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

housing projects or a ship in Nava Sheva. Ownership of a ship per se will not attract Section 80-/B (6). It is the profits arising from the business of a ship which attracts sub-section (6). In other words, deduction under sub-section (6) at the specified rate has linkage to the profits derived from the shipping operations. This

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

391 ITR 218 held that only expenditure incurred to earn exempt income should be disallowed and expenditure incurred to protect, preserve, IT(TP)A No.735/Bang/2018 & M/s. Infosys Limited, Bangalore Page 10 of 85 maintain and utilize the tax free investment should not be disallowed under section 14A. • Infosys Ltd is a fully owned subsidiary of the appellant. Investment in shares

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

391 ITR 218 held that only expenditure incurred to earn exempt income should be disallowed and expenditure incurred to protect, preserve, IT(TP)A No.735/Bang/2018 & M/s. Infosys Limited, Bangalore Page 10 of 85 maintain and utilize the tax free investment should not be disallowed under section 14A. • Infosys Ltd is a fully owned subsidiary of the appellant. Investment in shares

ACIT, BANGALORE vs. SHRI. DILIP RANJREKAR, BANGALORE

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazthe Asst. Commissioner Of Income-Tax, Circle-1(2)(1), Bengaluru. . Appellant Vs. Shri Dilip Ranjrekar, No.6B, Nitesh Mayfair, 31, Kasturba Road Cross, Bengaluru. . Respondent Pan No. – Aanpr4015M.

391/- 2.2 Aggrieved by the order of assessment dated 19/2/2015 for asst. year 2012-13, the assessee preferred an appeal before the CIT(A) - 1, Bangalore. The ld CIT(A) disposed the assessee’s appeal vide order dated 28/1/2016 allowing partial relief. In this ITA No.858/B/16 & CO 28/B/17 3 order, inter alia, the ld CIT(A) deleted the addition made

ARADHYA STEEL WIRES PVT LTD.,,DAVANGERE vs. DCIT, DAVANGERE

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazthe Asst. Commissioner Of Income-Tax, Circle-1(2)(1), Bengaluru. . Appellant Vs. Shri Dilip Ranjrekar, No.6B, Nitesh Mayfair, 31, Kasturba Road Cross, Bengaluru. . Respondent Pan No. – Aanpr4015M.

391/- 2.2 Aggrieved by the order of assessment dated 19/2/2015 for asst. year 2012-13, the assessee preferred an appeal before the CIT(A) - 1, Bangalore. The ld CIT(A) disposed the assessee’s appeal vide order dated 28/1/2016 allowing partial relief. In this ITA No.858/B/16 & CO 28/B/17 3 order, inter alia, the ld CIT(A) deleted the addition made

LATE SMT.K.LEELAVATHY BY L/R SHRI M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

In the result, all the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Co-operative Society (‘VBEHCS’). As a result, proceedings under section 153C of the Income- tax Act, 1961 (‘the Act’) were initiated in the Appellant’s case. 4. From the return of income, the AO noted that the Appellant has claimed the income arising from sale of agricultural lands as exempt. It was submitted that the agricultural lands are located

LATE SMT.K.LEELAVATHY, BY L/R SHRI M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

In the result, all the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Co-operative Society (‘VBEHCS’). As a result, proceedings under section 153C of the Income- tax Act, 1961 (‘the Act’) were initiated in the Appellant’s case. 4. From the return of income, the AO noted that the Appellant has claimed the income arising from sale of agricultural lands as exempt. It was submitted that the agricultural lands are located

LATE SMT.K.LEELAVATHY BY L/R SHRI M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

In the result, all the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Co-operative Society (‘VBEHCS’). As a result, proceedings under section 153C of the Income- tax Act, 1961 (‘the Act’) were initiated in the Appellant’s case. 4. From the return of income, the AO noted that the Appellant has claimed the income arising from sale of agricultural lands as exempt. It was submitted that the agricultural lands are located

LATE SMT.K>LEELAVATHY BY L/R SHRI.M.THIMMEGOWDA ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE

In the result, all the appeals by the assessee are partly allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

