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60 results for “disallowance”+ Section 43Aclear

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Key Topics

Addition to Income42Disallowance34Section 43A29Section 143(1)26Section 36(1)(va)25Section 143(3)23Deduction22Section 115J21Section 14A19Section 143(1)(a)

BANGALORE INTERNATIONAL AIRPORT LTD.,,BANGALORE vs. DCIT, BANGALORE

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

ITA 510/BANG/2014[2010-11]Status: DisposedITAT Bangalore27 Sept 2016AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raobangalore International Airport Ltd. Administration Block, Bial, Devanahalli Bangalore-560 300. … Appellant Pan:Aabc8973D Vs. Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Respondent & Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Appellant Vs. Bangalore International Airport Ltd. Bangalore-560 300. … Respondent

For Appellant: Shri Sampath Raghunathan, AdvocateFor Respondent: Shri Sanjay Kumar, CIT(DR)
Section 115JSection 143(1)Section 143(3)Section 43B

section 43A, adjustment is required to be made in actual cost of the asset for the purpose of allowing depreciation only at the time of actual payment of such ECB borrowings. Therefore, we are of the considered opinion that the CIT(A) was right in holding that gains arising on account of exchange fluctuation are not liable to ITA Nos.510

Showing 1–20 of 60 · Page 1 of 3

17
Section 26311
Depreciation10

DCIT, BANGALORE vs. M/S BANGALORE INTERNATIONAL AIRPORT LTD.,, BANGALORE

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

ITA 662/BANG/2014[2010-11]Status: DisposedITAT Bangalore21 Sept 2016AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raobangalore International Airport Ltd. Administration Block, Bial, Devanahalli Bangalore-560 300. … Appellant Pan:Aabc8973D Vs. Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Respondent & Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Appellant Vs. Bangalore International Airport Ltd. Bangalore-560 300. … Respondent

For Appellant: Shri Sampath Raghunathan, AdvocateFor Respondent: Shri Sanjay Kumar, CIT(DR)
Section 115JSection 143(1)Section 143(3)Section 43B

section 43A, adjustment is required to be made in actual cost of the asset for the purpose of allowing depreciation only at the time of actual payment of such ECB borrowings. Therefore, we are of the considered opinion that the CIT(A) was right in holding that gains arising on account of exchange fluctuation are not liable to ITA Nos.510

M/S. BHARAT ELECTRONICS LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, LTU, CIRCLE-1, BENGALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 394/BANG/2023[2012-13]Status: DisposedITAT Bangalore29 Sept 2023AY 2012-13

Bench: Shri George George K, Vice- & Shri Laxmi Prasad Sahuassessment Year : 2012-13 M/S. Bharat Electronics The Assistant Ltd., Commissioner Of Registered Office, Income Tax, Outer Ring Road Ltu, Nagawara, Circle – 1, Vs. Bangalore – 560 045. Bangalore. Pan: Aaacb5985C Appellant Respondent

For Appellant: Smt. Richa .B, CAFor Respondent: Shri Manoj Kumar, CIT-DR
Section 14ASection 43A

disallowance of foreign exchange loss of Rs. 48,23,924. 4. The learned CIT(A) has failed to consider that provision of Section 43A

CISCO SYSTEMS (INDIA) PRIVATE LIMITED,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 2, KORAMANGALA, BANGALORE

In the result, the appeal of the assessee is hereby dismissed

ITA 1234/BANG/2025[AY 2021-22]Status: DisposedITAT Bangalore30 Jan 2026

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Year: 2021-22

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 143(3)Section 144BSection 263Section 37(1)

disallowance was warranted under Section 43B of the Act in respect of the gratuity contribution. 9.7 The assessee further highlighted that all supporting documents, including the computation of income, actuarial valuation reports, and details of payments, were enclosed in the submission. Therefore, there was full compliance with the statutory provisions, and the claim made by the assessee was based

EVRY INDIA PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(2)(1) , BANGALORE

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

ITA 837/BANG/2025[2013-14]Status: DisposedITAT Bangalore31 Dec 2025AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Year: 2013-14

For Appellant: Shri Nitin Surana, ARFor Respondent: Shri N Balusamy, JCIT (DR)
Section 234CSection 37Section 43ASection 44A

section 43A of the Act cannot be invoked to disallow the claim. 8.2 It is further submitted that the borrowing

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE vs. M/S COFFEEDAY GLOBAL LIMITED , BANGALORE

In the result, the appeals of the Revenue are partly allowed

ITA 3040/BANG/2018[2013-14]Status: DisposedITAT Bangalore24 Feb 2020AY 2013-14

Bench: S/Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Ita Nos. 3040 & 3041/Bang/2018 Assessment Years: 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Coffee Day Global Limited, Income-Tax, Central Circle-1(3), No.23/2, Coffeeday Square, 3Rd Floor, C.R. Building, Vittal Mallya Road, Queen’S Road, Bengaluru-560 001. Bengaluru-560 001. [Pan: Aabca 5291P]

