DCIT, CIRCLE 1(1) & TPS, 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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

NEW MANGALORE PORT AUTHORITY,MANGALORE vs. DCIT, CIRCLE-1 & TPS, MANGALURU

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

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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

NEW MANGALORE PORT AUTHORITY,MANGALORE vs. DCIT, CIRCLE-1 & TPS, MANGALORE

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

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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

DCIT, CIRCLE 1(1) & TPS, 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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

NEW MANGALORE PORT AUTHORITY,MANGALORE vs. DCIT, CIRCLE-1 & TPS, MANGALORE

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

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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

DCIT, CIRCLE 1(1) & TPS, 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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

NEW MANGALORE PORT AUTHORITY,MANGALORE vs. DCIT, CIRCLE-1 & TPS, MANGALORE

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

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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

DCIT, CIRCLE-1(1), 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

9 of 14 13. Considering the rival submissions, we noted from the Assessment Order that the AO has passed Order under section 143(3) / 263 / 144B of the Act and the revised return filed by the assessee has been accepted and there is only one addition on only one issue towards interest income received on reserve fund of Rs.59

M/S. ABB LIMITED(FORMERLY ASEA BROWN BOVERI LIMITED),BANGALORE vs. ACIT, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

ACIT, BANGALORE vs. M/S. ABB LIMITED, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

M/S. ABB LIMITED(FORMERLY ASEA BROWN BOVERI LIMITED),BANGALORE vs. DCIT, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

ACIT, BANGALORE vs. M/S. ABB LIMITED, BANGALORE

In the result, ground No.3 raised by the assessee is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranita No.790 & 791/Bang/2008 Assessment Year : 2002-03 & 2003-04 M/S. Abb Ltd., Vs. The Deputy Commissioner Of Ii Floor, East Wing, Income Tax (Ltu), Khanija Bhavan, Bengaluru. Race Course Road, Bengaluru-560 001. Pan : Aaaca 3834 B Appellant Respondent

801A from the business profits for the purpose of computation of deduction under section 80HHC if the export divisions have not claimed deduction under section 80IA as such direction is opposed to the provisions of section 80IB(13) rws ITA Nos. 790, 791, 896 and 897/Bang/2008 Page 10 of 48 80IA(9) in as much as the profits

M/S BELLAD & COMPANY,HUBLI vs. DCIT, HUBLI

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

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Bellad & Co., Vidyanagar, Hubli. … Appellant Pa No: Aabfb6457D Vs. Deputy Commissioner Of Income-Tax, Hubli. … Respondent & Asst. Commissioner Of Income-Tax, Circle 1(1), Hubballi. … Appellant Vs. M/S.Bellad & Co., Vidyanagar, Hubballi. … Respondent Assessee By : Shri C.R.Nulvi, Ca Revenue By : Shri C.N.Bipin, Jcit(Dr) Date Of Hearing : 04/07/2016 Date Of Pronouncement : 27/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee As Well As The Revenue Directed Against The Order Of The Cit(A), Hubli, Dated 26/02/2015 For The Assessment Year 2010-11. Ita No.1004 & 1029/Bang/2015 Page 2 Of 13 2. Briefly Facts Of The Case Are As Under: The Assessee-Firm Is Engaged In The Business Of Dealers In Hmt Tractors, Spares, Hero Honda Motors-Cycles & Dealing In Sony Products & Also In The Business Of Generation Of Power Through Wind Mills. Return Of Income For The Assessment Year 2010-11 Was Filed On 30/09/2010 Declaring Income Of Rs.51,74,070/-. Against Said Return Of Income, Assessment Was Completed By The Acit, Circle 1(1), Hubli, Vide Order Dated 14/03/2013 Passed Under Section 143(3) Income-Tax Act, 1961 ['The Act' For Short] At A Total Income Of Rs.1,51,04,807/- After Making Several Disallowances. One Of Those Disallowances Relates To Expenditure Incurred On Renovation Of Showroom Of Rs.17,18,671/- Treating It Capital Expenditure Allowed Depreciation At 10%. He Also Made Addition Of Rs.29,02,161/- As Deemed Dividend Under Section 2(22)(E) Of The Act. The Ao Also Disallowed Deduction Under Section 80Ia(5) Of The Act As, According To The Ao, After Setting Off Of Brought Forward Loss, There Was No Eligible Profit For Deduction U/S 80Ia Of The Act.

disallowance for deduction U/s. 801A was dismissed. 4. Any other ground that may be taken during the appeal. 5. The appellant craves leave to add, alter, amend and delete any of the grounds of leave. 11. Grounds No.1, 4 and 5 are general in nature and do not require any adjudication. 12. Ground No.2 relates to direction

ASST.C.I.T., HUBLI vs. M/S BELLAD & CO, HUBLI

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

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raom/S.Bellad & Co., Vidyanagar, Hubli. … Appellant Pa No: Aabfb6457D Vs. Deputy Commissioner Of Income-Tax, Hubli. … Respondent & Asst. Commissioner Of Income-Tax, Circle 1(1), Hubballi. … Appellant Vs. M/S.Bellad & Co., Vidyanagar, Hubballi. … Respondent Assessee By : Shri C.R.Nulvi, Ca Revenue By : Shri C.N.Bipin, Jcit(Dr) Date Of Hearing : 04/07/2016 Date Of Pronouncement : 27/07/2016 O R D E R Per Inturi Rama Rao, Am : These Are Cross Appeals Filed By The Assessee As Well As The Revenue Directed Against The Order Of The Cit(A), Hubli, Dated 26/02/2015 For The Assessment Year 2010-11. Ita No.1004 & 1029/Bang/2015 Page 2 Of 13 2. Briefly Facts Of The Case Are As Under: The Assessee-Firm Is Engaged In The Business Of Dealers In Hmt Tractors, Spares, Hero Honda Motors-Cycles & Dealing In Sony Products & Also In The Business Of Generation Of Power Through Wind Mills. Return Of Income For The Assessment Year 2010-11 Was Filed On 30/09/2010 Declaring Income Of Rs.51,74,070/-. Against Said Return Of Income, Assessment Was Completed By The Acit, Circle 1(1), Hubli, Vide Order Dated 14/03/2013 Passed Under Section 143(3) Income-Tax Act, 1961 ['The Act' For Short] At A Total Income Of Rs.1,51,04,807/- After Making Several Disallowances. One Of Those Disallowances Relates To Expenditure Incurred On Renovation Of Showroom Of Rs.17,18,671/- Treating It Capital Expenditure Allowed Depreciation At 10%. He Also Made Addition Of Rs.29,02,161/- As Deemed Dividend Under Section 2(22)(E) Of The Act. The Ao Also Disallowed Deduction Under Section 80Ia(5) Of The Act As, According To The Ao, After Setting Off Of Brought Forward Loss, There Was No Eligible Profit For Deduction U/S 80Ia Of The Act.

disallowance for deduction U/s. 801A was dismissed. 4. Any other ground that may be taken during the appeal. 5. The appellant craves leave to add, alter, amend and delete any of the grounds of leave. 11. Grounds No.1, 4 and 5 are general in nature and do not require any adjudication. 12. Ground No.2 relates to direction

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

801A at Rs. 9.44 Crores. The AO disallowed the claim stating that there is no claim in the return filed u/ s 139( 1) as CA's certificate in Form No.10CCB was not obtained on the date when the original return is filed. The CIT(A) allowed the claim and the Department preferred an appeal before the Hon'ble ITAT

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

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

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. 107. Now, the assessee contends that in light