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

801 in the provisions of section 10A etc. Thus, the attempt of the assessee to extrapolate the meaning from a specifically restricted proviso is untenable. The AO also mentioned that wherever the Parliament had contemplated the benefit to be extended to the software sector, specific reference has been made as in section 10A or 10B where the words used

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

801 and 1065/Bang/2014, and dismissed the grounds of appeal of the assessee. The CIT(A) upheld the disallowance made by the AO. 6.3 Aggrieved by the order of the CIT(A), the assessee has raised the issue before the Tribunal. The learned AR fairly submitted that the Tribunal has decided the issue against the assessee in the cases

M/S. SYNGENE INTERNATIONAL LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE- 6, BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2010-11

disallowed. Contentions before the ITAT: 3.6 There is no splitting up or reconstruction of business. The following factual aspects demonstrate the independence of SEZ Unit S11: 3.7 Physical location: The EOU unit 1 was situated at 20th KM, Hosur Road whereas the SEZ unit — S 11 is situated at Biocon SEZ, Bommasandra - Jigani Link Road, Bangalore. These two units

UNITED BREWERIES LTD.,,BANGALORE vs. ADDL..C.I.T., BANGALORE

In the result, the appeals are partly allowed

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

801 & 1065/Bang/2014 (Assessment Years : 2007-08 to 2009-10) ITA No. Asst. Year Appellant Respondent 722/Bang/2014 2007-08 United Breweries Ltd. Addl. Commissioner UB Tower,UB City, 24, of Income Tax, Vittal Mallya Road, Range-12, Bangalore. Bangalore. PAN AAACU 6053C 801/Bang/2014 2007-08 Dy. Commissioner of Income United Breweries Ltd., Tax, Bangalore. Circle 12(5), Bangalore. 1065/Bang/2014

RAAJRATNA ENERGY HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE

section 10(33) is to be allowed, and pro\nrata expenses on account of interest relatable to\nborrowings for investment inshares is to be disallowed\nagainst taxable business income”\nHence, as per the above decision, if the investment was made\nout of borrowed funds, proportionate interest expenditure is to be\ndisallowed. We humbly submit that this decision is not applicable

M/S. KARNATAKA BANK LIMITED,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX. CIRCLE- 2(1), MANGALURU

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

801/-) iii) VISA fees paid to VISA International (Rs.96,87,529/-) Accordingly, he disallowed all the three expenses aggregating toRs.17.01 crore by invoking provisions of sec. 40(a)(ia) of the Act. The ld CIT(A) noticed that the Bengaluru Bench of Tribunal has held in the case of Corporation Bank in ITA No.1264 and 1352/Bang/2013 for asst. year

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2(1), MANGALORE vs. KARNATAKA BANK LIMITED., MANGALORE

In the result, the appeal of the assessee is partly allowed for statistical purposes and the revenue’s appeal is dismissed

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K., Judciial Member Assessment Year : 2015-16

801/-) iii) VISA fees paid to VISA International (Rs.96,87,529/-) Accordingly, he disallowed all the three expenses aggregating toRs.17.01 crore by invoking provisions of sec. 40(a)(ia) of the Act. The ld CIT(A) noticed that the Bengaluru Bench of Tribunal has held in the case of Corporation Bank in ITA No.1264 and 1352/Bang/2013 for asst. year

RAAJRATNA ENERGY HOLDINGS PRIVATE LIMITED,HYDERABAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BENGALURU

Accordingly, this\nground is allowed for statistical purposes

section 10(33) is to be allowed, and pro\nrata expenses on account of interest relatable to\nborrowings for investment inshares is to be disallowed\nagainst taxable business income”\nHence, as per the above decision, if the investment was made\nout of borrowed funds, proportionate interest expenditure is to be\ndisallowed. We humbly submit that this decision is not applicable

GANESH ROOFING ,SHIBAMOGGA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 1 , SHIMOGA

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

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2017-18 M/S. Ganesh Roofing, Acit, No.676, Sagar Road, Circle –1, Auto Complex, Vs. Shimoga. Shimoga – 577 204. Pan : Aanfg 6019 L Appellant Respondent Assessee By : Shri. A. R. Vivek, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 18.05.2023 Date Of Pronouncement : 19.05.2023

section 143(3) was completed vide order dated 06.12.2019. In the said order, the AO made disallowance of Rs.2,85,801

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BANGALORE vs. M/S. K S T D C LTD, BANGALORE

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

Bench: Shri N. V. Vasudevan & Shri A. K. Garodiaassessment Year : 2013-14 Deputy Commissioner Of M/S. Kstdc Ltd., Income Tax, No.49, Ii Floor, West Avenue, Circle – 4(1)(1), 2Nd Floor, Vs. Khanija Bhavan, Race Course Road, Bmtc Depot, Bengaluru – 560 001. Bengaluru – 560 095. Pan : Aacck 3563 F Appellant Respondent Revenue By : Shri. S. Tamil Selvam, Jcit (Dr)(Itat), Bengaluru Assessee By : Shri. R. Sathyanarayan Murthy, Ca Date Of Hearing : 16.01.2020 Date Of Pronouncement : 12.02.2020 O R D E R Per A.K. Garodiathis Appeal Is Filed By The Revenue & The Same Is Directed Against The Order Of Learned Cit(A)-4, Bengaluru, Dated 24.03.2017 For The Assessment Year 2013-14. 2. Ground No.1 Is General & As Per Grounds 2 To 6, This Is The Grievance Of The Revenue That Cit(A) Is Not Right In Holding That The Amount Of Rs. 11/- Pr Year Per Acre Charged By The Assessee As Against The Prevailing Rate In The Vicinity Of The Same Area Of Rs.1,30,000/- Per Year Per Acre Is Proper & Reasonable By Relying On The Tribunal Order In Assessee’S Own Case For Page 2 Of 4

section 14A of the Income Tax Act, 1961. Learned DR of the Revenue supported the assessment order whereas the learned AR of the assessee supported the order of CIT(A). He also submitted that as per para 8.3 on page 13 of his order, learned CIT(A) has upheld the disallowance of Rs.21,030/- under Rule

