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

house property, profits and gains of business or profession, capital gains and income from other sources. Insofar as income under the head 'profits and gains of business or professions' is concerned, provisions thereto are contained in Sections 28 to 44DB of the Act. Section 28 specifies various incomes which shall be chargeable to income tax under this head. Thereafter, Section

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

housed in sections 28 to 44DB. Under section 28(i) the profits and gains of any business or profession carried on by the assessee at any time during the previous year is chargeable to tax. As per section 29, the income referred to in section 28 should be computed in accordance with the provisions contained in sections 30 to 43D

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

housed in sections 28 to 44DB. Under section 28(i) the profits and gains of any business or profession carried on by the assessee at any time during the previous year is chargeable to tax. As per section 29, the income referred to in section 28 should be computed in accordance with the provisions contained in sections 30 to 43D

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK ,BENGALURU vs. INCOME-TAX OFFICE, WARD-5(2)(1), BENGALURU

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME-TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. THE INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1) , BANGALORE

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD- 5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

THE KARNATAKA STATE CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK,BENGALURU vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, the appeals filed by the assessee stands partly\nallowed as indicated herinabove

housing etc. The Ld.AR submitted that the PCARD Banks\nare forwarding such loan applications along with technical and\nfinancial appraisal reports to the district officer of the assessee.\nThe amount required for the PCARD Banks for sanction of loans\ninvolved in such loan application is provided by the assessee to\nthe concerned PCARD Banks in the form of loans

INSTAKART SERVICES PRIVATE LIMITED ,BENGALURU vs. ACIT, CENTRAL CIRCLE-1(4), BENGALURU

In the result, the stay application dismissed as infructuous

43D of the\nAct. The AO has erred in treating the loss as notional and in comparing\nthe assessee with unrelated third-party logistics companies which are\nwell-established and not comparable to a new entrant in the e-\ncommerce sector. Further, the AO failed to appreciate that services\nobtained from third-party vendors form only part of the assessee

DCIT, CC-1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

In the result, the stay application dismissed as infructuous

43D of the\nAct. The AO has erred in treating the loss as notional and in comparing\nthe assessee with unrelated third-party logistics companies which are\nwell-established and not comparable to a new entrant in the e-\ncommerce sector. Further, the AO failed to appreciate that services\nobtained from third-party vendors form only part of the assessee

DCIT CC -1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

43D of the\nAct. The AO has erred in treating the loss as notional and in comparing\nthe assessee with unrelated third-party logistics companies which are\nwell-established and not comparable to a new entrant in the e-\ncommerce sector. Further, the AO failed to appreciate that services\nobtained from third-party vendors form only part of the assessee

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. JCIT, SPECIAL RANG-3, BANGALORE

Appeals of the revenue are dismissed

43D of the\nAct. The AO has erred in treating the loss as notional and in comparing\nthe assessee with unrelated third-party logistics companies which are\nwell-established and not comparable to a new entrant in the e-\ncommerce sector. Further, the AO failed to appreciate that services\nobtained from third-party vendors form only part of the assessee

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. ACIT, SPECIAL RANGE-3, BANGALORE

In the result appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

43D of the Act. The AO has erred in treating the loss as notional and in comparing the assessee with unrelated third-party logistics companies which are well-established and not comparable to a new entrant in the e- commerce sector. Further, the AO failed to appreciate that services obtained from third-party vendors form only part of the assessee

BROADCOM INDIA RESEARCH PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result the appeal by the Assessee is partly allowed

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

property transferred or services provided in either transaction; (b) the functions performed, taking into account assets employed or to be employed and the risks assumed, by the respective parties to the transactions; (c) the contractual terms (whether or not such terms are formal or in writing) of the transactions which lay down explicitly or implicitly how the responsibilities, risks