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

7 are regarding disallowance of software expenses of Rs.1,45,000/- u/s 40(a)(ia) of the Act for not making TDS under section 194J of the Act. 12. Facts of the case are that during the year under consideration, the assessee had incurred a sum of Rs. 585,30,20,535 towards purchase of software. Out of the said

INFOSYS LTD.,,BANGALORE vs. ADDL.C.I.T, BANGALORE

In the result, Revenue’s appeal for A

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

94,50,304/- under section 40(a)(i) of the Income tax Act, 1961. 4.2 On facts and circumstances of the case and law applicable, the impugned payments were not chargeable to tax in India, not liable for TDS under section 195 and hence not to be disallowed under section 40(a)(i). 4.3 Even otherwise, the disallowance

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

7(1)(1) v. No.24, Vittal Mallya Road Bangalore. Bangalore – 560 001. PAN : AAACU6053C. (Assessee) (Respondent) Assessee by : Sri.K.R.Vasudevan, Advocate Respondent by : Sri.K.Sankar Ganesh, JCIT –DR Date of Pronouncement : 11.11.2022 Date of Hearing : 02.11.2022 O R D E R Per George George K, JM : This appeal at the instance of the assessee is directed against CIT(A)’s order dated

TECNOTREE CONVERGENCE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariassessment Year : 2009-10

Section 94(7) of the Act. The Assessing Officer disallowed the claim of the assessee and levied penalty under Section

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

94,717 respectively from the profit & turnover of 10AA-100% eligible units while computing deduction under section 10AA without specifying any reason in the show cause notice and order and the learned CIT(A) erred in confirming the same. 2.2. The learned CIT(A) has erred in relying on the Explanation to below subsection 1 of section 10AA without appreciating

BRIGADE ENTERPRISES LTD,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX,, BANGALORE

In the result, the assessee’s appeal is treated as partly allowed

Bench: Smt. P. Madhavi Devi & Shri Abraham P Georgem/S.Brigade Enterprises Ltd., 29Th & 30Th Floor, World Trade Centre, Brigade Gateway Campus, 26/1, Dr.Rajkumar Road, Rajajinagar, Bangalore-560055. … Appellant Pan: Aaacb7459F Vs. Addl. Commissioner Of Income-Tax, Range-11, Bangalore. … Respondent

section 94(7) of the Act operate in different fields and in our opinion, will have no bearing on the present case. 20. We are of the view that in the light of the discussion in the earlier part of this order, the question of disallowance

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TECNOTREE CONVERGENCE LTD , GURGAON

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

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

Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017

TECNOTREE CONVERGENCE LT D,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

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

Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017

TECNOTREE CONVERGENCE LT D,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

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

Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TECNOTREE CONVERGENCE LTD , GURGAON

In the result, Revenue’s appeal for Assessment Year 2011-12 is dismissed

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

Disallowance of capital loss under section 94(7) of the Act ITA Nos. 1447 and 1448/Bang/2017 ITA Nos. 1519 and 1520/Bang/2017

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

7,07,68,441 3,94,57,472 23,25,00,199 additional depreciation 5.5 It was also contended that assuming without admitting that additional depreciation is to be disallowed, the increase in business profits of EOU and SEZ units as a result of disallowance of additional depreciation is eligible for deduction under section

M/S. GOLDMAN SACHS SERVICES PRIVATE LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE-3, BANGALORE

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

Bench: Shri A.K. Garodia & Shri Pavan Kumar Gadaleit(Tp)A No.2355/Bang/2019 (Assessment Year: 2015-16) M/S. Goldman Sachs Services Pvt. Ltd., Wing A, B & C, Helios Business Park, 150, Orr, Kadubeesanahalli, Bangalore-560103 ….Appellant Pan Aaccg 2435N Vs. Joint Commissioner Of Income Tax, Special Range 3, Bangalore. ……Respondent.

disallowances under Section 14A and 80G of the Act and prayed for allowing the assessee appeal. Contra, the learned Departmental Representative objected to the submissions and supported the order of TPO and DRP and relied on the judicial decisions. 7. We heard the rival submissions and perused the material on record. The LdAr made submissions for exclusion of 3 comparables

M/S HONEYWELL TECHNOLOGY SOLUTIONS LAB PRIVATE LIMITED ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX SPECIAL RANGE-3 , BANGALORE

Bench: Shri Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2013-14

7. The next issue relates to the disallowance of Legal and Professional fees u/s 40(a)(i) of the Act. The AO noticed that the assessee has paid legal and professional fees to the tune of Rs.4,73,18,208/- to certain foreign legal firms as detailed below:- 1. Deloitee Tax LLP - 3,35,77,224 2. Fragomen

TEXO THE BUILDERS ,UDUPI vs. ACIT, CENTRAL CIRCLE-2, MANGALORE

In the result, we dismiss grounds raised by the assessee

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

7. In our opinion, there is little merit in this contention. Section 40-A(3) must not be read in isolation or to the exclusion of Rule 6-DD. The section must be read along with the rule. If read together, it will be clear that the provisions are not intended to restrict the business activities. There is no restriction

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

94,110/- Disallowance of 2018-19 25/1071845158(1) expenses under dated 03.01.2025 section 14A of the Income Tax Act (hereinafter called ‘the Act’) ITA Nos.723 to 727/Bang/2025 482 to 486/Bang/2025 Page 3 of 14 Ground Nos.3 and 4: 73,67,67,243/- Disallowance of interest on reserve fund 5. 727/Bang/2025 ITBA/NFAC/S/250/2024- Ground Nos.1

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

94,110/- Disallowance of 2018-19 25/1071845158(1) expenses under dated 03.01.2025 section 14A of the Income Tax Act (hereinafter called ‘the Act’) ITA Nos.723 to 727/Bang/2025 482 to 486/Bang/2025 Page 3 of 14 Ground Nos.3 and 4: 73,67,67,243/- Disallowance of interest on reserve fund 5. 727/Bang/2025 ITBA/NFAC/S/250/2024- Ground Nos.1

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

94,110/- Disallowance of 2018-19 25/1071845158(1) expenses under dated 03.01.2025 section 14A of the Income Tax Act (hereinafter called ‘the Act’) ITA Nos.723 to 727/Bang/2025 482 to 486/Bang/2025 Page 3 of 14 Ground Nos.3 and 4: 73,67,67,243/- Disallowance of interest on reserve fund 5. 727/Bang/2025 ITBA/NFAC/S/250/2024- Ground Nos.1

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

94,110/- Disallowance of 2018-19 25/1071845158(1) expenses under dated 03.01.2025 section 14A of the Income Tax Act (hereinafter called ‘the Act’) ITA Nos.723 to 727/Bang/2025 482 to 486/Bang/2025 Page 3 of 14 Ground Nos.3 and 4: 73,67,67,243/- Disallowance of interest on reserve fund 5. 727/Bang/2025 ITBA/NFAC/S/250/2024- Ground Nos.1

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

94,110/- Disallowance of 2018-19 25/1071845158(1) expenses under dated 03.01.2025 section 14A of the Income Tax Act (hereinafter called ‘the Act’) ITA Nos.723 to 727/Bang/2025 482 to 486/Bang/2025 Page 3 of 14 Ground Nos.3 and 4: 73,67,67,243/- Disallowance of interest on reserve fund 5. 727/Bang/2025 ITBA/NFAC/S/250/2024- Ground Nos.1