Housing Co-operative Society (‘VBEHCS’). As a result, proceedings under section 153C of the Income- tax Act, 1961 (‘the Act’) were initiated in the Appellant’s case. 4. From the return of income, the AO noted that the Appellant has claimed the income arising from sale of agricultural lands as exempt. It was submitted that the agricultural lands are located

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

In the result, appeal by the Assessee is allowed and the appeal by the Revenue is dismissed

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

391. Thus, the assessee-company sustained a loss of Rs. 27,02,398 but it did not claim that loss in the return on the ground that the transfer in question was made to its own subsidiary. The ITO valued the shares transferred by the assessee-company to its subsidiary at the market rate and on that basis came

WIPRO LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

property of assessee and Spreadtrum under the Settlement Agreement. This is clear from the term "Independently Owned IPR" as understood under the Settlement Agreement which means background IPR which in turn means that is owned or controlled by a party existing prior to the beginning of the joint development project or resulting from activities which are independent from and concurrent

M/S. WIPRO LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.2556/Bang/2019 Assessment Year : 2015-16

property of assessee and Spreadtrum under the Settlement Agreement. This is clear from the term "Independently Owned IPR" as understood under the Settlement Agreement which means background IPR which in turn means that is owned or controlled by a party existing prior to the beginning of the joint development project or resulting from activities which are independent from and concurrent

M/S. HANUMANTHAPPA CHANDRASHEKAR,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 3(2)(1), BANGALORE

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

Bench: Shri Chandra Poojari

391], (Forward Construction Co.) the Apex court found fault with the High Court in holding that the earlier judgment would not operate as res judicata as one of the grounds taken in the subsequent petition was conspicuous by its absence in the earlier petition. Explanation IV to Section 11 CPC was relied upon to observe that any matter which might

VAIDYA SRIKANTAPPA SADASHIVAIAH SRIKANTH,BANGALORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BANGALORE- 1, , BANGALORE

Bench: Shri Chandra Poojari & Shri Keshav Dubey

property acquired by KIADB for BMRCL project falls u/s 46 of RFCTLARR Act, 2013, as such exemption cannot be granted to the assessee. In support of the above contention, the learned DR relied on the judgment of the Hon'ble Karnataka High Court in the case of Sri.Ananthaswamy v. The State of Karnataka & Ors. in WP No.1451 of 2018 (judgment

M/S. S. RAMASHANDRA SETTY & SONS,HASSAN vs. INCOME TAX OFFICER, WARD-1 , HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development Company Vs. DCIT (274 CTR 122), wherein held as follows:- “10. Section 153A of the Act starts with a non obstante clause. The fetters imposed upon the Assessing Officer by the strict procedure to assume jurisdiction to reopen the assessment under Sections 147 and 148, have been removed by the non obstante clause with which sub-section

INCOME TAX OFFICER W 1, HASSAN vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development Company Vs. DCIT (274 CTR 122), wherein held as follows:- “10. Section 153A of the Act starts with a non obstante clause. The fetters imposed upon the Assessing Officer by the strict procedure to assume jurisdiction to reopen the assessment under Sections 147 and 148, have been removed by the non obstante clause with which sub-section

INCOME TAX OFFICER, W-1, VIJAYANAGAR vs. RAMACHANDRA SETTY AND SONS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development Company Vs. DCIT (274 CTR 122), wherein held as follows:- “10. Section 153A of the Act starts with a non obstante clause. The fetters imposed upon the Assessing Officer by the strict procedure to assume jurisdiction to reopen the assessment under Sections 147 and 148, have been removed by the non obstante clause with which sub-section

INCOME TAX OFFICER WARD-1 HASSAN, HASSAN vs. RAMACHANDRA SETTY AND SONGS, HASSAN

In the result, appeal of the assessee in ITA

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Housing Development Company Vs. DCIT (274 CTR 122), wherein held as follows:- “10. Section 153A of the Act starts with a non obstante clause. The fetters imposed upon the Assessing Officer by the strict procedure to assume jurisdiction to reopen the assessment under Sections 147 and 148, have been removed by the non obstante clause with which sub-section