SUBEX LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result, Revenue’s appeal is partly allowed

Bench: Shri B. Ramakotaiah & Shri Narendra Kumar Choudhury

801/- (including Rs. 16,55,390/- paid to non-residents which was capitalized for tax purposes and depreciation @ IT(TP)A Nos.373 & 374/Bang/2015 Page 15 of 27 60% and thereon). The AO disallowed the depreciation claimed to an extent of Rs. 36,35,280/- on the reason that entire amount of software purchase was to be disallowed

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE-7, BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

disallowance is called for. Accordingly, Grounds No.7 to 7.3 in ITA No.1044/Del/2014 pertaining to A.Y. 2009-10 are allowed.” 47. We notice that the co-ordinate benches are consistently holding the view that the expenditure incurred on sponsoring of sports events are intended to promote business only and hence the same is allowable as expenditure. The allowability of brand promotion

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 12(5), BANGALORE

In the result, both the appeals of the assessee are partly allowed

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

disallowance by relying on the decision of the coordinate Bench of the Tribunal in assessee’s own case for AY 2007- 08, 2008-09 & 2009-10 in ITA No.722,801, 1065 & 1066/Bang/2014. ITA Nos.125 & 126/Bang/2020 Page 4 of 26 6. During the course of hearing, the ld. AR conceded that the issue is held against the assessee by the decision

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE- 12, BANGALORE

In the result, both the appeals of the assessee are partly allowed

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

disallowance by relying on the decision of the coordinate Bench of the Tribunal in assessee’s own case for AY 2007- 08, 2008-09 & 2009-10 in ITA No.722,801, 1065 & 1066/Bang/2014. ITA Nos.125 & 126/Bang/2020 Page 4 of 26 6. During the course of hearing, the ld. AR conceded that the issue is held against the assessee by the decision

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(2), BANGALORE vs. M/S. BANGALORE INTERNATIONAL AIRPORT LIMITED, BANGALORE

The appeal of the assessee is partly allowed, whereas the revenue’s appeal is dismissed

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2013-14

Disallowance of concession fee under Section 43B of the Act (Revenue’s appeal Ground No.2.I and 2.II) ITA No.191 & 374/Bang/2020 Page 5 of 25 5. The brief facts of the case are that the assessee company filed its return of income electronically for the AY 2013-14 on 28.11.2013 computing a total income of Rs 56,700,030 under

M/S. BANGALORE INTERNATIONAL AIRPORT LIMITED,BANGALORE vs. COMMISSIONER OF INCOME TAX (APPEALS)- 1, BANGALORE

The appeal of the assessee is partly allowed, whereas the revenue’s appeal is dismissed

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2013-14

Disallowance of concession fee under Section 43B of the Act (Revenue’s appeal Ground No.2.I and 2.II) ITA No.191 & 374/Bang/2020 Page 5 of 25 5. The brief facts of the case are that the assessee company filed its return of income electronically for the AY 2013-14 on 28.11.2013 computing a total income of Rs 56,700,030 under

M/S. INDUS TRUST ,BENGALURU vs. ACIT, CIRCLE-2(2)(1), BENGALURU

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

disallowance of depreciation for Rs.\n2,49,45,801/- only.\n12. The AO during the assessment proceeding observed that the\nassessee claimed depreciation at 80% along with additional depreciation\nof 20%, aggregating to ₹9,04,93,001, on the windmill. The AO examined\nthe provisions of section

M/S. TOSHNIWAL BROTHERS (SR) PVT LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-12(4), BENGALURU

In the result, the appeal filed by the assessee stands allowed in the terms indicated above

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2009-10 M/S. Toshniwal Brothers (Sr) Private Limited, The Deputy No. 11, Aecs Layout, 3Rd Cross, Commissioner Of 4Th Main, Gedalahalli, Vs. Income Tax, Sanjay Nagar, 1St Stage, Circle 12 (4), Bangalore – 560 094. Bangalore. Pan: Aaact2881R Appellant Respondent

section 37 of the Act. On the above and such other grounds as may be urged at the time of hearing your Appellant prays your Honour to consider the facts and circumstances of the case/appeal and render justice.” 3. It was submitted by ld. AR of assessee that ground no. 1 is general. Regarding Ground no. 2, he submitted that

M/S UNITED SPIRITS LIMITED ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX SPECIAL RANGE-7 , BANGALORE

In the result, ground 7 is allowed for statistical purposes

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.3091/Bang/2018 : Asst.Year 2014-2015 M/S.United Spirits Limited The Joint Commissioner Of 6Th Floor, Ub Towers, Income-Tax, Special Range-7 V. Bangalore. # 24 Vittal Mallya Road Bangalore – 560 001. Pan : Aaccm8043J. (Appellant) (Respondent)

disallowance project spirit report. Rs.28,06,21,440 on DDT and interest of Rs.15,43,41,791 u/s 115P of the Act. 8. Grounds of appeal relating to short credit of 37,78,149 tax deducted at source / tax collected at source – Rs.37,78,149 9. Grounds of appeal relating to levy of 2,03,53,26,920 interest