BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), , BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

41,216/- made under section 14A r.w.r. 8D(2)(ii) and upheld the disallowance of Rs.12,38,740/- made under section 14A r.w.r. 8D(2)(iii). On cross appeals by Revenue and the assessee before the Tribunal, a Co-ordinate Bench thereof vide order in ITA No.1275/Bang/2014 dated 08.07.2015 upheld the order of the CIT(A) in deleting the disallowance

BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

41,216/- made under section 14A r.w.r. 8D(2)(ii) and upheld the disallowance of Rs.12,38,740/- made under section 14A r.w.r. 8D(2)(iii). On cross appeals by Revenue and the assessee before the Tribunal, a Co-ordinate Bench thereof vide order in ITA No.1275/Bang/2014 dated 08.07.2015 upheld the order of the CIT(A) in deleting the disallowance

M/S BRIGADE ENTERPRISES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1(1)(2), BANGALORE

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

41,216/- made under section 14A r.w.r. 8D(2)(ii) and upheld the disallowance of Rs.12,38,740/- made under section 14A r.w.r. 8D(2)(iii). On cross appeals by Revenue and the assessee before the Tribunal, a Co-ordinate Bench thereof vide order in ITA No.1275/Bang/2014 dated 08.07.2015 upheld the order of the CIT(A) in deleting the disallowance

M/S KBD SUGARS & DISTILLERIES LTD. vs. ACIT,

In the result, the appeals of the assessee for the Assessment Years 2008-

4. The CIT (Appeals) erred in not appreciating that the interest payments on working capital and KSBCL advance indirectly were used for the purpose of making tax free investments. 5. The CIT (Appeals) erred in deleting the disallowance ofRs.34,23,969 calculated under Rule 8D(2)(ii) holding that no tax free investments are made during the year

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. 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

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

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

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

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

4. Grounds relating to disallowance under section 43B: 4.1. The learned CIT{A) has erred in confirming the action of the AO in making disallowance under Section 43B, an amount of Rs 49,27,979 towards CST payable/ excise duty on closing stock, without appreciating that no such expenditure has been claimed in the P & L account 4.2. The learned

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HUBBALLI vs. M/S. KARNATAKA VIKAS GRAMEEN BANK LIMITED, DHARWAD

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

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Sections 22 and 32 of the Regional Rural Banks Act, 1976 provides as under:— 22. Regional Rural Bank to be deemed to be a cooperative society for purpose of the Income-tax Act, 1961.- For the purpose of the Income

M/S KARNATAKA VIKAS GRAMEENA BANK,DHARWAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), HUBBALLI

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

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2016-17

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Sections 22 and 32 of the Regional Rural Banks Act, 1976 provides as under:— 22. Regional Rural Bank to be deemed to be a cooperative society for purpose of the Income-tax Act, 1961.- For the purpose of the Income

M/S. BRIGADE ENTERPRISES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

In the result appeal filed by assessee stands partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2013-14 M/S. Brigade Enterprises Ltd., 26/1, 30Th Floor Wtc, The Dy. Commissioner Of Dr. Rajkumar Road, Income-Tax, Malleshwaram, Circle-2(3), Rajajinagar, Bengaluru. Vs. Bengaluru-560 100. Pan – Aaacb 7459 F Appellant Respondent Assessee By : Shri P.C Kincha, C.A Revenue By : Ms. Neera Malhotra, Cit(Dr) Date Of Hearing : 20-07-2021 Date Of Pronouncement : 11-10-2021 Order Per Beena Pillaipresent Appeal Has Been Filed By Assessee Against Order Dated 30/08/2019 Passed By The Ld.Cit(A)-11, Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal: “1. General Ground 1.1. The Order Passed By The Learned Commissioner Of Income Tax (Appeals) ["Cit(A) For Short Hereinafter"] To The Extent Prejudicial To The Appellant Is Bad In Law & Liable To Be Quashed. 2. Disallowance Under Section 14A R.W. Rule 8D 2.1. The Learned Deputy Commissioner Of Income Tax Central Circle - 2(3), Bangalore ["Ao" For Short Hereinafter] Has Erred In Making A Disallowance Of Rs. 2,02,22,837/- Under Se Tion 14A Comprising Of Disallowa,,Ø-1S. 1,73,98,969/- Under Rule 8D(2)(Ii) & Rs. 28,23,868/- Under Rule 8D(2)(Iii) & The Learned Cit(A) Has Erred In Confirming The Said Disallowance.

4. Disallowance under section 35D 4.1. The learned AO has erred in making a disallowance of Rs. 13,20,000/- claimed as a deduction under section 35D and the leaned CIT(A) has erred in confirming the said disallowance. 4.2. The learned AO and CIT(A) has erred in not appreciating the fact that expenditure incurred towards initial public offer

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

M/S. UNITED SPIRITS LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BENGALURU

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.2701/Bang/2017 : Asst.Year 2013-2014 M/S.United Spirits Limited The Deputy Commissioner Of Ub Towers, Income-Tax, Circle 7(1)(1) V. No.24 Vittal Mallya Road Bangalore. Bangalore – 560 001. Pan : Aaccm8043J. (Appellant) (Respondent) Appellant By : Sri.Percy Pardiwala, Senior Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 05.04.2022 Date Of Hearing : 24.03.2022 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 12.10.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In The Manufacture & Sale Of Alcoholic Beverage. The Assessee Filed Its Return Of Income For The Assessment Year 2013-2014 On 28.11.2013 Which Was Selected For Scrutiny Assessment. During The Course Of Assessment, The Assessee’S Case Was Also Referred To The Transfer Pricing Officer (Tpo). The Tpo Vide Order Dated 26.10.2016, Recommended Transfer Pricing Adjustments. The A.O., Thereafter, Passed A Draft Assessment Order Dated 30.12.2016. 2 It(Tp)A No.2701/Bang/2017 M/S.United Spirits Limited.

4. Disallowance of expenditure under section 14A of the Income-tax Act, 1961 ('the Act') - Rs. 48,04,00,000 Erred in law by invoking section 14A read with Rule 8D 4.1. The learned AO/ DRP has erred in law while disallowing a sum of Rs. 48.04 crores under section 14A of the Act read 6 IT(TP)A No.2701/Bang/2017

D.C.I.T., BANGALORE vs. M/S SAP LABS INDIA PVT. LTD.,, BANGALORE

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

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

disallowing deduction under section 8oJJAA of the Act amounting to INR 13,07,42,470/-. The learned AO and the learned Panel failed to appreciate the fact that deduction under section 8oJJAA of the Act is assessee specific and not undertaking / unit specific. (corresponding to revised ground no. 8 & original ground no. 8) 9. On the facts