Kanhaiyalal Dudheriya v. JCIT

JAYARAM REDDY BOOPESH REDDY,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(4), BENGALURU

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

Bench: Shri Narender Kumar Chodhry & Shri Waseem Ahmed

…m 21, where expenses on setting up a pace foundation were allowed under section 37(1) because they contributed to brand promotion. Similarly, the Hon’ble Karnataka High Court in Infosys Technologies reported in 360 ITR 714 and Kanhaiyalal Dudharia reported in 418 ITR 410 had accepted expenses incurred for non-traditional branding and goodwill as allowable business expenditure. On this basis, the ld. AR argued that showcasing luxury cars with the Bren brand name clearly fell within the realm of legitimate business expenditure. 11.4 The ld. AR further pointed out that the cars were reported in the fixed asset sched…

JAYARAMA REDDY BOOPESH REDDY,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), BENGALURU

Bench: Shri Narender Kumar Chodhry & Shri Waseem Ahmed

…m 21, where expenses on setting up a pace foundation were allowed under section 37(1) because they contributed to brand promotion. Similarly, the Hon'ble Karnataka High Court in Infosys Technologies reported in 360 ITR 714 and Kanhaiyalal Dudharia reported in 418 ITR 410 had accepted expenses incurred for non-traditional branding and goodwill as allowable business expenditure. On this basis, the Id. AR argued that showcasing luxury cars with the Bren brand name clearly fell within the realm of legitimate business expenditure. 11.4 The Id. AR further pointed out that the cars were reported in the fixed asset sched…

MYSORE MINERALS LIMITED (NOW KNOWN AS KARNATAKA STATE MINERALS CORPORATION LIMITED),BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BENGALURU

In the result, both the appeals are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…) Garden Reach Ship Builders & Engineers Ltd. v. Pr.CIT [2021] 121 taxmann.com 386 (Kol Trib.). ITA Nos.464 to 465/Bang/2020 Page 33 of 45 iv) NTPC-SAIL Power Co. (P) Ltd. v. DCIT [2019] 112 taxmann.com 409 (Del Trib.) v) Kanhaiyalal Dudheria v. JCIT [2020] 418 ITR 410 (Kar) vi) PCIT v. Karnataka State Industrial Infrastructure Development Corporation in ITA No.460/2017 & 458 to 461/2017 dated 17.3.2021. vii) Ashwathnarayana Singh & Co. v. ACIT, ITA No.522/Bang/2019 dated 1.2.2021. 21. The ld. DR supported the orders of lower authorities and relied on the decision in the case of CIT v. Wipro Ltd., 360 ITR 658 (…

MYSORE MINERALS LIMITED (NOW KNOWN AS KARNATAKA STATE MINERALS CORPORATION LIMITED),BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(2), BENGALURU

In the result, both the appeals are allowed

Bench: Shri Chandra Poojari & Smt. Beena Pillai

…) Garden Reach Ship Builders & Engineers Ltd. v. Pr.CIT [2021] 121 taxmann.com 386 (Kol Trib.). ITA Nos.464 to 465/Bang/2020 Page 33 of 45 iv) NTPC-SAIL Power Co. (P) Ltd. v. DCIT [2019] 112 taxmann.com 409 (Del Trib.) v) Kanhaiyalal Dudheria v. JCIT [2020] 418 ITR 410 (Kar) vi) PCIT v. Karnataka State Industrial Infrastructure Development Corporation in ITA No.460/2017 & 458 to 461/2017 dated 17.3.2021. vii) Ashwathnarayana Singh & Co. v. ACIT, ITA No.522/Bang/2019 dated 1.2.2021. 21. The ld. DR supported the orders of lower authorities and relied on the decision in the case of CIT v. Wipro Ltd., 360 ITR 658 (…

M/S THE SANDUR MANGANESE & IRON ORES LTD.,,SANDUR vs. JCIT, BELLARY

In the result, all the appeals of the assessee are partly allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

…unt paid as per the directions of District administration is related to the business carried on by the assessee and allowable as deduction as per the decision rendered by the Hon’ble Karnataka High Courtin the case of M/s. Kanhaiyalal Dudheria Vs. JCIT (2019) 418 ITR 410. The Ld. A.R. also placed his reliance on the decision rendered by the Hon’ble Madras High Court in the case of CIT Vs. Madras Refineries Ltd. (2004) 266 ITR 17, wherein the money has been spent by the assessee for establishing drinking water facilities or for providing aid to the school meant for residents of the locality in which business is si…

M/S THE SANDUR MANGANESE & IRON ORES LTD.,,SANDUR vs. JCIT, BELLARY

In the result, all the appeals of the assessee are partly allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

…unt paid as per the directions of District administration is related to the business carried on by the assessee and allowable as deduction as per the decision rendered by the Hon’ble Karnataka High Courtin the case of M/s. Kanhaiyalal Dudheria Vs. JCIT (2019) 418 ITR 410. The Ld. A.R. also placed his reliance on the decision rendered by the Hon’ble Madras High Court in the case of CIT Vs. Madras Refineries Ltd. (2004) 266 ITR 17, wherein the money has been spent by the assessee for establishing drinking water facilities or for providing aid to the school meant for residents of the locality in which business is si…

M/S THE SANDUR MANGANESE & IRON ORES LTD.,,SANDUR vs. JCIT, BELLARY

In the result, all the appeals of the assessee are partly allowed

Bench: Shri B. R. Baskaran & Smt. Beena Pillai

…unt paid as per the directions of District administration is related to the business carried on by the assessee and allowable as deduction as per the decision rendered by the Hon’ble Karnataka High Courtin the case of M/s. Kanhaiyalal Dudheria Vs. JCIT (2019) 418 ITR 410. The Ld. A.R. also placed his reliance on the decision rendered by the Hon’ble Madras High Court in the case of CIT Vs. Madras Refineries Ltd. (2004) 266 ITR 17, wherein the money has been spent by the assessee for establishing drinking water facilities or for providing aid to the school meant for residents of the locality in which business is si…

SRI HIREHAL GAVIAPPA RANGAN GOUD ,BELLARY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

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

Bench: Shri B.R. Baskaran & Shri Pavan Kumar Gadaleshri Hirehal Gaviappa Rangan Goud, Mine Owner, Hrg Enclaves, Opp. Leelavathi Nilayam, Tilak Nagar, Cantonment, Bellary-583 104 ….Appellant Pan Adwpg 8968L Vs. Assistant Commissioner Of Income Tax, Circle 1, Bellary. ……Respondent. Assessee By: Shri V. Srinivasan, Advocate. Revenue By: Shri Priyadarshi Mishra, Jcit (D.R)

…ibution made to BATF is wholly and exclusively for the purpose of business and allowable under Section 37(1) of the Act and relied on the judicial decisions of the Hon'ble jurisdictional High Court in the case of Kanhaiyalal Dudheria Vs. JCIT & Another (2019) 418 ITR 410 (Kar), and CIT Vs. Infosys Technologies Ltd. (2014) 360 ITR 714 (Kar).Further, the earlier decision of CIT Vs. Infosys Technologies Ltd. 349 ITR 588 (supra) was considered in the later Hon’ble High court decisions and prayed that the contribution to BATF has to be allowed as deduction under Section 37(1) of the Act. 5. On the second disputed iss…