DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(1), BANGALORE vs. M/S. ATRIA POWER CORPORATION PRIVATE LIMITED, BANGALORE

In the result, both the appeals of the assessee are dismissed

Bench: Shri George George K.And Shri B.R. Baskaran

disallowance made by th A.O. with the following observations:- (5.1 The First ground of the appellant is regarding the claim u/s 80-IA against the action of the AO in adjusting the loss of non 80-IA unit with the profit of 80-IA unit, before computing the deduction u/s. 80-IA on the netted of profit. The appellant

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(1), BANGALORE vs. M/S. ATRIA POWER CORPORATION PRIVATE LIMITED, BANGALORE

In the result, both the appeals of the assessee are dismissed

Bench: Shri George George K.And Shri B.R. Baskaran

disallowance made by th A.O. with the following observations:- (5.1 The First ground of the appellant is regarding the claim u/s 80-IA against the action of the AO in adjusting the loss of non 80-IA unit with the profit of 80-IA unit, before computing the deduction u/s. 80-IA on the netted of profit. The appellant

SRI.SYED ALEEMULLAH,BANGALORE vs. DCIT, BANGALORE

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

Bench: Shri George George K & Shri Inturi Rama Raoshri Syed Aleemullah, Prop. S.A.Developers, No.950, 27Th A Main, Jayanagar, 9Th Block, Bengaluru-560069. … Appellant Vs. Deputy Commissioner Of Income-Tax, Circle- 4(1), Bengaluru. … Respondent Appellant By : Shri P.Dinesh, Advocate. Respondent By : Shri Sanjay Kumar, Cit(Dr). Date Of Hearing : 17/01/2017 Date Of Pronouncement : 04/04/2017

section 80-IB(10) of the Act. Despite violin the conditions stipulated for availing benefits u/s 80-IB(10) of the Act, the assessee claimed deduction u/s 80-IB(10) of the Act. The relevant observation of the AO is as under: Page 6 of 19 6. Being aggrieved by the above disallowances

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

80,804 includes foreign tax credit of Rs. 23,63,99,423 on income which is eligible for deduction under section 10AA. Wipro Ltd v DCIT 382 ITR 179 (Kar) Foreign tax credit relating to income eligible for deduction under section 10A is also allowable under section 90 ITAT, Bangalore bench in assessee’s own case

M/S. SYNDICATE BANK STAFF CO-OP. SOCIETY LTD.,BENGALURU vs. DCIT, CPC, BENGALURU

disallowance of deduction claimed under sections 10AA, 80- (v) IA, 80-IAB, 80-IB, 80-IC, 80-IDorsection 80-1E, if the return

M/S. GARUDA SECURITY SERVICES,BANGALORE vs. ITO, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee are dismissed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1051 & 1052/Bang/2022 Assessment Year: 2018-19 & 2019-20

disallowance of deduction claimed under sections 10AA, 80- IA, 80-IAB, 80-IB, 80-IC, 80-ID or section 80

M/S. GARUDA SECURITY SERVICES,BANGALORE vs. ITO, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee are dismissed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1051 & 1052/Bang/2022 Assessment Year: 2018-19 & 2019-20

disallowance of deduction claimed under sections 10AA, 80- IA, 80-IAB, 80-IB, 80-IC, 80-ID or section 80

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

80,751/- was disallowed and added back to the returned income of the assessee by the AO. 5. Aggrieved by the above order of the AO, the went in appeal before the ld CIT(A) stating that the assessing officer has erred in computing the disallowance under section

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

80,751/- was disallowed and added back to the returned income of the assessee by the AO. 5. Aggrieved by the above order of the AO, the went in appeal before the ld CIT(A) stating that the assessing officer has erred in computing the disallowance under section

M/S. SJR ENTERPRISES PRIVATE LIMITED ,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Year: 2009-10

disallow the deduction claimed by the Assessee under section 80-IB(10) of the Act of Rs.8,35,14,758/- and proceeded

