MR. JITENDRA KUMAR NAHATA,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX (OSD), CIRCLE-6(1)(1) REPRESENTED BY ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGALORE

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

Bench: Shri George George K & Shri Laxmi Prasad Sahuassessment Year : 2017-18

80A(5) and 80AC, it emerges that to make a claim u/s 801A, the assessee is simply required to file the return of income u/s 139(1) and the claim can be made in the Page 8 of 19 revised return of income also i.e. there is no bar for making the claim even in the return of income filed

BHAVASAR NAMDEV SIMPI SAMAJ SAHAKAR SANGH LTD,DANDELI vs. INCOME TAX OFFICER, HUBLI

In the result, we partly allow the appeal of the assessee

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year : 2017-18

1,68,438/- and ld. AR of the assessee submitted that the assessee was not required to file return of income because of its Page 6 of 8 income below the threshold limit of tax and assessee is eligible for deduction under section 80P(2). We reject this arguments of the ld. AR since the deduction can be claimed

D.C.I.T., BANGALORE vs. M/S SAP LABS INDIA PVT. LTD.,, BANGALORE

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

80A(4) of the Act, would apply only to profit linked deductions. There can be no dispute that deduction under Section 10A of the Act, is profit linked. In so far as Page 25 of 29 IT(TP)A Nos. 561 & 437/Bang/2015 deduction u/s.80JJA is concerned, a look at sub-section (1) of the said section

M/S SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

In the result appeal filed by the assessee stands partly allowed and appeal filed by the revenue stands dismissed

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 561/Bang/2015 Assessment Year : 2010-11 M/S. Sap Labs India Pvt. Ltd., The Deputy No. 138, Export Promotion Commissioner Of Industrial Park, Income Tax, Whitefield, Circle – 6 (1)(1), Bangalore – 560 066. Bangalore. Vs. Pan: Aafcs3649P Appellant Respondent & It(Tp)A No. 437/Bang/2015 (By Revenue) : Shri Aliasgar Rampurawala, Assessee By Ca Revenue By : Shri Arun Kumar, Cit Dr Date Of Hearing : 20-06-2022 Date Of Pronouncement : 28-07-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee As Well As Revenue Against Final Assessment Order Dated 29.01.2015 Passed By The Ld.Dcit, Circle – 6(1)(2), Bangalore For Assessment Year 2010-11 On Following Consolidated Grounds Of Appeal. Assessee’S Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another.

80A(4) of the Act, would apply only to profit linked deductions. There can be no dispute that deduction under Section 10A of the Act, is profit linked. In so far as Page 25 of 29 IT(TP)A Nos. 561 & 437/Bang/2015 deduction u/s.80JJA is concerned, a look at sub-section (1) of the said section

SHREE JAGADGURU MOUNESHWAR PATTIN SAHAKARI SANGH NIYAMIT KERUR,BAGALKOT, KARNATAKA vs. INCOME TAX OFFICER, WARD 1, BAGALKOT

In the result, the appeal of the assessee is partly allowed for\nstatistical purpose

sections": ["68", "115BBE", "80P", "80A(5)", "139", "142(1)", "69A", "80AC"], "issues": "Whether cash deposits in SBNs during demonetisation

BELVE VYAVASAYA SEVA SAHAKARI SANGHA LIMITED,UDUPI vs. INCOME TAX OFFICER, WARD-2, UDUPI

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

80A(5), the claim for deduction under section 80P could be made by an assessee in a return filed within the time prescribed for filing such returns under any of the above provisions. The amendment to Section 80AC with effect from 1-4-2018, however, mandated that for an assessee to get a deduction under section

BELVE VYAVASAYA SEVA SAHAKARI SANGHA LIMITED ,UDUPI vs. INCOME TAX OFFICER, WARD-2, UDUPI

In the result, both the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

80A(5), the claim for deduction under section 80P could be made by an assessee in a return filed within the time prescribed for filing such returns under any of the above provisions. The amendment to Section 80AC with effect from 1-4-2018, however, mandated that for an assessee to get a deduction under section

M/S. SHRI MAHISHASURAMARDINI URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED,HAVERI vs. INCOME TAX OFFICER, WRD-1, HAVERI

