PR COMMISSIONER OF INCOME TAX-7 vs. M/S TALLY SOLUTIONS PVT LTD

In the result, the appeals fail and are hereby

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

section 195 of the Act? 2. I.T.A.No.951/2017 was admitted by a Bench of this Court vide order dated 05.11.2018 on the following substantial question of law: "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in setting aside the disallowance of claim of depreciation on purchase of 6

PR COMMISSIONER OF INCOME TAX-7 vs. M/S TALLY SOLUTIONS PVT LTD

In the result, the appeals fail and are hereby

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

section 195 of the Act? 2. I.T.A.No.951/2017 was admitted by a Bench of this Court vide order dated 05.11.2018 on the following substantial question of law: "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in setting aside the disallowance of claim of depreciation on purchase of 6

PR. COMMISSIONER OF vs. M/S TALLY SOLUTIONS PVT LTD.,

In the result, the appeals fail and are hereby

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

section 195 of the Act? 2. I.T.A.No.951/2017 was admitted by a Bench of this Court vide order dated 05.11.2018 on the following substantial question of law: "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in setting aside the disallowance of claim of depreciation on purchase of 6

PR COMMISSIONER OF vs. M/S WIPRO LIMITED

In the result, the appeal is disposed of in terms

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

6. Learned counsel for the revenue submitted that the tribunal relied on the assessee's case for the Assessment Years 2004-05 and 2007-08 pertaining to depreciation claimed on software, which was treated as royalty. However, it is pointed out that the decision of 15 this court in 383 ITR 179 does not cover the issue as the assessee

M/S J K INDUSTRIES LTD vs. THE JOINT COMMISSIONER OF INCOME TAX

In the result, all questions are answered against the

Bench: D.V.SHYLENDRA KUMAR,B.SREENIVASE GOWDA

6 amount for the purpose of Section 80HHC of the Act is not contemplated and submission is that it amounts to duplicate deduction from the profits for the purpose of Section 80HHC of the Act. 8. In this background, Sri Shankar has submitted that the computation of profits of business as per the explanation (baa) to Section 80HHC

COMMISSIONER OF INCOME TAX-III vs. M/S WIPRO LIMITED

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

depreciation of Rs.17.06,58,039/- on software imported even though the assessing authority had rightly disallowed the expenditure under section 40(a)(i) of IT Act as the assessee had failed to comply with the provisions of section 195 while making payments to the vendors? (3) Whether on the facts and circumstances of the case, the tribunal is right

COMMISIONER OF INCOME vs. M/S WIPRO LIMITED

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

depreciation of Rs.57,38,83,507/- on 3 software imported even though the assessing authority had rightly disallowed the expenditure under section 40(a)(i) of IT Act as the assessee had failed to comply with the provisions of section 195 while making payments to the vendors? (3) Whether on the facts and circumstances of the case, the tribunal

THE COMMISSIONER OF INCOME-TAX vs. M/S LUWA INDIA PVT LTD

Bench: RAVI MALIMATH,N.KUMAR

depreciation of Rs.57,38,83,507/- on 3 software imported even though the assessing authority had rightly disallowed the expenditure under section 40(a)(i) of IT Act as the assessee had failed to comply with the provisions of section 195 while making payments to the vendors? (3) Whether on the facts and circumstances of the case, the tribunal

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO LTD

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

Section 145A of the Income- tax Act which was inserted with effect from assessment year 1999-2000. The said provision states that the valuation of stock should include the amount of any tax duty, cess or fee - 94 - actually paid or incurred to bring the goods to its present location and condition. The Department has followed a consistent stand

M/S WIPRO LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

Section 145A of the Income- tax Act which was inserted with effect from assessment year 1999-2000. The said provision states that the valuation of stock should include the amount of any tax duty, cess or fee - 94 - actually paid or incurred to bring the goods to its present location and condition. The Department has followed a consistent stand

THE PR. COMMISSIONER OF INCOME TAX vs. M/S SAMSUNG R AND D INSTITUTE INDIA BANGALORE PVT LTD

Bench: CHIEF JUSTICE,C M JOSHI

depreciation on the payments made for the same. The Assessing Officer [AO] disallowed the same on the ground that tax was not deducted at source under Section 195 of the Act. According to the AO, the payments made for the software was in the nature of royalty and, therefore, were taxable under the Act. 4. There is no dispute that