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) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Page 9 of 56 Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

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) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Page 9 of 56 Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

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) 497/Bang/2024 Filed but In ROI filed Limited 17 not offered u/s 148 IT(IT)A Nos.487 to 504/Bang/2024 & IT(IT)A Nos.541 to 546/Bang/2024 IBM Canada Limited & Others Page 9 of 56 Entity AY Section ITA No. ITR Offered to tax Category D: 270A case where original return under section 139(1) of the Act has been

SHRI S KRISHNA PRASAD ,BALLARI vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE, BELAGAVI

In the result, all the appeals of the assessee are treated as allowed

Bench: Shri B.R Baskaran & Shri Pavan Kumar Gadale

23 before the said date which will be considered before any such order is made under section 271AAB.” The Ld A.R submitted that the provisions of sec.271(1)(c) are not applicable to assessment years 2013-14 and 2014-15. However, the AO was not sure as to whether he has initiated penalty proceedings u/s 271

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 Act (i. e,\nwhether for concealment of income or for furnishing of inaccurate\nparticulars) was not discernible from the penalty orders.\n4.4.3 With respect to penalty levied under section 270A (AY 2017-18\nto AY 2019-20) of the Act, the following specific submissions /\ncontentions were made before the CIT(A):\na) Substantiating the ‘bonafide

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 Act (i. e,\nwhether for concealment of income or for furnishing of inaccurate\nparticulars) was not discernible from the penalty orders.\n4.4.3 With respect to penalty levied under section 270A (AY 2017-18\nto AY 2019-20) of the Act, the following specific submissions /\ncontentions were made before the CIT(A):\na) Substantiating the ‘bonafide

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 Act (i. e,\nwhether for concealment of income or for furnishing of inaccurate\nparticulars) was not discernible from the penalty orders.\n4.4.3 With respect to penalty levied under section 270A (AY 2017-18\nto AY 2019-20) of the Act, the following specific submissions /\ncontentions were made before the CIT(A):\na) Substantiating the ‘bonafide

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 Act (i. e,\nwhether for concealment of income or for furnishing of inaccurate\nparticulars) was not discernible from the penalty orders.\n4.4.3 With respect to penalty levied under section 270A (AY 2017-18\nto AY 2019-20) of the Act, the following specific submissions /\ncontentions were made before the CIT(A):\na) Substantiating the ‘bonafide

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

271(1)(c) of the Act (i. e,\nwhether for concealment of income or for furnishing of inaccurate\nparticulars) was not discernible from the penalty orders.\n4.4.3 With respect to penalty levied under section 270A (AY 2017-18\nto AY 2019-20) of the Act, the following specific submissions /\ncontentions were made before the CIT(A):\na) Substantiating the ‘bonafide

IBM CANADA 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 Act (i. e,\nwhether for concealment of income or for furnishing of inaccurate\nparticulars) was not discernible from the penalty orders.\n4.4.3 With respect to penalty levied under section 270A (AY 2017-18\nto AY 2019-20) of the Act, the following specific submissions /\ncontentions were made before the CIT(A):\na) Substantiating the ‘bonafide

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

271(1)(c) of the Income-tax Act, 1961 [the Act], the ld. AR submitted that penalty in this case was levied on the following issues:- (i) Export proceeds were not realized within the time prescribed u/s. 10A of the Act. As such, penalty levied on the amount of Rs.12,86,23,096 to the extent

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 Act (i. e,\nwhether for concealment of income or for furnishing of inaccurate\nparticulars) was not discernible from the penalty orders.\n4.4.3 With respect to penalty levied under section 270A (AY 2017-18\nto AY 2019-20) of the Act, the following specific submissions /\ncontentions were made before the CIT(A):\na) Substantiating the ‘bonafide

ASSISTANT COMMISSIONER OF INCOME TAX (E) CIRCLE-1 , BANGALORE vs. M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY , BELGAVI

In the result, the assessee’s cross objections for Assessment Years

Bench: Shri N. V. Vasudevanand Shri Jason P. Boaz

penalty u/s. 271(1)(c) on mere denial of exemption under Clause (iiiab) of section 10(23)C was unwarranted

ASSISTANT COMMISSIONER OF INCOME TAX (E) CIRCLE-1 , BANGALORE vs. M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY , BELAGAVI

In the result, the assessee’s cross objections for Assessment Years

Bench: Shri N. V. Vasudevanand Shri Jason P. Boaz

penalty u/s. 271(1)(c) on mere denial of exemption under Clause (iiiab) of section 10(23)C was unwarranted

ASSISTANT COMMISSIONER OF INCOME TAX (E) CIRCLE-1 , BANGALORE vs. M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY , BELAGAVI

In the result, the assessee’s cross objections for Assessment Years

Bench: Shri N. V. Vasudevanand Shri Jason P. Boaz

penalty u/s. 271(1)(c) on mere denial of exemption under Clause (iiiab) of section 10(23)C was unwarranted

ASSISTANT COMMISSIONER OF INCOME TAX (E) CIRCLE-1 , BANGALORE vs. M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY , BELAGAVI

In the result, the assessee’s cross objections for Assessment Years

Bench: Shri N. V. Vasudevanand Shri Jason P. Boaz

penalty u/s. 271(1)(c) on mere denial of exemption under Clause (iiiab) of section 10(23)C was unwarranted

ASSISTANT COMMISSIONER OF INCOME TAX (E) CIRCLE-1 , BANGALORE vs. M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY , BELAGAVI

In the result, the assessee’s cross objections for Assessment Years

Bench: Shri N. V. Vasudevanand Shri Jason P. Boaz

penalty u/s. 271(1)(c) on mere denial of exemption under Clause (iiiab) of section 10(23)C was unwarranted

ASSISTANT COMMISSIONER OF INCOME TAX (E) CIRCLE-1 , BANGALORE vs. M/S VISVESVARAYA TECHNOLOGICAL UNIVERSITY , BELAGAVI

In the result, the assessee’s cross objections for Assessment Years

Bench: Shri N. V. Vasudevanand Shri Jason P. Boaz

penalty u/s. 271(1)(c) on mere denial of exemption under Clause (iiiab) of section 10(23)C was unwarranted