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

Bench: Shri Chandra Poojari

80A would operate by itself. In cases where returns have been filed, the question of exemptions or deductions referable to section 80P would definitely have to be considered and granted if eligible. 20. Here, questions would arise as to whether belated returns filed beyond the period stipulated under section 139(1) or section 139(4) as well

INFOSYS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

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

1 is general in nature & does not require any adjudication. 7. The ground No 2 deals with eligibility of deduction under section 10AA of the Act in respect of gain on forward contracts and certain interest incomes pertaining to SEZ units established by the assessee for which a claim was made before the AO during the proceedings under section

M/S. ALLSTATE INDIA PRIVATE LIMITED ,BENGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(1), BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year: 2018-19

68,037/- on the Short Term Deposits made by it to the tune of Rs. 6,46,88,606/- out of its Surplus Funds temporarily parked in the Current Account held in Citi Bank, Hong Kong and also earned interest of Rs. 6,02,309/- from the Advances of loans to its staff members. The deduction in respect of both

SRITHERUMALLESHWARA CO-OPERATIVE SOCIETY ,CHITRADURGA vs. INCOME-TAX OFFICER, WARD-1, , CHITRADURGA

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

Bench: Shri Narender Kumar Choudhry & Shri Laxmi Prasad Sahuassessment Year : 2017-18

1 of PB. It is clear from the details that the assessee has accepted cash from 43 members. A similar issue has been decided by the coordinate Bench in ITA No.329/Bang/2023 for AY 2017-18 dated 24.08.2023 in which it has been held as under:- “7. We have considered the rival submissions. The assessee is a credit co-operative society

M/S INFOSYS LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

In the result, the appeal filed by the assessee stands partly allowed

Bench: Shri Chandra Poojaria & Smt. Beena Pillaiassessment Appeal No. Appellant Respondent Year M/S. Infosys Ltd., The Assistant Electronic City, Commissioner It(Tp)A No. Hosur Road, Of Income Tax, 2012-13 718/Bang/2017 Bangalore – 560 Circle – 100. 3(1)(1), Pan: Bangalore. Aaaci4798L : Shri Padamchand Khincha, Assessee By Ca : Shri K.V. Arvind & Shri Dilip, Revenue By Standing Counsels For Dept. Date Of Hearing : 15-09-2022 Date Of Pronouncement : 28-11-2022 Order Per Beena Pillaipresent Appeal Arises Out Of Final Assessment Order Dated 28/02/2017 Passed By The Ld.Acit, Circle – 3(1)(1), Bangalore For A.Y. 2012-13 On Following Grounds Of Appeal: General & Legal Grounds 1. The Order Passed By The Learned Assessing Officer & The Directions Of Hon’Ble Drp To The Extent Prejudicial To The Appellant Is Bad In Law & Liable To Be Quashed. Grounds On Denial Of Deduction Claimed Under Section 10Aa In Respect Of 4 Sez Units Viz., Chennai – Unit 1, Chandigarh, Mangalore - Unit 1 & Pune Unit 1 2. The Learned Assessing Officer Has Erred In Denying Deduction Claimed Under Section 10Aa In The Return Of Income Totally Amounting To Rs. 2227,82,65,630 In Respect

section 10AA of the Act. Accordingly these grounds raised by the assessee stands partly allowed. 16. Ground nos. 41 & 42 - Reduction of deduction under section 10AA in respect of pure onsite revenue 16.1 It was submitted that a software development project typically goes through the stages of requirement analysis, prototyping, design, pilots, programming, testing and installation and maintenance

KARNATAKA VIDYUTSHAKTI MANDALI NAUKARARA SAHAKARA SANGHA NIYAMITHA ,BHADRAVATHI vs. INCOME TAX OFFICER, WARD-1 & TPS , SHIMOGA

In the result, both these appeals of the assessee are dismissed

Bench: Shri Dipak P. Ripote & Shri Prakash Chand Yadav

1) of the Act and hence not entitled for deduction u/s 80P of the Act. 3. Aggrieved with the order of AO, the assessee filed appeal before the ld. CIT(A) and contended that assessee is entitled for deduction u/s 80P of the Act, even though the assessee has not filed the return of income in time. Before

