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

41. Having regard to the language of Section 14A(2) of the Act, read with Rule 8D of the Rules, we also make it clear that before applying the theory of apportionment, the AO needs to record satisfaction that having regard to the kind of the assessee, suo moto disallowance under Section 14A was not correct. It will

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, all the appeals filed by the assessee are allowed

disallowance. This is contrary to\nAppellant's own case in ITA 177/2019, the Hon'ble Jurisdictional\nHigh Court (para 15) {CLI 3 – Pg.1534 & 1535}.\n\n6. 4. AO has failed to appreciate that satisfaction contemplated in section\n14A(2) is an objective one and not a subjective one based on some\nvague assumptions\n\nCases\nMaxopp Investment

M/S. MUKKA PROTEINS LIMITED (FORMERLY KNOW AS MUKKA SEA FOOD INDUSTRIES LTD., ),MANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, , MANGALURU

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Keshav Dubey

disallowed, keeping into consideration the profit offered to tax by the assessee.” ITA Nos.431 to 435/Bang/2024 M/s. Mukka Proteins Limited, Mangaluru Page 24 of 73 3.14 He also relied on the judgement of Hon’ble Supreme Court in the case of PCIT Vs. Abhisara Buildwell Pvt. Ltd. in ITA No.454 ITR 212 wherein it was held that no addition

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

4. disallowance should be made under section 40(a)(i) in respect of the subscription charges paid / payable to M/s Forester Research and M/s Gartner respectively. Disallowance of software expenses of Rs. 1,45,000 for not making TDS:- The 5. learned CIT(A) has erred in confirming the action of the learned AO in disallowing software expenses

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

4. disallowance should be made under section 40(a)(i) in respect of the subscription charges paid / payable to M/s Forester Research and M/s Gartner respectively. Disallowance of software expenses of Rs. 1,45,000 for not making TDS:- The 5. learned CIT(A) has erred in confirming the action of the learned AO in disallowing software expenses

SREENIVASULU SAGALETI,BENGALURU vs. INCOME TAX OFFICER, WARD-2(2)(2), BENGALURU

In the result, appeal filed by the assessee is allowed

Bench: Shri. Laxmi Prasad Sahuandshri.Keshav Dubeyassessment Year :2018-19

disallowed and added back to the total income of the assessee. 5. Aggrieved from the above Order, assessee filed appeal before the learned CIT(A). The learned CIT(A) considered the submission of the assessee and relying on the judgment of jurisdictional Hon’ble High Court in the case of CIT Vs. Sambandam Udaykumar [(2012) 345 ITR 389 (Kar.) observed

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

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

Bench: Shri Waseem Ahmed\Nand\Nshri Keshav Dubey\N\N\Nita No. 881/Bang/2023\N Assessment Year: 2019-20\N\Ninfosys Limited\Nplot 44, Konappana Agrahara\Nhosur Road, Konappana\Nbangalore - 560100\Nkarnataka\N\Npan: Aaaci4798L\N\Nappellant\N\Nvs.\N\Ndy. Commissioner Of Income Tax\Ncircle - 3(1)(1)\Nbmtc Building, 80 Feet Road\Nkoramangala, Bangalore – 560095\Nkarnataka\N\Nrespondent\N\Nita No. 245/Bang/2024\N Assessment Year: 2019-20\N\Njt. Commissioner Of Income Tax (Osd)\Ncircle - 3(1)(1)\Nroom No. 241, 2Nd Floor\Nbmtc Building, 80 Feet Road\N6Th Block, Koramangala\Nbangalore - 560095\Nkarnataka\N\Nvs.\N\Ninfosys Limited\Nplot 44, Konappana Agrahara\Nhosur Road, Konappana\Nbangalore - 560100\Nkarnataka\N\Npan: Aaaci4798L\N\Nappellant\N\Nrespondent\N\Nassessee By\Ndepartment By\N\Nsri Padam Chand Khincha – Ca\Nsmt. Srinandini Das – Cit - Dr\N\Ndate Of Hearing\Ndate Of Pronouncement:\N\N09.05.2025\N06.08.2025\N\Norder\N\Nper Keshav Dubey:\N\Nthese Cross Appeals Are Filed Against The Order Of Ld. Commissioner Of\Nincome Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short \"Ld.\Ncit(A)/Nfac] Vide Din & Order No. Itba/Nfac/S/250/2023-24/1056786183(1) Dated 05.10.2023 Passed U/S.250 Of The Income Tax\Nact, 1961 (In Short “The Act\") For The A.Y.2019-20.\N\Npage 2 Of 34\N\N2. The Assessee Has Raised The Following Grounds Of Appeal: - \N\N\"1.\N\Ngeneral Ground\N\N1.

