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22 results for “capital gains”+ Section 32Aclear

Sorted by relevance

Mumbai41Delhi39Bangalore22Indore13Ahmedabad9Kolkata9SC8Hyderabad8Pune7Chennai6Visakhapatnam3Karnataka2Cochin2Cuttack1Rajkot1Surat1Guwahati1

Key Topics

Disallowance16Section 80I15Addition to Income15Deduction14Section 14A12Section 54F11Section 143(3)10Section 10A10Section 54G8

SMT. A.P. LAKSHMI GOWRI,BANGALORE vs. ITO, BANGALORE

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

ITA 957/BANG/2016[2009-10]Status: DisposedITAT Bangalore28 Aug 2019AY 2009-10

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Nitish Ranjan, C. AFor Respondent: Shri Ujjwal Kumar, JCIT DR
Section 2Section 234ASection 45Section 53ASection 54F

capital gains is chargeable to tax in the subject AY. the Appellants would be eligible for claim of exemption under section 54F of the Act on the 21 flats received by them in lieu of the land they parted with." 3. The Appellants, at this juncture also wish to draw a reference to the amendment to the said section with

Showing 1–20 of 22 · Page 1 of 2

Section 1158
Section 115J7
Depreciation7

SRI. A.R. PRASAD,BANGALORE vs. ITO, BANGALORE

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

ITA 956/BANG/2016[2009-10]Status: DisposedITAT Bangalore28 Aug 2019AY 2009-10

Bench: Shri A. K. Garodia & Shri Pavan Kumar Gadale

For Appellant: Shri Nitish Ranjan, C. AFor Respondent: Shri Ujjwal Kumar, JCIT DR
Section 2Section 234ASection 45Section 53ASection 54F

capital gains is chargeable to tax in the subject AY. the Appellants would be eligible for claim of exemption under section 54F of the Act on the 21 flats received by them in lieu of the land they parted with." 3. The Appellants, at this juncture also wish to draw a reference to the amendment to the said section with

M/S.FABSUN ENGINEERING PVT. LTD.,,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BAILUR

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

ITA 1616/BANG/2016[2012-13]Status: DisposedITAT Bangalore31 Jan 2020AY 2012-13

Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm

For Appellant: Sri.Balram R. Rao, AdvocateFor Respondent: Smt.Swapna Das, JCIT-DR
Section 54FSection 54GSection 54G(1)

capital gains for acquiring land or building or constructing building for the purposes of (any) business in the non-urban area. 12. "For the purpose of business" was interpreted by the Hon'ble Bombay High Court in the case of Krishna Sahakari Sakhar Karkhana Ltd v. CIT 229 ITR 577:- "The expression "for the purpose of the business" is wider

IBM GLOBAL SERVICES INDIA PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), BANGALORE

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

ITA 3464/BANG/2004[2000-2001]Status: DisposedITAT Bangalore31 Jul 2024AY 2000-2001

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2000-2001

For Appellant: Shri Sharath Rao, CAFor Respondent: Shri D.K. Mishra, CIT-DR
Section 10ASection 10A(2)Section 10A(2)(ia)Section 142(1)Section 143(2)Section 143(3)

32A, the foregoing provisions of this section, clause (ii) of sub-section (2) of section 33, sub- where the assessee, [before the due date section (4) of section 35 or the second proviso for furnishing the return of income under to clause (ix) of sub-section (1) of section 36, as sub-section (1) of section 139] [***], the case

ITO, BANGALORE vs. MR. CHRISTINA ANN KURIACOSE, BANGALORE

In the result, appeal of Revenue stands dismissed

ITA 1541/BANG/2014[2011-12]Status: DisposedITAT Bangalore14 Aug 2015AY 2011-12

Bench: Shri N.V. Vasudevan & Shri Abraham P. George

For Appellant: Shri Sunil Kumar Agarwal, Jt. CIT(DR)For Respondent: Shri V.K. Sudhakar Shetty, CA
Section 54Section 54(1)Section 54FSection 54F(1)

capital gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45: Provided that nothing contained in this sub-section shall apply where— (a) the assessee, — (i) owns more than one residential house, other than the new asset, on the date of transfer of the original Page

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE vs. M/S COFFEEDAY GLOBAL LIMITED , BANGALORE

In the result, the appeals of the Revenue are partly allowed

ITA 3041/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Feb 2020AY 2014-15

Bench: S/Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Ita Nos. 3040 & 3041/Bang/2018 Assessment Years: 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Coffee Day Global Limited, Income-Tax, Central Circle-1(3), No.23/2, Coffeeday Square, 3Rd Floor, C.R. Building, Vittal Mallya Road, Queen’S Road, Bengaluru-560 001. Bengaluru-560 001. [Pan: Aabca 5291P]

