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146 results for “depreciation”+ Section 40A(9)clear

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Key Topics

Addition to Income65Section 143(3)61Section 2(15)61Section 14A59Disallowance54Section 143(2)36Depreciation33Section 1132Transfer Pricing30

M/S. BHUWALKA STEEL INDUSTRIES LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(2), BANGALORE

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

ITA 1599/BANG/2019[2015-16]Status: DisposedITAT Bangalore31 May 2023AY 2015-16

Bench: Shri George George K & Shri Laxmi Prasad Sahu

For Appellant: Shri. T. Srinivasa, CAFor Respondent: Shri. Sunil Kumar Singh, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92BSection 92C

depreciation loss. 9. The assessment order of the Learned Assessing Officer is bad in law as the mandatory conditions to invoke the jurisdiction under section 92CA of the Act did not exist or having not been compiled with and consequently the order of the Learned Assessing Officer is bad in law want of requisite jurisdiction. The Learned Assessing Officer erred

Showing 1–20 of 146 · Page 1 of 8

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Deduction27
Section 92C24
Section 26319

M/S BHUWALKA STEEL INDUSTRIES LIMITED ,BANGALORE vs. INCOME TAX OFFICER WARD-1(1)(4), BANGALORE

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

ITA 3433/BANG/2018[2014-15]Status: DisposedITAT Bangalore31 May 2023AY 2014-15

Bench: Shri George George K & Shri Laxmi Prasad Sahu

For Appellant: Shri. T. Srinivasa, CAFor Respondent: Shri. Sunil Kumar Singh, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92BSection 92C

depreciation loss. 9. The assessment order of the Learned Assessing Officer is bad in law as the mandatory conditions to invoke the jurisdiction under section 92CA of the Act did not exist or having not been compiled with and consequently the order of the Learned Assessing Officer is bad in law want of requisite jurisdiction. The Learned Assessing Officer erred

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S. LIFESTYLE INTERNATIONAL (P) LTD.,, BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2260/BANG/2016[2011-12]Status: DisposedITAT Bangalore11 Oct 2021AY 2011-12

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

section 40A (2)/37 on the ground that they are excessive unreasonable and unrelated, which was deleted by the Ld.CIT(A). 6.2 It is a case of assessee that there is no distinguishing fact for year under consideration vis-à-vis assessment years 2008-09 and 2010-11, wherein identical international transaction was found to be at arms length. Page

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE vs. M/S LIFESTYLE INTERNATIONAL PVT LTD , BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2473/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 Oct 2021AY 2012-13

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

section 40A (2)/37 on the ground that they are excessive unreasonable and unrelated, which was deleted by the Ld.CIT(A). 6.2 It is a case of assessee that there is no distinguishing fact for year under consideration vis-à-vis assessment years 2008-09 and 2010-11, wherein identical international transaction was found to be at arms length. Page

M/S LIFESTYLE INTERNATIONAL PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2826/BANG/2017[2012-13]Status: DisposedITAT Bangalore11 Oct 2021AY 2012-13

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

section 40A (2)/37 on the ground that they are excessive unreasonable and unrelated, which was deleted by the Ld.CIT(A). 6.2 It is a case of assessee that there is no distinguishing fact for year under consideration vis-à-vis assessment years 2008-09 and 2010-11, wherein identical international transaction was found to be at arms length. Page

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2334/BANG/2016[2011-12]Status: DisposedITAT Bangalore11 Oct 2021AY 2011-12

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

section 40A (2)/37 on the ground that they are excessive unreasonable and unrelated, which was deleted by the Ld.CIT(A). 6.2 It is a case of assessee that there is no distinguishing fact for year under consideration vis-à-vis assessment years 2008-09 and 2010-11, wherein identical international transaction was found to be at arms length. Page

M/S.LIFESTYLE INTERNATIONAL PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE

In the results appeal filed by assessee for assessment year

ITA 2333/BANG/2016[2009-10]Status: DisposedITAT Bangalore11 Oct 2021AY 2009-10

Bench: Shri Chandra Poojari & Smt Beena Pillai

Section 143(2)

section 40A (2)/37 on the ground that they are excessive unreasonable and unrelated, which was deleted by the Ld.CIT(A). 6.2 It is a case of assessee that there is no distinguishing fact for year under consideration vis-à-vis assessment years 2008-09 and 2010-11, wherein identical international transaction was found to be at arms length. Page

