DCIT, BANGALORE vs. M/S CISCO SYSTEMS INDIA PVT. LTD.,, BANGALORE

In the result, the Revenue’s appeal as well as Assessee’s appeal are partly allowed for statistical purposes

15A. The learned Assessing Officer has erred in making a reference to the TPO without recording a finding that he considers it 'necessary or expedient' to do so as required under section 92CA(1) of the Act, hence the reference made by the Ld AO to TPO suffers from jurisdictional error. 15B. The Learned AO has erred

CISCO SYSTEMS (INDIA) PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the Revenue’s appeal as well as Assessee’s appeal are partly allowed for statistical purposes

15A. The learned Assessing Officer has erred in making a reference to the TPO without recording a finding that he considers it 'necessary or expedient' to do so as required under section 92CA(1) of the Act, hence the reference made by the Ld AO to TPO suffers from jurisdictional error. 15B. The Learned AO has erred

HEWLETT PACKARD (INDIA) SOFTWARE OPERATION PRIVATE LIMITED,2016-17 vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.213/Bang/2021 Assessment Year: 2016-17

section 92B, with retrospective IT(TP)A No.213/Bang/2021 M/s. Hewlett Packard (India) Software Operation Pvt. Ltd., Bangalore Page 49 of 73 effect from 1.4.2002 and sub-clause (c) of clause (i) of this Explanation provides that: (i) the expression "international transaction" shall include— . . . . . (c) capital financing, including any type of longterm or short-term borrowing, lending or guarantee, purchase

GLOBAL E-BUSINESS OPERATIONS PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5(3)(2), BANGALORE

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

Bench: Shri Chandra Poojari & Shri George George K.

section 37 of the Act — INR 7,29,00,000 2.1. The Learned AO and Honorable DRP have erred in law and on facts, in disallowing the expenditure on ESOP of INR 7,29,00,000 under section 37 of the Act without appreciating the submissions furnished by the Appellant. 2.2. The Learned AO and Honorable DRP have

DY.DIRECTOR OF INCOME - TAX,, BANGALORE vs. M/S. KING FISHER AIRLINES LTD,, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

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

68 hrs) -July'07 9,58,188 7 20.03.2008 A-320 full flight simulator usage - Dec'07 6,79,560 Total 67,12,822 39. The CIT(A) directed the AO to reduce the above sums from the total and consider the balance as fees for technical services liable for tax deduction u/s 195 and is directed

DY.DIRECTOR OF INCOME - TAX,, BANGALORE vs. M/S. KING FISHER AIRLINES LTD,, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

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

68 hrs) -July'07 9,58,188 7 20.03.2008 A-320 full flight simulator usage - Dec'07 6,79,560 Total 67,12,822 39. The CIT(A) directed the AO to reduce the above sums from the total and consider the balance as fees for technical services liable for tax deduction u/s 195 and is directed

KINGFISHER AIRLINES LTD,BANGALORE vs. DDIT, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

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

68 hrs) -July'07 9,58,188 7 20.03.2008 A-320 full flight simulator usage - Dec'07 6,79,560 Total 67,12,822 39. The CIT(A) directed the AO to reduce the above sums from the total and consider the balance as fees for technical services liable for tax deduction u/s 195 and is directed

KINGFISHER AIRLINES LTD,BANGALORE vs. DDIT, BANGALORE

In the result, the appeals by the revenue are dismissed while the appeals by the Assessee are allowed

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

68 hrs) -July'07 9,58,188 7 20.03.2008 A-320 full flight simulator usage - Dec'07 6,79,560 Total 67,12,822 39. The CIT(A) directed the AO to reduce the above sums from the total and consider the balance as fees for technical services liable for tax deduction u/s 195 and is directed

EIT SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Smt. Beena Pillai

68. Admittedly the onsite revenue in the case of the following comparable companies identified by the Assessee was more than 75% of its export revenues viz., a) Visu International Ltd. b) Maars Software International Ltd. c) Akshay Software Technologies Ltd. d) VJIL Consulting Ltd. e) Synfosys Business Solutions Ltd. The above companies were therefore rightly not considered as comparable