Section 14ASection 32(1)(iia)Section 43A

capital investment in a partnership firm cannot be considered on par with investment in equity and therefore. such investment cannot be considered as for the purpose of earning exempt income, all the more so for the reason that the profits of the partnership firm are taxed in the hands of the firm and hence, not taxed in the hands

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), BANGALORE vs. M/S COFFEEDAY GLOBAL LIMITED , BANGALORE

In the result, the appeals of the Revenue are partly allowed

ITA 3040/BANG/2018[2013-14]Status: DisposedITAT Bangalore24 Feb 2020AY 2013-14

Bench: S/Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Ita Nos. 3040 & 3041/Bang/2018 Assessment Years: 2013-14 & 2014-15 The Deputy Commissioner Of Vs. M/S. Coffee Day Global Limited, Income-Tax, Central Circle-1(3), No.23/2, Coffeeday Square, 3Rd Floor, C.R. Building, Vittal Mallya Road, Queen’S Road, Bengaluru-560 001. Bengaluru-560 001. [Pan: Aabca 5291P]

Section 14ASection 32(1)(iia)Section 43A

capital investment in a partnership firm cannot be considered on par with investment in equity and therefore. such investment cannot be considered as for the purpose of earning exempt income, all the more so for the reason that the profits of the partnership firm are taxed in the hands of the firm and hence, not taxed in the hands

INDIANOIL SKYTANKING PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), BENGALURU

In the result, the appeals are partly allowed

ITA 407/BANG/2020[2017-18]Status: DisposedITAT Bangalore20 May 2022AY 2017-18

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 115Section 143(3)Section 36(1)(iii)Section 37(1)Section 80Section 80I

gains from business or profession. The sub-clause (iii) of section 36(1) and proviso to the sub-clause reads as under: ‘(iii) the amount of the interest paid in respect of capital borrowed for the purposes of the business or profession’ Provided that any amount of the interest paid, in respect of capital borrowed for acquisition of an asset

M/S. INDIANOIL SKYTAKING PRIVATE LIMITED,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), BANGALORE

In the result, the appeals are partly allowed

ITA 299/BANG/2020[2016-17]Status: DisposedITAT Bangalore20 May 2022AY 2016-17

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 115Section 143(3)Section 36(1)(iii)Section 37(1)Section 80Section 80I

gains from business or profession. The sub-clause (iii) of section 36(1) and proviso to the sub-clause reads as under: ‘(iii) the amount of the interest paid in respect of capital borrowed for the purposes of the business or profession’ Provided that any amount of the interest paid, in respect of capital borrowed for acquisition of an asset

M/S INDIANOIL SKYTANKING PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, the appeals are partly allowed

ITA 583/BANG/2019[2015-16]Status: DisposedITAT Bangalore09 May 2022AY 2015-16

Bench: Shri George George K. & Ms. Padmavathy S

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 115Section 143(3)Section 36(1)(iii)Section 37(1)Section 80Section 80I

gains from business or profession. The sub-clause (iii) of section 36(1) and proviso to the sub-clause reads as under: ‘(iii) the amount of the interest paid in respect of capital borrowed for the purposes of the business or profession’ Provided that any amount of the interest paid, in respect of capital borrowed for acquisition of an asset

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 2, LTU, BENGALURU vs. M/S. ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

ITA 446/BANG/2020[2012-13]Status: DisposedITAT Bangalore09 Dec 2024AY 2012-13

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Sridhar E, CIT (DR)For Respondent: Date of hearing
Section 115Section 115JSection 237Section 80J

capital, raw materials, and technology. It encompasses a wide range of activities. The Oxford English Dictionary defines "production" as “that which is produced; a thing that results from any action, process, or effort; a product of human activity or effort.” 14.3 The Hon’ble Supreme Court, in the case of CIT vs. N.C. Budharaja & Co. (204 ITR 412), observed that

ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED,BENGALURU vs. THE JOINT COMMISSIONER OF INCOME TAX, LARGE TAX PAYERS UNIT, BANGALORE

In the result, the appeal of the Revenue is hereby dismissed

ITA 593/BANG/2020[2012-13]Status: DisposedITAT Bangalore09 Dec 2024AY 2012-13

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri Sridhar E, CIT (DR)For Respondent: Date of hearing
Section 115Section 115JSection 237Section 80J

capital, raw materials, and technology. It encompasses a wide range of activities. The Oxford English Dictionary defines "production" as “that which is produced; a thing that results from any action, process, or effort; a product of human activity or effort.” 14.3 The Hon’ble Supreme Court, in the case of CIT vs. N.C. Budharaja & Co. (204 ITR 412), observed that

