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75 results for “capital gains”+ Section 43Bclear

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Key Topics

Section 43B47Addition to Income47Section 143(3)42Disallowance39Deduction34Section 10B32Section 10A24Section 2(15)23Section 115J21Section 40

ASHRAF NAFISA ALTHAF,MOODUBIDRI MANGALORE vs. INCOME TAX OFFICER, WARD-1 & TPS, UDUPI

In the result, the appeal of the assessee is dismissed

ITA 614/BANG/2023[2013-14]Status: DisposedITAT Bangalore09 Nov 2023AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

For Appellant: Shri Sanketh S. Nayak, A.RFor Respondent: Shri Nischal B., D.R
Section 139(1)Section 250Section 40Section 43B

gains of business or profession, the amount of purchase and sales i.e. turnover would include any tax, duty cess or fee. Therefore, the rigour of section 43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service-tax because of two reasons. Firstly

Showing 1–20 of 75 · Page 1 of 4

19
Depreciation19
Section 1118

M/S UNITED BREWERIES LTD ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

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

ITA 481/BANG/2018[2012-13]Status: DisposedITAT Bangalore11 Nov 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.K.Sankar Ganesh, JCIT –DR
Section 115JSection 143(2)Section 143(3)Section 14ASection 40Section 43B

section 43B 49,27,979 Foreign royalty 16,56,488 Brand promotion expense 13,76,00,000 3. The A.O. also made an addition of Rs.140.49 crore and treated the amount transferred UBL Trust to the assessee as “long term capital gain

MR.NANJUNDA RENUKA ARADHYA ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(2)(1), BANGALORE

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

ITA 397/BANG/2018[2010-11]Status: DisposedITAT Bangalore31 May 2022AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Nitish Ranjan, CAFor Respondent: Smt.Priyadarshini Basaganni, Addl.CIT-DR
Section 143(2)Section 194CSection 194C(2)Section 206ASection 40Section 43B

gains of business or profession, the amount of purchase and sales i.e. turnover would include any tax, duty cess or fee. Therefore, the rigour of section 43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service-tax because of two reasons. Firstly

M/S WYZMINDZ SOLUTIONS PRIVATE LIMITED ,BANGALORE vs. INCOME TAX OFFICER WARD-7(1)(4), BANGALORE

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

ITA 3417/BANG/2018[2014-15]Status: DisposedITAT Bangalore30 Jan 2020AY 2014-15

Bench: Shri Chandra Poojari

For Appellant: Sri.Mukesh Kumar, CAFor Respondent: Sri.Ganesh R.Ghale, Standing Council for DR
Section 115JSection 143Section 143(2)Section 145ASection 2Section 43B

gains of business or profession, the amount of purchase and sales i.e. turnover would include any tax, duty cess or fee. Therefore, the rigour of section 43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service-tax because of two reasons. Firstly

SHRI. BORAIAH SHIVANANJAIAH,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(2)(1), BANGALORE

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

ITA 680/BANG/2020[2014-15]Status: DisposedITAT Bangalore11 Apr 2022AY 2014-15

Bench: Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Boraiah Shivananjaiah, Asst.Commissioner Of K. Janatha Colony, Income Tax, Bidadi Hobli, Vs. Circle - 3(2)(1) Ramnagara Dist., Bengaluru Bengaluru Pan – Anaps2762E Appellant Respondent

For Respondent: Assessee by Sri Sreehari Kutsa, Advocate
Section 143(3)Section 234ASection 250Section 36(1)(va)Section 43ASection 43B

gains of business or profession, the amount of purchase and sales i.e. turnover would include any tax, duty cess or fee. Therefore, the rigour of section 43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service-tax because of two reasons. Firstly

CISCO SYSTEMS (INDIA) PRIVATE LIMITED,BANGALORE vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 2, KORAMANGALA, BANGALORE

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

ITA 1234/BANG/2025[AY 2021-22]Status: DisposedITAT Bangalore30 Jan 2026

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Year: 2021-22

For Appellant: Shri Nageshwar Rao, AdvocateFor Respondent: Shri Shivanad Kalakeri, CIT (DR)
Section 143(3)Section 144BSection 263Section 37(1)

Section 43B of the Act, may kindly be accepted and the deduction allowed in full. 9.9 Likewise, the assessee on the issue of reduction of realized foreign exchange gain of ₹32,77,83,741/- from the business income made detailed submission. 9.10 It was explained that the said gain has arisen on account of payments made towards capital

M/S. K. MOHAN & COMPANY (EXPORTS) PVT. LTD.,,BANGALORE vs. ACIT, BANGALORE

In the result, ITA 1057/B/12 is partly allowed and ITA 1103/B/12 is dismissed

ITA 1266/BANG/2010[2007-08]Status: DisposedITAT Bangalore24 Apr 2015AY 2007-08

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Shri P. Dhivahar, Jt. CIT(DR)
Section 10BSection 10B(3)

