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

section 197, in respect to deductibility of tax on similar receipts - The CIT(A) highlighted that section 195(2) and section 197 of the Act are in the nature of safeguard sections to make sure that taxes are rightfully deducted on payments. - The CIT(A) has thereafter contended that the Assessee has not availed any of the safeguards and basis

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

section 197, in respect to deductibility of tax on similar receipts - The CIT(A) highlighted that section 195(2) and section 197 of the Act are in the nature of safeguard sections to make sure that taxes are rightfully deducted on payments. - The CIT(A) has thereafter contended that the Assessee has not availed any of the safeguards and basis

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

section 197, in respect to deductibility of tax on similar receipts - The CIT(A) highlighted that section 195(2) and section 197 of the Act are in the nature of safeguard sections to make sure that taxes are rightfully deducted on payments. - The CIT(A) has thereafter contended that the Assessee has not availed any of the safeguards and basis

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

section 197, in respect to deductibility of tax on similar receipts - The CIT(A) highlighted that section 195(2) and section 197 of the Act are in the nature of safeguard sections to make sure that taxes are rightfully deducted on payments. - The CIT(A) has thereafter contended that the Assessee has not availed any of the safeguards and basis

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis of seized documents

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis of seized documents

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

u/s 147 for the assessment year under consideration and consequent\nassessment order passed for AY 2007-08 as unsustainable.\n\n8. From the order of the learned CIT(A) the revenue filed appeal\nbefore the Income Tax Appellate Tribunal.\n\n9. The learned Departmental Representative (DR) relied on the\norder of the AO and submitted that on the basis

ARUN DURAISWAMY,MYSORE, KARNATAKA vs. ITO, INTL. TAXATION WARD 1(1), BANGALORE

In the result the appeal filed by the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubey

reassessment 2,90,654/- proceedings were initiated by an Income Tax (excluding Authority who had no jurisdiction over the interest) Appellant. 3. Without prejudice to ground no 2 and assuming without admitting that the proceedings were validly initiated, the order of Same as above the Ld. AO and the order of the Ld DRP under whose directions the impugned assessment

KARNATAKA BANK LTD,MANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, MANGALORE

Appeals of the revenue are partly allowed for statistical purposes

reassess under Section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under Section 154, for any assessment year beginning on or before the 1st day of April 2001.\n\n9. From perusal of Section 14A of the Act, it is evident that for the purposes

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

147 of the Act.\nCategory F: 270A case where original return under section 139(1)\nof the Act has been filed and receipts were offered to tax during\nthe course of assessment proceedings\nObservation of the CIT(A)\nThe CIT(A) has rejected the submission of\nIBM in respect of discrepancies under\nwhich limb penalty is levied, basis the\nbelow

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

u/s 273B was applied\nbased on the facts of that case.\n(Page 17-18 of the CIT(A) order)\nThe contention that the explanations of\nthe Assessee are not bonafide merely\nbecause receipts were offered in the 148\nreturn.\nThe Assessee had bonafide reasons to not\noffer receipts to tax under section 139\nbasis the IBM Corporation's order

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

147 of the Act.\n\nPage 46 of 56\nIT(IT)A Nos.487 to 504/Bang/2024 &\nIT(IT)A Nos.541 to 546/Bang/2024\nIBM Canada Limited & Others\nObservation of the CIT(A)\nand receipt were offered to tax only after\na notice under section 148 of the Act\nwas issued, initiating the reassessment\nproceedings.\nThe CIT(A) has distinguished the facts

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

The appeals of the assessees are allowed

u/s 273B was applied\nbased on the facts of that case.\n(Page 17-18 of the CIT(A) order)\nThe contention that the explanations of\nthe Assessee are not bonafide merely\nbecause receipts were offered in the 148\nreturn.\nThe Assessee had bonafide reasons to not\noffer receipts to tax under section 139\nbasis the IBM Corporation's order

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1), MANGALURU, MANGALURU vs. KARNATAKA BANK LTD., MANGALURU

In the result, the appeal of the revenue for AYs 2016-17 and\n2017-18 are partly allowed for statistical purposes

reassess under Section 147 or pass an\norder enhancing the assessment or reducing a refund already\nmade or otherwise increasing the liability of the assessee under\nSection 154, for any assessment year beginning on or before the\n1st day of April 2001.\n9. From perusal of Section 14A of the Act, it is evident that for\nthe purposes of computing

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

u/s 273B was applied\nbased on the facts of that case.\n(Page 17-18 of the CIT(A) order)\nThe contention that the explanations of\nthe Assessee are not bonafide merely\nbecause receipts were offered in the 148\nreturn.\nThe Assessee had bonafide reasons to not\noffer receipts to tax under section 139\nbasis the IBM Corporation's order

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

section 195(2)/ 197 of the\nAct are not mandatory and therefore the\nAO cannot be expected to seek recourse\nto the same.\nPage 47 of 56\nIT(IT)A Nos.487 to 504/Bang/2024 &\nIT(IT)A Nos.541 to 546/Bang/2024\nIBM Canada Limited & Others\nObservation of the CIT(A)\nThe CIT(A) also highlighted that in\nAbbey's case, the Assessee

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

147 of the Act.\nCategory F: 270A case where original return under section 139(1)\nof the Act has been filed and receipts were offered to tax during\nthe course of assessment proceedings\nObservation of the CIT(A)\nThe CIT(A) has rejected the submission of\nIBM in respect of discrepancies under\nwhich limb penalty is levied, basis the\nbelow

IBM CHINA HONG KONG LIMITED,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

section\n195(2) and section 197 of the Act are\nin the nature of safeguard sections to\nmake sure that taxes are rightfully\ndeducted on payments.\nRebuttal to the CIT(A)'s observations\nProvisions of section 195(2)/ 197 of the\nAct are not mandatory and therefore the\nAO cannot be expected to seek recourse\nto the same.\nTherefore