AYUB ABDUL KHANDAR TAMATGAR,DHARWAD vs. JCIT, HUBLI

In the result appeal of the assessee is partly allowed

ITA 854/BANG/2015[2010-11]Status: DisposedITAT Bangalore23 Oct 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Soundararajan Kassessment Years : 2010-11

For Appellant: N.G Rasalkar, AdvocateFor Respondent: Ms. Neha Sahay, JCIT (DR)
Section 40A(3)

depreciation/ running expenses on such truck at the same time. We note that the learned AR for the assessee has not brought any contrary material against the finding of the lower authorities. The learned AR for the assessee only contended that instead of disallowing the entire hire charges debited against the assessee’s own vehicles, only the amount of profit

M/S HONEYWELL TECHNOLOGY SOLUTIONS LAB PRIVATE LIMITED ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX SPECIAL RANGE-3 , BANGALORE

ITA 2889/BANG/2018[2012-13]Status: DisposedITAT Bangalore26 Aug 2022AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Laxmi Prasad Sahuassessment Year : 2012-13

For Appellant: Smt. Shreya Loyalaka, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT (DR)
Section 201(1)Section 40Section 80J

depreciation on capitali- zed expenses – Rs.6,51,10,329/- Disallowance of software expenses u/s 40a/40a(ia) - Rs.11,28,69,584/- Disallowance of legal professional fees paid to the partnership firms outside India – Rs.46,05,273/- Disallowance of deduction u/s 80JJAA – Rs.23,20,36,444/- 7. Accordingly, he computed taxable income of Rs.260,94,26,098/- and completed the assessment accordingly

M/S. UNITED BREWERIES LIMITED,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX, SPECIAL RANGE-7, BANGALORE

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

ITA 2532/BANG/2019[2015-16]Status: DisposedITAT Bangalore19 May 2023AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Ankur Pai for Shri K.R. VasudevanFor Respondent: Shri Sankar Ganesh K., D.R
Section 143(3)Section 144C(13)Section 14ASection 37Section 92C

9 (2001) 113 Taxman 511 Dinesh Sherla 13/14 203- itxa-252-02.doc Respondent based on the Income Tax Rules and Depreciation Table is concerned, the Table is only states that certain categories, which are Machinery IT(TP)A No.2532/Bang/2019 United Brewries Ltd., Bangalore Page 34 of 70 and Plants, will have particular rate and rest which fall under the Machinery and Plant

UNITED BREWERIES LTD,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX , CIRCLE-7(1)(1), BENGALURU

ITA 2569/BANG/2017[2013-14]Status: DisposedITAT Bangalore01 Jun 2022AY 2013-14

Bench: Shri N.V. Vasudevan, Vice Preseident & Shri Padmavathy S

For Appellant: Shri K.R. Vasudevan, AdvocateFor Respondent: Shri Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92Section 92B(1)

9) of Section 10B. In the matter of GENERAL FINANCE CO. vs. ACIT, which judgment has also been taken note of by the tribunal while repelling the contention raised by revenue with regard to retrospectivity of Section 92BA(i) of the Act. Thus, when clause (i) of Section 92BA having been omitted by the Finance Act, 2017, with effect from

GOPAL S. PANDITH vs. DCIT,

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

ITA 1186/BANG/2013[2007-08]Status: DisposedITAT Bangalore27 Jul 2016AY 2007-08

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

For Appellant: Shri Chandrashekar, AdvocateFor Respondent: Smt. Neera Malhotra, CIT (D.R)
Section 139Section 153Section 153ASection 153DSection 234Section 548

9 - 1 0 . 11. The Learned CIT(A) erred in upholding the disallowance made under Section 40A(3) of the Act without considering the contention that provisions of section 40A(3) of the Act without considering the contention that provisions of section 40A(3) of the Act without considering the contention that provisions of section 40A(3) are not applicable

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE-12 , BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1980/BANG/2018[2009-10]Status: DisposedITAT Bangalore12 Jan 2023AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

depreciation. The aforesaid finding has rightly been affirmed by the tribunal. The findings recorded by the ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore Page 24 of 38 Commissioner of Income Tax (Appeals) as well as the tribunal cannot be termed as perverse. In view of preceding analysis, the substantial question of law framed