disallowance under Section 14A was deleted due to the AO's failure to record satisfaction. Brand building expenditure was allowed as revenue expenditure. Foreign tax credit related to Section 10AA income was allowed. The issue of deduction for foreign taxes not eligible for relief under Section 90/91 was remanded.", "result": "Partly Allowed", "sections": [ "10AA

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

disallowance can be made. 13. Similar additions of ₹ 23,625,000/– was made for AY 2017–18, ₹ 42,750,000/– was made for AY 2019-20 and ₹ 20,736,000/– was made for AY 2020–21 by respective assessment orders on account of unaccounted cash sales. 14. As per the information received from the investigation wing of income tax department

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

disallowance can be made. 13. Similar additions of ₹ 23,625,000/– was made for AY 2017–18, ₹ 42,750,000/– was made for AY 2019-20 and ₹ 20,736,000/– was made for AY 2020–21 by respective assessment orders on account of unaccounted cash sales. 14. As per the information received from the investigation wing of income tax department

DCIT, CENTRAL CIRCLE-1(3), BAENGALURU vs. LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA), BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

disallowance can be made. 13. Similar additions of ₹ 23,625,000/– was made for AY 2017–18, ₹ 42,750,000/– was made for AY 2019-20 and ₹ 20,736,000/– was made for AY 2020–21 by respective assessment orders on account of unaccounted cash sales. 14. As per the information received from the investigation wing of income tax department

LATE SHRI MAHABIR PRASAD(LEGAL HEIR MS. PARUL KANSARIA),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3) , BENGALURU

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

disallowance can be made. 13. Similar additions of ₹ 23,625,000/– was made for AY 2017–18, ₹ 42,750,000/– was made for AY 2019-20 and ₹ 20,736,000/– was made for AY 2020–21 by respective assessment orders on account of unaccounted cash sales. 14. As per the information received from the investigation wing of income tax department

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. THE INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed by it “shall be allowed... only in computing\nthe income referred to in section 28”. It is thus clear that the\nprovision only applies to computation of income under the heard,\n"income form business and Profession”. He submitted that this is\nmade even clearer by section 29 which reads: “The income\nreferred to in section 28 shall

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

disallowed by it “shall be allowed... only in computing\nthe income referred to in section 28”. It is thus clear that the\nprovision only applies to computation of income under the heard,\n"income form business and Profession”. He submitted that this is\nmade even clearer by section 29 which reads: “The income\nreferred to in section 28 shall

JAYARAMA REDDY BOOPESH REDDY,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), BENGALURU

In the result the appeal of the assessee is hereby partly allowed\nfor statistical purposes

disallowance.", "result": "Allowed", "sections": [ "132", "132(4)", "153A", "131", "41(1)", "40(a)(ia)", "194C", "194J", "32", "37", "38(2)", "24" ], "issues

M/S. BANGALORE ELECTRICITY SUPPLY COMPANY LTD.,,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2), BANGALORE

In the result, the appeal by the assessee is partly allowed and appeal of the ld

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2017-18

41 of the Act can be made by the Assessing officer as well, on the facts and circumstances of the case. Ground on interest levied u/s 234B of the Act: 27. The learned Assessing Officer is erred in levying the interest under section 234B of the Act and further calculation of interest under section 234B

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE- 1(1)(1), BANGALORE, BMTC BUILDING, KORAMANGALA, BAQNGALORE vs. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED , BESCOM CORPORATE OFFICE

In the result, the appeal by the assessee is partly allowed and appeal of the ld

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2017-18

41 of the Act can be made by the Assessing officer as well, on the facts and circumstances of the case. Ground on interest levied u/s 234B of the Act: 27. The learned Assessing Officer is erred in levying the interest under section 234B of the Act and further calculation of interest under section 234B

M/S. VIJAYANAGAR EDUCATIONAL TRUST,BENGALURU vs. THE COMMISSIONER OF INCOME TAX (EXEMPTION), BENGALURU

In the result appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year: 2019-20

4:00 AM, under mental and physical stress during the course of survey/search proceedings. It is settled law that statements made under such coercive circumstances are not voluntary in nature and hence cannot form the basis for additions, unless duly corroborated by independent material. Despite the alleged declarations, no such income or disallowances were offered in the returns filed

DEPUTY COMMISSIONER OF INCOME TAX, MANGALURU vs. NEW MANGALORE PORT AUTHORITY, MANGALURU

In the result, the appeal of the Revenue on this for the Assessment Years

Bench: Shri. Laxmi Prasad Sahu & Shri. Soundararajan K

disallowed the deduction claimed under section 80IA(4)(i) of the Act. 8. Aggrieved from the above Order, both the parties are in appeal before the Tribunal. 9. The learned Counsel reiterated the submissions made before the lower authorities and submitted that the interest received on reserve funds are designated fund to be created mandatorily as per direction of Government