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

M/S K. MOHAN & COMPANY (EXPORTS) PRIVATE LIMITED,BANGALORE vs. ACIT, BANGALORE

In the result, ITA 1057/B/12 is partly allowed and ITA 1103/B/12 is dismissed

ITA 1057/BANG/2012[2008-09]Status: DisposedITAT Bangalore24 Apr 2015AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Shri P. Dhivahar, Jt. CIT(DR)
Section 10BSection 10B(3)

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

ACIT, BANGALORE vs. M/S K. MOHAN & COMPANY (EXPORTS) PVT. LTD.,, BANGALORE

In the result, ITA 1057/B/12 is partly allowed and ITA 1103/B/12 is dismissed

ITA 1103/BANG/2012[2008-09]Status: DisposedITAT Bangalore24 Apr 2015AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Shri P. Dhivahar, Jt. CIT(DR)
Section 10BSection 10B(3)

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

M/S K. MOHAN & COMPNAY (EXPORTS) PVT. LTD.,,BANGALORE vs. ACIT, BANGALORE

In the result, ITA 1057/B/12 is partly allowed and ITA 1103/B/12 is dismissed

ITA 1093/BANG/2009[2006-07]Status: DisposedITAT Bangalore24 Apr 2015AY 2006-07

Bench: Shri N.V. Vasudevan & Shri Jason P. Boaz

For Appellant: Shri V. Srinivasan, C.AFor Respondent: Shri P. Dhivahar, Jt. CIT(DR)
Section 10BSection 10B(3)

section 43B of the Act. The AO was of the view that the assessee company has belatedly paid the employees’ contribution for ESI and therefore an amount of Rs.8,46,458 was added u/s. 2(24)(x) r.w.s. 36(1)(va) of the Act. 57. The assessee raised a specific ground of appeal challenging the addition made

M/S IDS NEXT BUSINESS SOLUTIONS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER PF INCOME TAX CIRCLE-3(1)(1), BANGALORE

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

ITA 2119/BANG/2018[2011-12]Status: DisposedITAT Bangalore05 Jan 2022AY 2011-12

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12

For Appellant: Shri Rampriyadas, CAFor Respondent: Shri Sankarganesh K, JCIT (DR)
Section 145ASection 43B

gains of business or profession, the amount of purchase and sales i.e. turnover would include any tax, duty cess or fee. Therefore, the rigour of section 43B may be applicable in the case of Sales- tax or Excise Duty but the same cannot be said to be the position in case of Service-tax because of two reasons. Firstly

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

ITA 341/BANG/2023[2010-11]Status: DisposedITAT Bangalore01 Dec 2023AY 2010-11

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

For Appellant: Smt. Prathibha R., A.RFor Respondent: Shri G. Manoj Kumar, D.R
Section 194CSection 194JSection 201Section 250Section 40

gains of business or profession, the amount of purchase and sales i.e. turnover would include any tax, duty cess or fee. Therefore, the rigour of section 43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service- tax because of two reasons. Firstly

M/S BOSCH LIMITED ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX LTU CIRCLE-1 , BANGALORE

In the result, appeal of the assessee is partly allowed

ITA 1629/BANG/2018[2013-14]Status: DisposedITAT Bangalore13 Sept 2022AY 2013-14

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2013-14 Bosch Limited, Vs. The Assistant Commissioner Hosur Road, Adugodi, Of Income Tax, Ltu, Bangalore – 560 030. Circle 1, Pan: Aaacm 9840P Bangalore. Appellant Respondent Appellant By : Shri Percy Pardiwala, Advocate Respondent By : Shri V S Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 01.09.2022 Date Of Pronouncement : 13.09.2022 O R D E R Per Padmavathy S.2. This Appeal Is Against The Order Of The Cit(Appeals), Bangalore-9, Bangalore Dated 31.3.2018 For The Assessment Year 2013- 14. 3. The Assessee Raised Grounds Pertaining To The Following Issues:- Deduction U/S. 35(2Ab) Computed On Net Expenditure As Opposed To Gross Expenditure Disallowance Of Provision For Bad & Doubtful Debts I) Disallowance Of Provision For Long Term Service Award Disallowance Of Expenditure U/S. 14A Of The Act Ii) Page 2 Of 67

For Appellant: Shri Percy Pardiwala, AdvocateFor Respondent: Shri V S Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 14ASection 35Section 37Section 43BSection 80J

gain goodwill of the people living in the area of operation of the assessee. Therefore respectfully following the decision of the Hon’ble Gujarat High Court in the case of Gujarat Narmada Valley Fertilizers & Chemicals Ltd. (supra), we hold that Explanation 2 to section 37(1) is not applicable to the assessee’s case and therefore the expenses incurred voluntarily

TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-5(1)(1), BANGALORE

In the result, appeal of the assessee is partly allowed

ITA 352/BANG/2023[2012-13]Status: DisposedITAT Bangalore18 Dec 2023AY 2012-13

Bench: Shri Chandra Poojari & Smt. Madhumita Royassessment Year: 2012-13

For Appellant: Smt. Tanmayee Rajkumar, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 139(1)Section 250Section 43B

gains of business or profession, the amount of purchase and sales i.e. turnover would include any tax, duty cess or fee. Therefore, the rigour of section 43B may be applicable in the case of Sales-tax or Excise Duty but the same cannot be said to be the position in case of Service- tax because of two reasons. Firstly

DCIT, C-1(1)(1), BENGALURU vs. M/S. BANGALORE INTERNATIONAL AIRPORT LIMITED, BENGALURU

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

ITA 1401/BANG/2024[2021-22]Status: DisposedITAT Bangalore04 Sept 2025AY 2021-22

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Year: 2021-22

For Appellant: Shri T Suryanarayana, AdvocateFor Respondent: Shri Shivanand H Kalakeri, CIT

capital in nature since the decision in Toyota Kirloskar Motor (P) Ltd. (supra) was with respect to a particular software and that the nature of software whether it is a system software or application software needs to be analysed to decide the treatment under the Act. 20. In view of the above discussion, we remit the issue back

TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 45/BANG/2017[2010-11]Status: DisposedITAT Bangalore29 Jun 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR
Section 250Section 37Section 40Section 43B

capital gain. 3.10 Aggrieved by the order of the Ld.CIT(A), the assessee as well as revenue are an appeal before the Tribunal. 4. Revenue is in appeal for AY:2010-11 on only one issue being the treatment of maintenance advance in the hands of the assessee. 5. Ground No.2 in assessee appeal and Ground No.2-3 in revenue

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE vs. M/S TOTAL ENVIRONMENT BUILDING SYSTEMS PVT LTD , BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 40/BANG/2017[2010-11]Status: DisposedITAT Bangalore29 Jun 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR
Section 250Section 37Section 40Section 43B

capital gain. 3.10 Aggrieved by the order of the Ld.CIT(A), the assessee as well as revenue are an appeal before the Tribunal. 4. Revenue is in appeal for AY:2010-11 on only one issue being the treatment of maintenance advance in the hands of the assessee. 5. Ground No.2 in assessee appeal and Ground No.2-3 in revenue

M/S TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7(1)(1), BANGALORE

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 46/BANG/2017[2011-12]Status: DisposedITAT Bangalore29 Jun 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR
Section 250Section 37Section 40Section 43B

capital gain. 3.10 Aggrieved by the order of the Ld.CIT(A), the assessee as well as revenue are an appeal before the Tribunal. 4. Revenue is in appeal for AY:2010-11 on only one issue being the treatment of maintenance advance in the hands of the assessee. 5. Ground No.2 in assessee appeal and Ground No.2-3 in revenue

MRS SHANTHAMMA MARGAMAPPA ,BANGALORE vs. THE INCOME TAX OFFICER WARD-4(3)(4), BANGALORE

In the result, the assessee’s appeal for assessment year 2015-16 is dismissed

ITA 2734/BANG/2018[2015-16]Status: DisposedITAT Bangalore15 Feb 2019AY 2015-16

Bench: Shri Jason P Boazassessment Year : 2015-16 Smt. Shanthamma Margamappa, Vs. The Income Tax Officer, No.203, Agara Village, Ward - 4(3)(4), H S R Layout Post, Bangalore. Bangalore – 560 102. Pan : Atmpm 5572 G Appellant Respondent Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Smt. Lakshmi K, Jcit Date Of Hearing : 10.01.2019 Date Of Pronouncement : 15.02.2019

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. Lakshmi K, JCIT
Section 143(3)Section 234BSection 50C

capital gains. The Income Tax Simplification Committee (Easwar Committee) has I.T.A. No.1237/Ahd/2013 Assessment Year: 2008-09 in its first report, pointed out that this provision does not provide any relief where the seller has entered into an agreement to sell the property much before the actual date of transfer of the immovable property and the sale consideration is fixed

BANGALORE INTERNATIONAL AIRPORT LTD.,,BANGALORE vs. DCIT, BANGALORE

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

ITA 510/BANG/2014[2010-11]Status: DisposedITAT Bangalore27 Sept 2016AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Raobangalore International Airport Ltd. Administration Block, Bial, Devanahalli Bangalore-560 300. … Appellant Pan:Aabc8973D Vs. Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Respondent & Deputy Commissioner Of Income-Tax, Circle 11(2), Bangalore. … Appellant Vs. Bangalore International Airport Ltd. Bangalore-560 300. … Respondent

For Appellant: Shri Sampath Raghunathan, AdvocateFor Respondent: Shri Sanjay Kumar, CIT(DR)
Section 115JSection 143(1)Section 143(3)Section 43B

gain on account of fluctuation in foreign exchange of Rs.29,893,65,068/- is not taxable as external commercial borrowing was taken on capital account following the law laid down by the Hon’ble Delhi High Court in the case of CIT vs. Woodward Governor India (P) Ltd.(294 ITR 451). Regarding disallowance of concessional fee payable to Government