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1981/BANG/2018[2010-11]Status: DisposedITAT Bangalore12 Jan 2023AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

depreciation. The aforesaid finding has rightly been affirmed by the tribunal. The findings recorded by the ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore Page 24 of 38 Commissioner of Income Tax (Appeals) as well as the tribunal cannot be termed as perverse. In view of preceding analysis, the substantial question of law framed

M/S HARMAN CONNECTED SERVICES CORPORATION INDIA PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the appeal filed by the revenue is dismissed

ITA 1982/BANG/2018[2012-13]Status: DisposedITAT Bangalore12 Jan 2023AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariita Nos.1980 To 1982/Bang/2018 Assessment Years: 2009-10, 2010-11 & 2012-13

For Appellant: Shri T. Suryanarayana, Sr. A.RFor Respondent: Shri Sreenivas T. Bidari, D.R
Section 143(3)

depreciation. The aforesaid finding has rightly been affirmed by the tribunal. The findings recorded by the ITA Nos.1980 to 1982/Bang/2018 M/s. Harman Connected Services Corporation India Pvt. Ltd., Bangalore Page 24 of 38 Commissioner of Income Tax (Appeals) as well as the tribunal cannot be termed as perverse. In view of preceding analysis, the substantial question of law framed

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

ITA 643/BANG/2024[2018-19]Status: DisposedITAT Bangalore21 Apr 2025AY 2018-19

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

For Appellant: Shri Chythanya .K, SrFor Respondent: Shri E. Shridhar, CIT-DR
Section 143(2)Section 143(3)Section 14A

9. The Lower Authorities have failed to appreciate\nthat the disallowance of expenditure incurred to earn\nexempted income has to be a smaller part of exempt\nincome and should be a reasonable proportion to exempted\nincome earned by the assessee in that year.\n18. 10. The Lower Authorities have failed to appreciate\nthat no disallowance under Section

DAKSHINA KANNADA NIRMITHI KENDRA ,MANGALURU vs. INCOME TAX OFFICER, WARD 1(1),, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 2086/BANG/2018[2010-11]Status: DisposedITAT Bangalore16 Jun 2022AY 2010-11

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

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

9. …………. The first proviso thus puts a rider only on the sixth category i.e. for "advancement of any other object of general public utility", that it will not be held to be charitable purpose if it involves the carrying out any activity in the nature of trade, commerce or business or any activity of rendering any service in relation

M/S. UDUPI NIRMITHI KENDRA,UDUPI vs. ASSISTANT COMMISSIONER OF INCOME TAX, (EXEMPTIONS) CIRCLE-1, MANGALORE

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 1962/BANG/2018[2013-14]Status: DisposedITAT Bangalore16 Jun 2022AY 2013-14

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

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

9. …………. The first proviso thus puts a rider only on the sixth category i.e. for "advancement of any other object of general public utility", that it will not be held to be charitable purpose if it involves the carrying out any activity in the nature of trade, commerce or business or any activity of rendering any service in relation

M/S. DAKSHINA KANNADA NIRMITHI KENDRA,MANGALURU vs. THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE -1, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 948/BANG/2019[2016-17]Status: DisposedITAT Bangalore16 Jun 2022AY 2016-17

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

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

9. …………. The first proviso thus puts a rider only on the sixth category i.e. for "advancement of any other object of general public utility", that it will not be held to be charitable purpose if it involves the carrying out any activity in the nature of trade, commerce or business or any activity of rendering any service in relation

M/S. UDUPI NIRMITHI KEDRA,UDUPI vs. THE DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE - 1, MANGALURU

In the result, all appeals filed by the assessees in all the assessees’ appeals are dismissed except for assessment year

ITA 947/BANG/2019[2016-17]Status: DisposedITAT Bangalore16 Jun 2022AY 2016-17

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

For Appellant: Shri Tata Krishna, A.RFor Respondent: Smt. Priyadarshini Basaganni, D.R
Section 11Section 143(2)Section 2Section 2(15)

9. …………. The first proviso thus puts a rider only on the sixth category i.e. for "advancement of any other object of general public utility", that it will not be held to be charitable purpose if it involves the carrying out any activity in the nature of trade, commerce or business or any activity of rendering any service in relation