Section 14ASection 32(1)(iia)Section 43A

disallowance of expenditure of Forex Loss. 10.4 Against this, the Revenue is in appeal before us. The Ld. DR relied on the order of the Assessing Officer. 40 I.T.A. Nos.3040 & 3041/Bang/2018 10.5 The Ld. AR drew our attention to the provisions of section 43A

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE vs. M/S COFFEEDAY GLOBAL LIMITED , BANGALORE

In the result, the appeals of the Revenue are partly allowed

ITA 3041/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Feb 2020AY 2014-15

Bench: S/Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Ita Nos. 3040 & 3041/Bang/2018 Assessment Years: 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Coffee Day Global Limited, Income-Tax, Central Circle-1(3), No.23/2, Coffeeday Square, 3Rd Floor, C.R. Building, Vittal Mallya Road, Queen’S Road, Bengaluru-560 001. Bengaluru-560 001. [Pan: Aabca 5291P]

Section 14ASection 32(1)(iia)Section 43A

disallowance of expenditure of Forex Loss. 10.4 Against this, the Revenue is in appeal before us. The Ld. DR relied on the order of the Assessing Officer. 40 I.T.A. Nos.3040 & 3041/Bang/2018 10.5 The Ld. AR drew our attention to the provisions of section 43A

UNITED SPIRTIS LIMITED vs. ACIT,

In the result, the assessee’s appeals for assessment years 2007-08, 2008-09 and 2009-10 are treated as allowed for statistical purposes

ITA 424/BANG/2013[2008-09]Status: DisposedITAT Bangalore31 Mar 2015AY 2008-09

Bench: Smt. P. Madhavi Devi & Shri Abraham P George & Ita Nos.424 & 605(Bang)/2013 (Assessment Years: 2008-09 & 2009-10)

For Appellant: Shri K.R.Pradeep, CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 14A

section 43A distinguishing the capital / revenue nature imbibed therein to result in consideration thereof as were claimed by the assessee before the authorities below. The assessee himself rendered income on gain from exchange fluctuation on identical nature of revenue from loans remaining unpaid. The same is to be allowed on the facts and circumstances of the case.” Following the decision

UNITED SPIRITS LTD. vs. ACIT,

In the result, the assessee’s appeals for assessment years 2007-08, 2008-09 and 2009-10 are treated as allowed for statistical purposes

ITA 605/BANG/2013[2009-10]Status: DisposedITAT Bangalore31 Mar 2015AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Abraham P George & Ita Nos.424 & 605(Bang)/2013 (Assessment Years: 2008-09 & 2009-10)

For Appellant: Shri K.R.Pradeep, CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 14A

section 43A distinguishing the capital / revenue nature imbibed therein to result in consideration thereof as were claimed by the assessee before the authorities below. The assessee himself rendered income on gain from exchange fluctuation on identical nature of revenue from loans remaining unpaid. The same is to be allowed on the facts and circumstances of the case.” Following the decision

DCIT vs. M/S UNITED SPIRITS LTD.,,

In the result, the assessee’s appeals for assessment years 2007-08, 2008-09 and 2009-10 are treated as allowed for statistical purposes

ITA 652/BANG/2013[2008-09]Status: DisposedITAT Bangalore31 Mar 2015AY 2008-09

Bench: Smt. P. Madhavi Devi & Shri Abraham P George & Ita Nos.424 & 605(Bang)/2013 (Assessment Years: 2008-09 & 2009-10)

For Appellant: Shri K.R.Pradeep, CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 14A

section 43A distinguishing the capital / revenue nature imbibed therein to result in consideration thereof as were claimed by the assessee before the authorities below. The assessee himself rendered income on gain from exchange fluctuation on identical nature of revenue from loans remaining unpaid. The same is to be allowed on the facts and circumstances of the case.” Following the decision

M/S. UNITED SPIRITS LTD.,,BANGALORE vs. ACIT, BANGALORE

In the result, the assessee’s appeals for assessment years 2007-08, 2008-09 and 2009-10 are treated as allowed for statistical purposes

ITA 1277/BANG/2010[2007-08]Status: DisposedITAT Bangalore31 Mar 2015AY 2007-08

Bench: Smt. P. Madhavi Devi & Shri Abraham P George & Ita Nos.424 & 605(Bang)/2013 (Assessment Years: 2008-09 & 2009-10)

For Appellant: Shri K.R.Pradeep, CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 14A

section 43A distinguishing the capital / revenue nature imbibed therein to result in consideration thereof as were claimed by the assessee before the authorities below. The assessee himself rendered income on gain from exchange fluctuation on identical nature of revenue from loans remaining unpaid. The same is to be allowed on the facts and circumstances of the case.” Following the decision

DCIT vs. M/S UNITED SPIRITS LTD.,,

In the result, the assessee’s appeals for assessment years 2007-08, 2008-09 and 2009-10 are treated as allowed for statistical purposes

ITA 653/BANG/2013[2009-10]Status: DisposedITAT Bangalore31 Mar 2015AY 2009-10

Bench: Smt. P. Madhavi Devi & Shri Abraham P George & Ita Nos.424 & 605(Bang)/2013 (Assessment Years: 2008-09 & 2009-10)

