DCIT, BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

TEJAS NETWORKS LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

M/S. TEJAS NETWORKS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, BENGALURU

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

ASST.C.I.T., BANGALORE vs. M/S TEJAS NETWORKS LIMITED, BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

M/S TEJATS NETWORKS LIMITED ,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL , BANGALORE

In the result, the appeals filed by the revenue in IT(TP)A No

Bench: Shri Chandra Poojari & Shri George George K.It(Tp)A Nos.296/Bang/2015 Assessment Year: 2010-11 M/S. Tejas Networks Ltd. Plot No.25, 5Th Floor Jp Software Park Acit, Circle-1, Ltu Vs. Electronic City, Phase I Bangalore Bangalore 560 100

244A of the Act is consequential in nature. 14. Interest under section 234D 14.1. The learned AO erred in levying interest under section 234D of the Act. The levy of interest under sections 234D of the Act is consequential in nature. 15. Penalty proceedings under section 271(1)(c) of the Act 15.1. The learned AO erred

M/S. NSL SUGARS LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME - TAX, CIRCLE - 5(1)(1), BANGALORE

In the result appeal filed by revenue stands dismissed

Bench: Shri B.R.Baskaran & Smt.Beena Pillai, Judical Member

disallowance of expenditure u/s 14A of Rs.3,00,77,709/- which was added to the book profits by the learned Assessing Officer which is contravents the provisions of sec 115JB. Your Appellant also prays for the reduction of the interest under section 234C and grant of interest under section 244A

PRAXAIR INDIA PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

In the result, the appeal filed by the assessee stands allowed as indicated hereinabove

disallowances into the scope of adjustment of book profit is not permissible. 9. Short credit of tax deducted at source The learned AO erred in giving credit of tax deducted at source of INR 77,61,556 instead of INR 5,85,89,000 as claimed by the Appellant in Return of Income. 10. Consequential interest under section 244A

MASS FAB TECHNOLOGIES,BANGALORE vs. CIT(APPEALS), BANGALORE

In the result, both the appeals filed by different assessees are partly allowed for statistical purposes

Bench: Shri Chandra Poojariassessment Year: 2020-21

disallowance was warranted on the facts and circumstances of the case. 7. The amount of interest computed under section 244A

ITEK PACKZ,BANGALORE vs. INCOME TAX OFFICER, WARD-3(2)(4), BANGALORE

In the result, both the appeals filed by different assessees are partly allowed for statistical purposes

Bench: Shri Chandra Poojariassessment Year: 2020-21

disallowance was warranted on the facts and circumstances of the case. 7. The amount of interest computed under section 244A

M/S. ONMOBILE GLOBAL LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 5(1)(2), BENGALURU

In the result, both these appeals are partly allowed

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

Disallowance of TDS credit (Grounds 24 to 24.2) 7. Interest u/s. 234B (Grounds 25 to 25.2) 8. Non-grant of interest u/s. 244A (Grounds 26 to 26.2) 9. Penalty proceedings (Grounds 27 to 27.1) 3. The assessee has raised additional by way of ground No.28 with regard to deduction in respect of unclaimed Foreign Tax Credit

M/S ONMOBILE GLOBAL LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(2), BANGALORE

In the result, both these appeals are partly allowed

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

Disallowance of TDS credit (Grounds 24 to 24.2) 7. Interest u/s. 234B (Grounds 25 to 25.2) 8. Non-grant of interest u/s. 244A (Grounds 26 to 26.2) 9. Penalty proceedings (Grounds 27 to 27.1) 3. The assessee has raised additional by way of ground No.28 with regard to deduction in respect of unclaimed Foreign Tax Credit

SOLUTIONS INFINI TECHNOLOGIES (INDIA) PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 6(1)(1), BANGALORE

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

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Year: 2023-24

disallowance under Section 40 or Section 43B of the Act. We are conscious of the fact that a tax audit report could be amended strictly only as per the method recommended in Statement on Auditing Standards - SA-560 on 'Subsequent Events', there is no bar on the Tribunal to decide on an issue based on the revised tax audit report

