M/S DELL INTERNATIONAL SERVICES INDIA PVT LTD ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX (LTU) , BANGALORE

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

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.2835/Bang/2017 : Asst.Year 2013-2014 M/S.Dell International Services The Additional Commissioner India Private Limited Of Income-Tax (Ltu) V. Bangalore. Divyashree Greens, Sy.Nos.12/1, 12/2A & 13/1A,Challaghatta Village,Varthur Hobli Bengaluru – 560 071. Pan : Aaach1925Q. (Appellant) (Respondent) Appellant By : Sri.T.Suryanarayana, Advocate Respondent By : Sri.Praveen Karanth, Cit-Dr Date Of Pronouncement : 20.01.2023 Date Of Hearing : 13.01.2023 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 30.11.2017 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2013-2014. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company, Engaged In The Business Of Manufacturing & Trading In Computer Systems Including Support & Maintenance Services & Leasing Of Computers. For The Assessment Year 2013-2014, The Return Of Income Was Filed On 30.11.2013 Declaring Total Income Of Rs.22,31,24,760. The Assessment Was Selected For Scrutiny & Notice U/S 143(2) Of The I.T.Act Was Issued On 2 It(Tp)A No.2835/Bang/2017. M/S.Dell International Services India Private Limited. 11.09.2014. During The Course Of Assessment Proceedings, It Was Noticed That The International Transactions Entered By The Assessee With Its Associated Enterprises (Aes) Had Exceeded The Prescribed Limit, Hence, The Matter Was Referred To The Transfer Pricing Officer (Tpo) To Determine The Arm’S Length Price (Alp) Of The Said Transaction. The Tpo Passed Order U/S 92Ca Of The I.T.Act On 19.10.2016. In The Said Order, The Tpo Had Proposed Following Adjustments:-

transfer pricing segment was restored to the AO / TPO to examine whether the assesee had recovered expenditure incurred in respect of warranty services with the 27 IT(TP)A No.2835/Bang/2017. M/s.Dell International Services India Private Limited. mark-up of 5%. The relevant finding of the Tribunal in assessee’s own case for assessment year 2009-2010, which has confirmed

WEG INDUSTRIES (INDIA) PRIVATE LIMITED,BENGALURU vs. ASSESSING OFFICER, BMTC BUILDING

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

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2021-22

Transfer Pricing adjustment to the value of international transactions. 6. On the facts and circumstances of the case and in law, the Ld. TPO/Ld. AO/ Hon'ble DRP ought to have excluded following companies from the final set of comparables: i) Portescap India Pvt. Ltd. ii) Rexnord Electronics & Controls Ltd. iii) Premium Transmission Pvt. Ltd. iv) Remi Elektrotechnik

M/S. HYDRO BS INDIA PRIVATE LIMITED,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BENGALURU

The appeal of the assessee is partly allowed

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year: 2020-21

section 92C of Page 5 of 14 the Act and ground Nos. 3.3 & 3.4 are also general in nature, are not pressed, as no separate arguments are advanced, the same are dismissed. 6. Briefly stated the facts of the case show that assessee is a subsidiary of Hydro group providing ITeS services to its AE. It filed its return

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

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

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2014-15

transfer pricing adjustment and thereafter the draft assessment order was issued on 26.12.2017. The company filed a review application before ld. DRP on 25.1.2018 against the draft assessment order. The ld. DRP issued its direction vide an order dated 14.9.2018. The TPO accordingly issued an order giving effect to ld. DRP’s direction. Finally, the assessment proceedings

SMT SUSHAMA RAJESH RAO ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(2)(1) , BANGALORE

In the result, appeal of the assessee is allowed

Bench: Shri Prashant Maharishi & Shri Soundararajan Kassessment Year: 2012-13 Sushama Rajesh Rao, Vs. The Deputy Commissioner No.159, Priyadarshani, R. T. Nagar, Of Income Tax, Mla Layout, Circle – 6(2)(1), Bangalore – 560 032. Bangalore. Pan : Acypr 5251 J Appellant Respondent Appellant By : Shri. V. Chandrashekar, Advocate Respondent By : Shri. Muthu Shankar, Cit(Dr)(Itat), Bangalore. Date Of Hearing : 23.07.2025 Date Of Pronouncement : 18.08.2025

price was also disturbed. The learned CIT(A), in paragraph No.6.2.4 confirmed applicability of provisions of section 50C of the Act and recalculation of cost of acquisition. Thus, the addition of Rs.8,36,25,000/- to the total income of the assessee was confirmed. This issue is under challenge before us. 9. The learned AR has stated that he would

TRISHUL BUILDTECH INFRASTRUTURE (P) LTD.,,BANGALORE vs. JCIT, BANGALORE

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

239 (SC) wherein it has been held that income has to be assessed in the hands of the right person and assessing the same in the hands of the wrong person does not exonerate assessing the same income in the hands of the right person. Therefore, it is essential that income has to be assessed and taxed in the hands