KARNATAKA VIDYUTSHAKTI MANDALI NAUKARARA SAHAKARA SANGHA NIYAMITHA,BHADRAVATHI vs. INCOME TAX OFFICE, WARD-1 & TPS, SHIMOGA

In the result, both these appeals of the assessee are dismissed

Bench: Shri Dipak P. Ripote & Shri Prakash Chand Yadav

1) of the Act and hence not entitled for deduction u/s 80P of the Act. 3. Aggrieved with the order of AO, the assessee filed appeal before the ld. CIT(A) and contended that assessee is entitled for deduction u/s 80P of the Act, even though the assessee has not filed the return of income in time. Before

M/S SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. ADDL.CIT, BANGALORE

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

Bench: Shri. Sunil Kumar Yadav & Shri. Abraham P. Georgei.T(Tp).A No.1006/Bang/2011 (Assessment Year : 2007-08) M/S. Sap Labs India P. Ltd, No.138, Export Promotion Industrial Park, Whitefield, Bengaluru 560 066 .. Appellant Pan : Aafcs3649P

80A. As per the assessee, the said sub-section restricted only a claim which was linked to profit. As per the assessee, deduction u/s.80JJAA was not linked to profit. In any case, as per the assessee, additional wages paid by it during the year consisted of a sum of Rs.11,93,45,597/- to 383 new regular workman employed

M/S. WIPRO LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(2), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.2556/Bang/2019 Assessment Year : 2015-16

80A; (iii) any transfer of goods or services referred to in sub-section (8) of section 80-IA; IT(TP)A No.2556/Bang/2019 M/s. Wipro Limited, Bangalore Page 30 of 85 (iv) any business transacted between the assessee and other person as referred to in sub-section (10) of section 80-IA; (v) any transaction, referred

WIPRO LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahu

80A; IT(TP)A No.370/Bang/2021 Page 33 of 110 (iii) any transfer of goods or services referred to in sub-section (8) of section 80-IA; (iv) any business transacted between the assessee and other person as referred to in sub-section (10) of section 80-IA; (v) any transaction, referred to in any other section

M/S SAP LABS INDIA PRIVATE LIMITED,BANGALORE vs. ASST.C.I.T., BANGALORE

In the result, the appeal of the assessee is partly allowed while the appeal of the Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranit(Tp)A No. & Appellant Respondent Assessment Year 623/Bang/2016 The Assistant Commissioner Of M/S. Sap Lab Pvt. Ltd., 2011-12 Income Tax, 138, Export Promotion Circle - 6(1)(1), Industrial Park, Whitefield, Bengaluru. Bengaluru – 560 066. Pan : Aafcs 3649 P 566/Bang/2016 M/S. Sap Lab Pvt. Ltd., The Assistant Commissioner Of 2011-12 Bengaluru – 560 066. Income Tax, Pan : Aafcs 3649 P Circle - 6(1)(1), Bengaluru.

80A(4) of the Act, would apply only to profit linked deductions. There can be no dispute that deduction under Section 10A of the Act, is profit linked. In so far as deduction u/s.80JJA is concerned, a look at sub-section (1) of the said section is required, which is reproduced below : 80JJAA(1) : Where the gross

ASST.C.I.T., BANGALORE vs. M/S SAP LAB INDIA PVT. LTD.,, BANGALORE

In the result, the appeal of the assessee is partly allowed while the appeal of the Revenue is dismissed

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranit(Tp)A No. & Appellant Respondent Assessment Year 623/Bang/2016 The Assistant Commissioner Of M/S. Sap Lab Pvt. Ltd., 2011-12 Income Tax, 138, Export Promotion Circle - 6(1)(1), Industrial Park, Whitefield, Bengaluru. Bengaluru – 560 066. Pan : Aafcs 3649 P 566/Bang/2016 M/S. Sap Lab Pvt. Ltd., The Assistant Commissioner Of 2011-12 Bengaluru – 560 066. Income Tax, Pan : Aafcs 3649 P Circle - 6(1)(1), Bengaluru.

80A(4) of the Act, would apply only to profit linked deductions. There can be no dispute that deduction under Section 10A of the Act, is profit linked. In so far as deduction u/s.80JJA is concerned, a look at sub-section (1) of the said section is required, which is reproduced below : 80JJAA(1) : Where the gross