 1 raised for A

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

Disallowance under section 14A in Book Profit 2012-13 6 & 7 2013-14 6 & 7 Amortization of Upfront Fees 5 and legal Fees paid as revenue 2010-11 9 expenditure 2010-11 5 4 6 Interest under section 234B