SOFTBRANDS INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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

ITA 1094/BANG/2011[2007-08]Status: DisposedITAT Bangalore26 Aug 2016AY 2007-08

Bench: Shri Abraham P George & Shri Vijay Pal Rao

For Appellant: Shri Cherian K Baby, C. AFor Respondent: Shri Sibichen K Mathew, CIT (D.R)
Section 10ASection 133(6)Section 143(3)

32A, cl. (ii) of sub-s. (2) of s. 33 and sub-s. (4) of s. 35 of the Act or the second proviso to cl. (ix) of sub-s. (1) of s. 36 shall not be applicable in relation to any such allowance or deduction. Similarly no loss as referred

M/S VIJAYA BANK ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX LTU , BANGALORE

Accordingly the grounds raised by the revenue is allowed for statistical purposes

ITA 321/BANG/2019[2015-16]Status: DisposedITAT Bangalore25 Apr 2023AY 2015-16

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Bank Of Baroda Vs. Addl. Cit, Ltu, (Erstwhile Vijaya Bank) Bmtc Building 7Th Floor, Central Accounts 6Th Block, Koramangala Bengaluru 560095 Dept., 41/2, M.G. Road Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Acit, Circle - 2(1)(1) Vs. M/S. Bank Of Baroda Room No. 561, 5Th Floor (Erstwhile Vijaya Bank) Aayakar Bhavan 7Th Floor, Central Accounts M.K. Road Dept., 41/2, M.G. Road Mumbai 400020 Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Assessee By: Shri Ananthan, Ca& Smt. Lalitha Rameswaran, Ca Revenue By: Shri G. Manoj Kumar, Cit-Dr Date Of Hearing: 29.03.2023 Date Of Pronouncement: 25.04.2023 M/S. Bank Of Baroda

For Appellant: Shri Ananthan, CA&For Respondent: Shri G. Manoj Kumar, CIT-DR
Section 115JSection 14ASection 194JSection 36Section 36(1)(vii)Section 36(1)(viia)Section 36(1)(viii)

capital reserve in the subsequent year should be considered for the purpose of allowing deduction u/s 36(1)(viii). An identical issue has been dealt with by the coordinate bench of the Tribunal in the case of Vijaya Bank Vs. JCIT (Supra), wherein it is held as under:- “8.4.1 We have heard the rival contentions, perused and carefully considered

ADDL/JOINT COMMISSIONER OF INCOME TAX (LTU) , BANGALORE vs. M/S VIJAYA BANK , BANGALORE

Accordingly the grounds raised by the revenue is allowed for statistical purposes

ITA 528/BANG/2019[2015-16]Status: DisposedITAT Bangalore25 Apr 2023AY 2015-16

Bench: Shri George George K. & Shri Laxmi Prasad Sahum/S. Bank Of Baroda Vs. Addl. Cit, Ltu, (Erstwhile Vijaya Bank) Bmtc Building 7Th Floor, Central Accounts 6Th Block, Koramangala Bengaluru 560095 Dept., 41/2, M.G. Road Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Acit, Circle - 2(1)(1) Vs. M/S. Bank Of Baroda Room No. 561, 5Th Floor (Erstwhile Vijaya Bank) Aayakar Bhavan 7Th Floor, Central Accounts M.K. Road Dept., 41/2, M.G. Road Mumbai 400020 Bengaluru 560001 Pan – Aaacvo3787 (Appellant) (Respondent) Assessee By: Shri Ananthan, Ca& Smt. Lalitha Rameswaran, Ca Revenue By: Shri G. Manoj Kumar, Cit-Dr Date Of Hearing: 29.03.2023 Date Of Pronouncement: 25.04.2023 M/S. Bank Of Baroda

For Appellant: Shri Ananthan, CA&For Respondent: Shri G. Manoj Kumar, CIT-DR
Section 115JSection 14ASection 194JSection 36Section 36(1)(vii)Section 36(1)(viia)Section 36(1)(viii)

capital reserve in the subsequent year should be considered for the purpose of allowing deduction u/s 36(1)(viii). An identical issue has been dealt with by the coordinate bench of the Tribunal in the case of Vijaya Bank Vs. JCIT (Supra), wherein it is held as under:- “8.4.1 We have heard the rival contentions, perused and carefully considered

