DASA SHETTY KANTHA,BANGALORE vs. ACIT CIRCLE 3(2)(1), BANGALORE, BANGALORE

In the result, the appeal of the assessee is partly allowed

194C of the Act. The learned AR contended that the\nview taken by AO that improvement of kitchen cabinet or interior work\nwas not mentioned in the sale deed, therefore the same is not allowable\nis unjustified and flawed for the reasoned there is no legal requirement\nfor showing such interior work in the sale deed. It is part

WIPRO GE HEALTHCARE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.291/Bang/2022 Assessment Year: 2017-18

Price received 8,70,35,80,565/- Shortfall 84,58,60,310/- 9.3 The ld. A.R. submitted that the adjustment made by the TPO of Rs. 84,58,60,310/- in the Software Development Segment has IT(TP)A No.291/Bang/2022 Wipro GE Healthcare Pvt. Ltd., Bangalore Page 42 of 64 been adopted by the AO in the Draft assessment order

WIPRO GE HEALTHCARE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

Bench: Shri Chandra Poojari & Shri Anikesh Banerjee

section 40(a)(ia) of the Act by concluding that the lease rentals, if treated to be as revenue expenses would be liable to Tax Deduction at Source ("TDS") under section 1941 of the Act, without Page 50 of 65 IT(TP)A No.285/Bang/2021 M/s. Wipro GE Healthcare Pvt. Ltd., Bangalore appreciating the fact that the expense does not warrant

INCOME-TAX OFFICER, WARD-1 , BELLARY vs. M/S. SOUTH WEST MINING LIMITED, BELLARY

In the result, appeal of the revenue is dismissed and CO filed by the assessee is dismissed

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2011-12 Ito M/S. South West Mining Limited Aayakar Bhavan Staff Road Vidya Nagar Fort Bellary Near Talur Cross Karnataka Toranagallu Vs. Bellary 583 201 Karnataka Pan No : Aafcs9792M Appellant Respondent C.O. No.4/Bang/2023 (Arising Out Of Ita No.457/Bang/2023) Assessment Year: 2011-12 M/S. South West Mining Limited Ito Vs. Bellary 583 201 Ward-1 Karnataka Bellary Appellant Respondent Assessee By : Shri Rakesh Joshi, A.R. Revenue By : Ms. Neera Malhotra, D.R. Date Of Hearing : 20.12.2023 Date Of Pronouncement : 08.02.2024 O R D E R Per Chandra Poojari: This Appeal By Revenue & Co By Assessee Are Directed Against The Order Of Nfac For The Assessment Year 2011-12 Dated 21.4.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Revenue In This Appeal Raised Following Ground: “Whether The Ld. Cit(A) Is Justified On The Facts Of The Case & In Law, In Deleting The Addition Of Rs.287.72 Crores Claimed Towards “Mine Development Expenditure” U/S 37(1) In The Computation Of Income Which Was Not Routed Through The Profit & Loss Account.”

Transfer Price at Rs.832.31 per metric ton was received by assessee in October, 2011. Therefore, the invoices were raised in respect of said lignite excavated during FY 2010-11 after that date i.e. October 2011. Both the expenses on mining operations and revenues on account of lignite excavated till completion of initial mine cut (as per the approved mine plan

M/S SCANIA COMMERCIAL VEHICLES INDIA PVT LTFD,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-6(1)(1), BANGALORE

The Appeal of the Assessee is allowed

Bench: Shri Prashant Maharishi, Vice – & Shri Keshav Dubey

transfer pricing by filing the revised grounds of appeal which are only with respect to the corporate tax matters. Therefore, now this appeal is alternate to corporate tax matters. 21. The Ground no. 1 is general in nature and therefore same is dismissed. 22. The Ground no. 2 is with respect of the disallowance

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. ACIT, SPECIAL RANGE-3, BANGALORE

In the result appeal of the Revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

transfers his goods to another trader at a price less than the market price and the transaction is a bona fide one, the taxing authority cannot take into account the market price of those goods, ignoring the real price fetched to ascertain the profit from the transaction. The Hon'ble Court explained that the only exception was if Section

MARVELL INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1), BENGALURU

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

Bench: Shri Waseem Ahmed & Shri Rahul Chaudharym/S. Marvell India Private Limited 10Th Floor, Tower D & E Global Technology Park, Marathahalli Outer Ring Road Devarabeesanahalli Village Varthurhobli Bangalore 560 103 ………. Appellant [Pan: Aaecm5559R]

transfer Agreement (BTA) had acquired business from the entities viz. Global Foundries Engineering Private Limited and Aquantia Semiconductors India Private Limited. Details of the same are tabulated as under: 4 Assessment Year 2020-2021 SNo Name of the Entity Date of BTA Amount of xx Goodwill 1 Global Foundries 05 Nov 2019 17,69,42,384 xx Engineering Private

HUBLI ELECTRICITY SUPPLY ,HUBBALLI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), HUBALLI

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

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

section 194C of the Act, Hubli Electricity Supply, Hubli Page 22 of 28 transmission of power from generation point to the point of customers amounts to carrying out of work in pursuance of the contract. Hence the assessee was required to deduct tax against payments made to KPTCL and SLDC towards transmission of power under the provisions

INSTAKART SERVICES PRIVATE LIMITED ,BENGALURU vs. ACIT, CENTRAL CIRCLE-1(4), BENGALURU

In the result, the stay application dismissed as infructuous

transfers his goods to another trader at a\nprice less than the market price and the transaction is a bona fide one, the\ntaxing authority cannot take into account the market price of those goods,\nignoring the real price fetched to ascertain the profit from the transaction. The\nHon'ble Court explained that the only exception was if Section

DCIT, CC-1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

In the result, the stay application dismissed as infructuous

transfers his goods to another trader at a\nprice less than the market price and the transaction is a bona fide one, the\ntaxing authority cannot take into account the market price of those goods,\nignoring the real price fetched to ascertain the profit from the transaction. The\nHon'ble Court explained that the only exception was if Section

INSTAKART SERVICES PRIVATE LIMITED,BANGALORE vs. JCIT, SPECIAL RANG-3, BANGALORE

Appeals of the revenue are dismissed

transfers his goods to another trader at a\nprice less than the market price and the transaction is a bona fide one, the\ntaxing authority cannot take into account the market price of those goods,\nignoring the real price fetched to ascertain the profit from the transaction. The\nHon'ble Court explained that the only exception was if Section

DCIT CC -1(4), BENGALURU, BENGALURU vs. INSTAKART SERVICES PVT LTD, BENGALURU

transfers his goods to another trader at a\nprice less than the market price and the transaction is a bona fide one, the\ntaxing authority cannot take into account the market price of those goods,\nignoring the real price fetched to ascertain the profit from the transaction. The\nHon'ble Court explained that the only exception was if Section

SRI. VISHWANATH KUNTAVALLI,THIRTHAHALLI vs. THE INCOME TAX OFFICER, WARD-4, SHIMOGA

In the result, the appeal filed by the assessee is allowed

194C in respect of all such payments. 3.2. The lower authorities being in possession of details of TDS made in the form of Form 27A filed by the Appellant are not justified in disallowing Rs.69,11,858/- under section 40(a)(ia). 4. Without prejudice to the above, treating the differential value of VAT of Rs.2,10,250/- as income