For Appellant: Shri K.R.Pradeep, CAFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 14A

section 43A distinguishing the capital / revenue nature imbibed therein to result in consideration thereof as were claimed by the assessee before the authorities below. The assessee himself rendered income on gain from exchange fluctuation on identical nature of revenue from loans remaining unpaid. The same is to be allowed on the facts and circumstances of the case.” Following the decision

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-12 , BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1980/BANG/2018[2009-10]Status: DisposedITAT Bangalore12 Jan 2023AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

disallowed and added back to the income of the respective undertakings/units of the assessee company. 4. The ld. A.R. submitted that during the assessment year 2009- 10, the assessee incurred an aggregate loss of Rs. 129,94,15,659/- (comprising of loss of Rs. 78,69,47,279/- arising on restatement of forward contracts, and realised loss

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1982/BANG/2018[2012-13]Status: DisposedITAT Bangalore12 Jan 2023AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

disallowed and added back to the income of the respective undertakings/units of the assessee company. 4. The ld. A.R. submitted that during the assessment year 2009- 10, the assessee incurred an aggregate loss of Rs. 129,94,15,659/- (comprising of loss of Rs. 78,69,47,279/- arising on restatement of forward contracts, and realised loss

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1981/BANG/2018[2010-11]Status: DisposedITAT Bangalore12 Jan 2023AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

disallowed and added back to the income of the respective undertakings/units of the assessee company. 4. The ld. A.R. submitted that during the assessment year 2009- 10, the assessee incurred an aggregate loss of Rs. 129,94,15,659/- (comprising of loss of Rs. 78,69,47,279/- arising on restatement of forward contracts, and realised loss

TANGLIN DEVELOPMENTS LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, assessee’s appeals are allowed

ITA 143/BANG/2021[2013-14]Status: DisposedITAT Bangalore31 Jan 2022AY 2013-14

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri C Ramesh, C.AFor Respondent: Shri Jairam Raipura, CIT(DR OSD)
Section 43A

section 43A permits capitalization only when the capital asset is acquired from outside India by incurring ITA No.143 - 146/Bang/2021 Page 6 of 31 expenditure in foreign currency. Admittedly the facts of this case are that. the assessee has not obtained any foreign currency loan. It has merely received loan in Indian currency, however pegged to dollar rates for the purposes

TANGLIN DEVELOPMENTS LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, assessee’s appeals are allowed

ITA 146/BANG/2021[2017-18]Status: DisposedITAT Bangalore31 Jan 2022AY 2017-18

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri C Ramesh, C.AFor Respondent: Shri Jairam Raipura, CIT(DR OSD)
Section 43A

section 43A permits capitalization only when the capital asset is acquired from outside India by incurring ITA No.143 - 146/Bang/2021 Page 6 of 31 expenditure in foreign currency. Admittedly the facts of this case are that. the assessee has not obtained any foreign currency loan. It has merely received loan in Indian currency, however pegged to dollar rates for the purposes

TANGLIN DEVELOPMENTS LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, assessee’s appeals are allowed

ITA 144/BANG/2021[2014-15]Status: DisposedITAT Bangalore31 Jan 2022AY 2014-15

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri C Ramesh, C.AFor Respondent: Shri Jairam Raipura, CIT(DR OSD)
Section 43A

section 43A permits capitalization only when the capital asset is acquired from outside India by incurring ITA No.143 - 146/Bang/2021 Page 6 of 31 expenditure in foreign currency. Admittedly the facts of this case are that. the assessee has not obtained any foreign currency loan. It has merely received loan in Indian currency, however pegged to dollar rates for the purposes

TANGLIN DEVELOPMENTS LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, assessee’s appeals are allowed

ITA 145/BANG/2021[2015-16]Status: DisposedITAT Bangalore31 Jan 2022AY 2015-16

Bench: Shri Chandra Poojari & Shri George George K.

For Appellant: Shri C Ramesh, C.AFor Respondent: Shri Jairam Raipura, CIT(DR OSD)
Section 43A

section 43A permits capitalization only when the capital asset is acquired from outside India by incurring ITA No.143 - 146/Bang/2021 Page 6 of 31 expenditure in foreign currency. Admittedly the facts of this case are that. the assessee has not obtained any foreign currency loan. It has merely received loan in Indian currency, however pegged to dollar rates for the purposes

M/S KEMWELL PVT. LTD. vs. ACIT,

In the result, this appeal of Revenue is dismissed

ITA 209/BANG/2014[2009-10]Status: DisposedITAT Bangalore12 Apr 2019AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri B.R. Renuka Prasad, AdvocateFor Respondent: Shri R.N. Siddappaji, Addl.CIT
Section 143(3)Section 43ASection 43A(1)

disallowance of foreign currency fluctuation difference under Section 43A and (b) disallowance of interest u/s. 36(1)(iii) r.w. Sec. 37 of the Income