THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(1), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

penalty levied u/s 271(1)(c) of the Act. There was a delay of 346 days in filing the appeal before NFAC. The assessee filed a condonation petition before NFAC explaining the reasons for the inordinate delay in filing the appeal before NFAC and the NFAC has observed as follows: “5………………..The appellant has stated that this inordinate delay

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

penalty levied u/s 271(1)(c) of the Act. There was a delay of 346 days in filing the appeal before NFAC. The assessee filed a condonation petition before NFAC explaining the reasons for the inordinate delay in filing the appeal before NFAC and the NFAC has observed as follows: “5………………..The appellant has stated that this inordinate delay

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(2), BANGALORE

In the result, all the appeals of the assessee are dismissed

Bench: Shri Chandra Poojari & Shri Soundararajan K.

penalty levied u/s 271(1)(c) of the Act. There was a delay of 346 days in filing the appeal before NFAC. The assessee filed a condonation petition before NFAC explaining the reasons for the inordinate delay in filing the appeal before NFAC and the NFAC has observed as follows: “5………………..The appellant has stated that this inordinate delay

IBM DEUTSCHLAND GMBH,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(2)(1), BANGALORE

In the result, all the appeals of the assessees are allowed

271(1)(c) of the Income Tax Act,\n1961 (in short “The Act”) by NFAC and Sl.Nos.19 to 24 are with regard\nto sustaining penalty u/s 270A of the Act by NFAC arising out of\ndifferent orders of NFAC for the respective above assessment years.\n2. Facts of the case are that IBM is a multinational corporation,\nheadquartered

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2), BANGALORE

In the result, all the appeals of the assessees are allowed

271(1)(c) of the Income Tax Act,\n1961 (in short “The Act”) by NFAC and Sl.Nos.19 to 24 are with regard\nto sustaining penalty u/s 270A of the Act by NFAC arising out of\ndifferent orders of NFAC for the respective above assessment years.\n2. Facts of the case are that IBM is a multinational corporation,\nheadquartered

IBM AUSTRALIA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

In the result, all the appeals of the assessees are allowed

271(1)(c) of the Income Tax Act,\n1961 (in short \"The Act\") by NFAC and Sl.Nos.19 to 24 are with regard\nto sustaining penalty u/s 270A of the Act by NFAC arising out of\ndifferent orders of NFAC for the respective above assessment years.\n2. Facts of the case are that IBM is a multinational corporation,\nheadquartered

INCOME TAX OFFICER, WARD-7(2)(1), BENGALURU, BANGALORE vs. M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LIMITED , BANGALORE

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

deduction u/s. 80P(2)(d) of the Act. 13.12 The assessee also relied on the decision of Hon’ble Special Bench decision in ACIT v. Vireet Investments Ltd 58 ITR (Trib) 313 wherein it was held that when two contrary decisions are ITA Nos.2347 & 2348/Bang/2024 & CO Nos.4 & 5/Bang/2025 M/s. Bangalore Credit Co-operative Society Ltd., Bangalore Page

COMPAGNIE IBM FRANCE,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

In the result, all the appeals of the assessees are allowed

u/s 148 of the Act.\nName of the assessee\nITA No.\nAssessment\nyear\nIBM Corporation\n544/Bang/2024 | 2017-18\nIBM Netherland B V\n503/Bang/2024 | 2017-18\nIBM United Kingdom Limited\n498/Bang/2024 | 2017-18\nCategory ‘E’\nLevy of penalty u/s 270A of the Act where return u/s 139(1) of\nthe Act has not been filed. However, secondment related receipts\nwere offered

INCOME-TAX OFFICER, WARD-7(2)(1), BENGALURU, BENGALURU vs. M/S. BANGALORE CREDIT CO-OPERATIVE SOCIETY LIMITED, BENGALURU

In the result both the appeals of the Revenue as well as\nCos of the Assessee for the Asst

penalty was to be levied on the tax\nassessed under section 143 or as demanded under section 156 being tax assessed\nminus the amount paid under the provisional assessment order. The hon'ble\nSupreme Court before resorting to the interpretation of term in addition to the\namount of the tax, if any, payable by him as appearing in section 271

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE vs. SANTOSH SHIVAJI LAD, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2013-14

penalty u/s 271(1)(c). However, the AO has not brought anything on record to show that the act of the assessee in filing his return of income has been done with malafide intention or willful and deliberate furnishing of inaccurate particulars of income. The facts have been disclosed by the assessee and there was nothing which would point towards

IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION, CIRCLE-1(2)(1) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) of the Income Tax Act, 1961 (in short “The Act”) by NFAC and Sl.Nos.19 to 24 are with regard to sustaining penalty u/s 270A of the Act by NFAC arising out of different orders of NFAC for the respective above assessment years. 2. Facts of the case are that IBM is a multinational corporation, headquartered

IBM CORPORATION,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) of the Income Tax Act, 1961 (in short “The Act”) by NFAC and Sl.Nos.19 to 24 are with regard to sustaining penalty u/s 270A of the Act by NFAC arising out of different orders of NFAC for the respective above assessment years. 2. Facts of the case are that IBM is a multinational corporation, headquartered

IBM UNITED KINGDOM LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) of the Income Tax Act, 1961 (in short “The Act”) by NFAC and Sl.Nos.19 to 24 are with regard to sustaining penalty u/s 270A of the Act by NFAC arising out of different orders of NFAC for the respective above assessment years. 2. Facts of the case are that IBM is a multinational corporation, headquartered

IBM ISRAEL LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessees are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

271(1)(c) of the Income Tax Act, 1961 (in short “The Act”) by NFAC and Sl.Nos.19 to 24 are with regard to sustaining penalty u/s 270A of the Act by NFAC arising out of different orders of NFAC for the respective above assessment years. 2. Facts of the case are that IBM is a multinational corporation, headquartered

IBM CANADA LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION, CIRCLE-1(2) , BANGALORE

The appeals of the assessees are allowed

penalty u/s 270A of the Act where return u/s 139(1) of\nthe Act has been filed. However, secondment related receipts were\noffered to tax only in the return filed u/s 148 of the Act.\nName of the assessee\nITA No.\nAssessment\nyear\nIBM Corporation\n544/Bang/2024 | 2017-18\nIBM Netherland B V\n503/Bang/2024 | 2017-18\nIBM United Kingdom Limited\n498/Bang/2024

DCIT, CIRCLE 2(1)(1), BANGALORE, BANGALORE vs. EKA SOFTWARE SOLUTIONS PRIVATE LIMITED, BANGALORE

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

Bench: Shri George George K & Shri Chandra Poojarind Shri Laxmi Prasad Sahuassessment Year : 2011-12 Dcit, Vs. M/S. Eka Software Solutions Pvt. Ltd., Circle – 2(1)(1), Building 2A, East Tower, Bengaluru. Vrindavan Tech Village, Outer Ring Road, Devarbeesanhalli Village, Varthur Hobli, Bengaluru – 575 001. Pan : Aabce 3660 Q Appellant Respondent Assessee By : Shri. Ajay Rotti, Ca Revenue By : Ms. Neera Malhotra, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 14.02.2024 Date Of Pronouncement : 14.02.2024

u/s. 271(1)(c) of the I.T. Act, 1961 amounting to Rs. 2,12,32,907/-. The Grounds of Appeal are allowed. 6. Aggrieved by the Order of the CIT(A) deleting the penalty imposed of Rs.2,12,32,907/-, Revenue has filed the present appeal before the Tribunal. Learned DR strongly relied on the grounds raised. 7. The learned

NARAYANA HRUDAYALAYA LIMITED ,BENGALURU vs. ACIT, CIRCLE-2(3)(1), BANGALORE

In the result, the appeal by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year : 2012-13

deduction is denied to the assessee, there is no reason that penalty should have been levied u/s. 271(1)(c) for furnishing

IBM AUSTRALIA LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, INTERNATIONAL TAXATION-CIRCLE-1(2) , BANGALORE

In the result, all the appeals of the assessees are allowed

penalty u/s 270A of the Act where return u/s 139(1) of\nthe Act has been filed. However, secondment related receipts were\noffered to tax only in the return filed u/s 148 of the Act.\nName of the assessee\nITA No.\nAssessment\nyear\nIBM Corporation\n544/Bang/2024 | 2017-18\nIBM Netherland B V\n503/Bang/2024 | 2017-18\nIBM United Kingdom Limited\n498/Bang/2024

IBM ISRAEL LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX , INTERNATIONAL TAXATION-CIRCLE-1(2), BANGALORE

The appeals of the assessees are allowed

271(1)(c) of the Income Tax Act,\n1961 (in short \"The Act\") by NFAC and Sl.Nos.19 to 24 are with regard\nto sustaining penalty u/s 270A of the Act by NFAC arising out of\ndifferent orders of NFAC for the respective above assessment years.\n2. Facts of the case are that IBM is a multinational corporation,\nheadquartered