TRISHUL BUILDTECH INFRASTRUCTURE (P) LTD.,,BANGALORE vs. JCIT, BANGALORE

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

239 (SC) wherein it has been held that income has to be assessed in the hands of the right person and assessing the same in the hands of the wrong person does not exonerate assessing the same income in the hands of the right person. Therefore, it is essential that income has to be assessed and taxed in the hands

TRISHUL BUILDTECH INFRASTRUCTURE (P) LTD.,,BANGALORE vs. JCIT, BANGALORE

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

239 (SC) wherein it has been held that income has to be assessed in the hands of the right person and assessing the same in the hands of the wrong person does not exonerate assessing the same income in the hands of the right person. Therefore, it is essential that income has to be assessed and taxed in the hands

MATHIKERE RAMAIAH SEETHARAM,MATHIKERE vs. ACIT, CIRCLE-1(2), BANGALORE

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

section 23 of the said Act with reference to the municipal valuation, although such sum was lower than the figure shown by the assessee in his returns of total income." 8.31. In the instant cases, the Shri M.R. Seetharam, has stated that an amount of Rs.102 Crores be offered as income from the construction revenue as discussed above. The reason

DEPUTY COMMISSIONER OF INCOME-TAX, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

section 23 of the said Act with reference to the municipal valuation, although such sum was lower than the figure shown by the assessee in his returns of total income." 8.31. In the instant cases, the Shri M.R. Seetharam, has stated that an amount of Rs.102 Crores be offered as income from the construction revenue as discussed above. The reason

DCIT, CC- 2(1), BLR, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

section 23 of the said Act with reference to the municipal valuation, although such sum was lower than the figure shown by the assessee in his returns of total income." 8.31. In the instant cases, the Shri M.R. Seetharam, has stated that an amount of Rs.102 Crores be offered as income from the construction revenue as discussed above. The reason

DCIT, CC-2(1), BENGALURU, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

section 23 of the said Act with reference to the municipal valuation, although such sum was lower than the figure shown by the assessee in his returns of total income." 8.31. In the instant cases, the Shri M.R. Seetharam, has stated that an amount of Rs.102 Crores be offered as income from the construction revenue as discussed above. The reason

DEPUTY COMMISSIONER OF INCOME-TAX, BENGALURU vs. MATHIKERE RAMAIAH SEETHARAM, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Rahul Chaudhary

section 23 of the said Act with reference to the municipal valuation, although such sum was lower than the figure shown by the assessee in his returns of total income." 8.31. In the instant cases, the Shri M.R. Seetharam, has stated that an amount of Rs.102 Crores be offered as income from the construction revenue as discussed above. The reason

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1, MANGALURU vs. SRI. SURESH S KANAJI, BENGALURU

In the result, appeal of the revenue is hereby dismissed

239 from M/s RMN Infrastructure on account of a\nsubcontract, out of which ₹11,60,96,620 was shown as Work-in-Progress\n(WIP). During the current year, the work was completed, and\naccordingly, the WIP amount, along with the contract receipts for the\nyear and an additional income of ₹1 crore, was offered to tax. The\ndetails

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

Pricing Agreement, the assessee has filed modified ITR u/s 139 r.w.s. 92CD of the Income- tax Act,1961 ['the Act' for short] on 19.10.2020 declaring income of Rs.23,19,09,830/-. The other statutory notices were issued to the assessee. 2.1 The assessee company is engaged in providing software development services including testing, infrastructure support and other related services

M/S. CORPORATE LEISURE & PROPERTY DEVELOPMENT PVT. LTD.,BENGALURU vs. DCIT, CENTRAL CIRCLE-2(1)(1), BENGALURU

In the result, the appeal fails and is hereby dismissed

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2013-14

price or all significant risks and rewards or ownership have been transferred to the buyer and the seller retains no effective control of the goods transferred to a degree usually associated with ownership; and (ii)no significant uncertainty exists regarding the amount of the consideration that will be derived from the sale of the goods." In the instant case

MKH INFRASTRUCTURE,KERALA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Keshav Dubey

transfer of properties”. 8.12. The Hon’ble Supreme Court in the case of K.P. Varghese vs. ITO (1981) 131 ITR 597 (SC) held that the capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability

M/S. EMIRATES HINDUSTAN BUILDERS AND DEVELOPERS,KERALA vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, MANGALORE

In the result, appeals of the assessee in ITA Nos

Bench: Shri Chandra Poojari & Shri Keshav Dubey

transfer of properties”. 8.12. The Hon’ble Supreme Court in the case of K.P. Varghese vs. ITO (1981) 131 ITR 597 (SC) held that the capital gains is intended to tax the gains of assessee not what an assessee might have gained and what is not gained cannot be computed as gain and the assessee cannot fastened with the liability