M/S. TEXTRON INDIA PVT. LTD.,,BANGALORE vs. DCIT, BANGALORE

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

ITA 1228/BANG/2010[2006-07]Status: DisposedITAT Bangalore13 Jan 2016AY 2006-07

Bench: Shri Vijaypal Rao & Shri Inturi Rama Raoi.T. (T.P) A. No.1228/Bang/2010 (Assessment Year : 2006-07) M/S. Textron India Private Limited, (Formerly Known As Textron Global Technology Centre Pvt. Ltd.) Global Village, Rvce Post, Mylasandra, Off Mysore Road, Bangalore-560 059 …. Appellant. Pan Aacct 0118M Vs. Dy. Commissioner Of Income Tax, Circle 12(4), Bangalore. ….. Respondent. Appellant By : Shri P.K. Prasad. Respondent By : Smt. Neera Malhotra, Cit (D.R) Date Of Hearing : 30.11.2015. Date Of Pronouncement : 13.1.2016. O R D E R Per Shri Vijaypal Rao, J.M. :

For Appellant: Shri P.K. PrasadFor Respondent: Smt. Neera Malhotra, CIT (D.R)
Section 133(6)Section 143(3)Section 92C(2)

capital in development of a product then profitability in the sale of product would be entirely different from the company, who is involved in service sector. Therefore, this company cannot be treated as having same function and profitability ratio. In our view, due to non-availability of full information abut the segmental details as to how much is the sale

JOINT COMMISSIONER OF INCOME TAX, LTU,, , BENGALURU vs. M/S. VIJAYA BANK, BENGALURU

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

ITA 1834/BANG/2018[2014-15]Status: DisposedITAT Bangalore11 Mar 2022AY 2014-15

Bench: Shri George George K & Ms. Padmavathy Sassessment Year : 2014-15

For Appellant: Shri Ananthan, C.A &For Respondent: Shri Pradeep Kumar, CIT(DR)
Section 115JSection 143(3)Section 234DSection 36(1)(vii)Section 36(1)(viia)Section 36(2)(v)Section 37(1)(vii)

capital reserve in the subsequent year should be considered for the purpose of allowing deduction u/s 36(1)(viii). An identical issue has been dealt with by the coordinate bench of the Tribunal in the case of Vijaya Bank Vs. JCIT (Supra), wherein it is held as under:- “8.4.1 We have heard the rival contentions, perused and carefully considered

TELELOGIC INDIA PRIVATE LIMITED,BANGALORE vs. DCIT, BANGALORE

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

ITA 1599/BANG/2012[2008-09]Status: DisposedITAT Bangalore09 Mar 2016AY 2008-09

Bench: Shri Abraham P George & Shri Vijay Pal Rao

For Appellant: Shri Padamchand Khincha, C.AFor Respondent: Smt. Neera Malhotra, Addl. CIT (D.R)
Section 10ASection 133(6)Section 143(3)Section 144C(5)Section 92C(2)

capital of Rs.4,94,170 and reserves and surpluses of Rs.2,48,84,256. Therefore these reserves were sufficient to cover the funds for acquisition of fixed asset. Alternatively, the learned Authorised Representative has submitted that the disallowance if any on account of purchase of fixed asset should be restricted only in respect of the fixed assets acquired after

M/S MAXIM INDIA INTERGRATED CIRCUIT DESIGN PVT LTD ,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(2), BANGALORE

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

ITA 1573/BANG/2017[2013-14]Status: DisposedITAT Bangalore02 Nov 2020AY 2013-14

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

For Appellant: Shri Padamchand Khincha, A.RFor Respondent: Shri Gollapinni Mallikarjuna, D.R
Section 143(3)Section 234CSection 40

gain or loss is operating in nature (Pg 46-47 of Appeal Papers) 4. The DRP has held that provision for Doubtful debts is non-operating in nature (pg 46 of Appeal papers) 5. Accordingly, TP additions were enhanced to Rs.3,23,60,679/-. The effect of directions so given by Ld DRP resulted in enhancement of transfer pricing adjustment

M/S. HEALTHCARE GLOBAL ENTERPRISES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX,, BANGALORE

In the result, the appeal filed by the assessee for Assessment Year 2010-11 is dismissed

ITA 1901/BANG/2016[2010-11]Status: DisposedITAT Bangalore15 Dec 2017AY 2010-11

Bench: Shri Arun Kumar Garodia & Shri Lalit Kumar

For Appellant: Shri K.P. Srinivas, CAFor Respondent: Shri B.R. Ramesh, JCIT (DR)
Section 72ASection 79

capital expenditure. Now, we examine the applicability of the Tribunal order cited by ld. AR of assessee having been rendered in the case of ACIT vs. Intercontinental Hotels Group India (P.) Ltd. (supra). In that case, as per the facts noted by the Tribunal, it is noted that the assessee’s business model was to provide various support services