MR.MOHD RAFIQ,GULBARGA vs. INCOME TAX OFFICER WARD-2, GULBARGA

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

Bench: Shri N. V. Vasudevan & Shri A. K. Garodiaassessment Year : 2010-11 Mr. Mohd. Rafiq, Income Tax Officer, Pro: Karnataka Transport Co. Ward - 2 & Acc Contractor, Near Irani Vs. Gulbarga. Building, Accc Main Road, At/Post Wadi, Tq. Chittapur, Dist. Gulbarga – 585 225. Pan : Adspr 0153 Q Appellant Respondent Assessee By : Shri. Pranav Krishna, Advocate Revenue By : Shri. Manjeet Singh, Addl. Cit (Dr)(Itat), Bengaluru Date Of Hearing : 10.02.2020 Date Of Pronouncement : 20.02.2020 O R D E R

section 244A is taxable in the present year. Hence, this ground is also rejected. 10. As per ground 13, the dispute is regarding disallowance

M/S. INFOSYS BPO LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(1), BANGALORE

In the result, the appeal is allowed in favour of the assessee

Bench: Shri N V Vasudevan & Shri Padmavathy S

244A of the Act for interest in an appeal made under section 248 of the Act. 10. Aggrieved, the assessee is in appeal before the Tribunal. The assessee had raised grounds (Ground No.3) with regard to tax deducted at higher rate under section 206AA was not applicable. Since the CIT(A) has already allowed this issue in favour

DCIT, BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

disallow depreciation on such capitalized amount as the aforesaid provision does not deal with deduction of depreciation. Having considered arguments from both the sides, we are of the view that there is no error in the order of the learned CIT(A) which requires correction from us. Thus, this ground is also dismissed." Following the decision rendered by the coordinate

ASST.C.I.T., BANGALORE vs. M/S WIPRO LTD.,, BANGALORE

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

disallow depreciation on such capitalized amount as the aforesaid provision does not deal with deduction of depreciation. Having considered arguments from both the sides, we are of the view that there is no error in the order of the learned CIT(A) which requires correction from us. Thus, this ground is also dismissed." Following the decision rendered by the coordinate

DCIT, BANGALORE vs. M/S NTT DATA GLOBAL DELIVERY SERVICES PVT. LTD.,, BANGALORE

In the result appeal filed by assessee stands withdrawn as indicated hereinabove and appeal filed by revenue stands dismissed

Bench: Shri. A.K. Garodia & Smt. Beena Pillaiit(Tp)A No.653/Bang/2016 Assessment Year : 2011 – 12

disallowed twice and hence is not as in accordance with the principles of natural justice. Page 5 of 9 IT(TP)A No.584 & 653/Bang/2016 (IV) Other grounds 16. The learned AO has erred in law and facts, in not granting deduction eligible under Chapter VI-A of the Act of INR 360,733 as claimed by the Appellant

M/S. NIKE INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(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 It(Tp)A No.203/Bang/2021 : Asst.Year 2016-2017 M/S.Nike India Private Limited The Deputy Commissioner Of Ground & First Floor, Olympia Income-Tax, Circle 3(1)(1) V. Bangalore. Building, No.66/1, Begmane Tech Park, C.V.Raman Nagar Bangalore – 560 093. Pan : Aabcn9612K. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Bijoy Kumar Panda, Cit-Dr Date Of Pronouncement : 24.08.2022 Date Of Hearing : 23.08.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 27.03.2021 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2016-2017. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Wholesale Distributor Of Nike Brand Products In India. For The Assessment Year 2016-2017, The Return Of Income Was Filed On 30.11.2016 Declaring Total Loss Of Rs.164,42,63,191. The Assessment Was Selected For Scrutiny & Notice U/S 143(2) Of The I.T.Act Was Served. During The Course Of Assessment Proceedings, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The 2 It(Tp)A No.203/Bang/2021. M/S.Nike India Private Limited. Arm’S Length Price (Alp) Of The International Transaction Undertaken By The Assessee With Its Associate Enterprises (Aes). The Tpo Vide Order Dated 31.10.2019, Passed U/S 92Ca Of The I.T.Act, Proposed The Tp Adjustment Totaling To Rs.63,27,41,494 Under Various Segments. The Details Of The Same Are As Follows:- Segment Adjustment (Rs.) Issue Of Sourcing Commission 30,57,35,722 Reimbursement Of Expenses 17,77,95,683 Third Party Royalty 2,00,08,967 Amp Expenses 12,92,01,122 Total 63,27,41,494

disallowing expense on account of "Retail fixtures for stores" under section 37 of the Act contending that the same is capital and not revenue in nature. 8 IT(TP)A No.203/Bang/2021. M/s.Nike India Private Limited. 11. The learned AO/ Hon'ble DRP ought to have appreciated the fact that these are product marketing materials provided to franchise/ retail stores with