TATA ELXSI LIMITED ,BANGALORE vs. DEPUTY COMMISIONER INCOMER TAX, CIRCLE-7(1)(1), BANGALORE

Accordingly, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2018-19 M/S. Tata Elxsi Ltd., The Deputy 126, Itpb Road, Commissioner Hoody, Of Income Tax, Whitefield, Circle – 7(1)(1), Bangalore – 560 048. Bangalore. Vs. Pan: Aaact7872Q Appellant Respondent

disallowed the deduction u/s.80IB(9) of the Act for A.Y. 2013-14, similar claims in earlier year was decided in favour of the assessee by the ITAT for A.Y.2012-13 and hence, the appeal raised by the assessee for A.Y.2013-14 on this ground i.e. ground No.4 in ITA No.7299/Mum/2017 is covered. 108. Now, the assessee contends that in light

M/S. TATA ELXSI LIMITED., ,BANGALORE vs. DEPUTY COMMISSIONER INCOME TAX, CIRCLE-7(1)(1), BANGALORE

In the result, all the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri George George K. & Shri Chandra Poojari

disallowed the deduction u/s.80IB(9) of the Act for A.Y. 2013-14, similar claims in earlier year was decided in favour of the assessee by the ITAT for A.Y.2012-13 and hence, the appeal raised by the assessee for A.Y.2013-14 on this ground i.e. ground No.4 in ITA No.7299/Mum/2017 is covered. 108. Now, the assessee contends that in light

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

disallowance made under section 10AA of the Act ignoring that since no new master service agreement was made, the benefit of claim u/s 10AA from the old SEZ cannot be allowed. 5. The CIT(A) erred in remitting the matter to assessing officer on issue relating to section 80G of the Act ignoring that in instant case assessee

IBM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2000-2001

disallowance made in the assessment order was denying exemption claimed u/s. 10A of the act on the ground that, the export turnover brought into India does not amount to 75 percent of the total turnover of the STP unit. It was submitted by the assessee that, it treated export credits of the bank account maintained

M/S. INDIANOIL SKYTAKING PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), BANGALORE

In the result, the appeals are partly allowed

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

section 80-IA(1) should be allowed on the basis of the profits of the eligible undertaking without setting off the losses of years prior to the initial assessment year aggregating to Rs 4,18,09,098 against the profits of the eligible undertaking. 9. Disallowance

INDIANOIL SKYTANKING PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), BENGALURU

In the result, the appeals are partly allowed

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

section 80-IA(1) should be allowed on the basis of the profits of the eligible undertaking without setting off the losses of years prior to the initial assessment year aggregating to Rs 4,18,09,098 against the profits of the eligible undertaking. 9. Disallowance

M/S INDIANOIL SKYTANKING PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, the appeals are partly allowed

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

section 80-IA(1) should be allowed on the basis of the profits of the eligible undertaking without setting off the losses of years prior to the initial assessment year aggregating to Rs 4,18,09,098 against the profits of the eligible undertaking. 9. Disallowance

MR. JITENDRA KUMAR NAHATA,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX (OSD), CIRCLE-6(1)(1) REPRESENTED BY ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGALORE

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

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2017-18

section 80 IA deduction in issue reading as under: "6. Considering the submissions made by the appellant in connection with the delay in filing of appeal, the delay is condoned and the appeal is decided on the merits as follows. The appellant has filed an appeal on account of disallowance

M/S. NEW MANGALORE PORT AUTHORITY,MANGALURU vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(1) , MANGALURU

In the result, the appeal of the assessee is allowed and the cross-objection filed by the Revenue is dismissed

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

disallow the deduction on the ground at the assessee had not maintained separate books of account. The assessment order for the earlier assessment year i.e. the assessment year 2001-02 was under section 143(3). That assessment order records that Unit-II had started commercial production in March, 2000, i.e., eleven years after Unit-I came into existence. The order