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16 results for “disallowance”+ Section 10(2)(xv)clear

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Key Topics

Section 143(3)15Section 4012Section 37(1)10Addition to Income10Section 379Disallowance9Section 80G8Section 2507Section 44A6Section 148

JCIT, BANGALORE vs. M/S HEWLETT PACKARD INDIA SALES P. LTD.,, BANGALORE

In the result appeal of the ld AO is dismissed and Assessee is partly allowed

ITA 1252/BANG/2015[2010-11]Status: DisposedITAT Bangalore08 Sept 2025AY 2010-11

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2010-11

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri Shivanand Kalakeri, CIT(DR)(ITAT)
Section 143(3)Section 144CSection 40

section 10(2) (xv) is permissible in law and has been rightly allowed by the Tribunal. " (p. 238) We are in respectful agreement with the said view expressed by the Gauhati High Court. We, therefore, answer question No. 5 in the negative, i. e. , in favour of the assessee and against the revenue.” 40. Thus, respectfully following the decision

HEWLETT PAKCARD INDIA SALES PRIVATE LIMITED,BANGALORE vs. JCIT, BANGALORE

5
Penalty5
Deduction5

In the result appeal of the ld AO is dismissed and Assessee is partly allowed

ITA 1245/BANG/2015[2010-11]Status: DisposedITAT Bangalore08 Sept 2025AY 2010-11

Bench: Shri Prashant Maharishi & Shri Keshav Dubeyassessment Year : 2010-11

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri Shivanand Kalakeri, CIT(DR)(ITAT)
Section 143(3)Section 144CSection 40

section 10(2) (xv) is permissible in law and has been rightly allowed by the Tribunal. " (p. 238) We are in respectful agreement with the said view expressed by the Gauhati High Court. We, therefore, answer question No. 5 in the negative, i. e. , in favour of the assessee and against the revenue.” 40. Thus, respectfully following the decision

SANGHAMITRA RURAL FINANCIAL SERVICES,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS CIRCLE-1, BANGALORE

In the result, appeals of the assessee are dismissed

ITA 744/BANG/2023[2016-17]Status: DisposedITAT Bangalore03 Jan 2024AY 2016-17

Bench: Shri Chandra Poojari & Smt. Madhumita Roy

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri D.K. Mishra, D.R
Section 11Section 2(15)Section 234ASection 8

disallowance of the exemption claimed under section n of the Act, on the ground that the activities of the appellant are hit by the proviso to section 2(15) of the Act on the facts and circumstances of the case. ITA Nos.744 & 745/Bang/2023 Sanghamitra Rural Financial Services, Bangalore Page 2 of 54 4. The authorities below failed to appreciate that

GOLDMAN SACHS SERVICES PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

ITA 298/BANG/2021[2016-17]Status: DisposedITAT Bangalore24 Apr 2024AY 2016-17

Bench: Shri Chandra Poojari & Shri Keshav Dubey

For Appellant: Shri Madhur Agarwal, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 144C(10)Section 92CSection 92C(3)

10) r.w.s. 144C(13) of the Act and hence liable to be quashed. IT(TP)A No.298/Bang/2024 Goldman Sachs Services Pvt. Ltd., Bangalore Page 2 of 14 1.2 Complete effect not given to the DRP's direction 1.2.1 The learned AO has made the following apparent error while giving effect of the order of the Hon'ble DRP: • The learned

MR. SHANMUGAM RAVI,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, ASSESSEMENT CIRCLE-2(1), BENGALURU

ITA 951/BANG/2023[2021-22]Status: DisposedITAT Bangalore25 Jun 2024AY 2021-22
Section 143(3)Section 234A

section 10(2)(xv) of the Act of 1922.\"\n5.4 She further relied on the judgement of Hon'ble Madras High\nCourt in the case of M. Seshadri Iyengar & Sons Vs. CIT cited (supra),\nwherein held as under:\n“During the accounting year relevant for the assessment year 1973-74, the\nassessee-firm decided to close down its business

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2(2), BANGALORE vs. SARASOULE PVT. LTD., BANGALORE

In the result, the ground of appeal of the revenue is hereby dismissed

ITA 180/BANG/2024[2015-16]Status: DisposedITAT Bangalore26 Nov 2024AY 2015-16

Bench: Shri Waseem Ahmed & Shri Soundararajan K

For Appellant: Shri M Monish, AdvocateFor Respondent: Shri Sridhar E, CIT (DR)
Section 132Section 132(4)Section 153ASection 37(1)

10(2)(xv) of the Act if it satisfies otherwise the tests laid down by law. This view is in accord with the following observations made by this Court in CIT v. Chandulal Keshavlal & Co. [1960] 3 SCR 38 at page 48: "Another fact that emerges from these cases is that if the expense is incurred for fostering the business

JSW INDUSTRIAL GASES LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(3)(1), BENGALURU, BENGALURU

In the result, appeal filed by the assessee is allowed

ITA 1382/BANG/2025[2020-21]Status: DisposedITAT Bangalore10 Sept 2025AY 2020-21
Section 143(2)Section 143(3)Section 250Section 37Section 80G

XV Partners Advisors Pvt. Ltd., Bangalore in ITA No.2045 & 2046/Bang/2024 vide order dated 3.3.2025 held as under:\n\"5.1 As can be seen above, the existing approval u/s 80G(5)(vi) of the Act expiring on or after 1st October, 2009 shall be deemed to have been extended in perpetuity unless specifically withdrawn. Further, any new approval obtained

MANGALORE CHEMICALS & FERTILIZERS LTD., ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2), BENGALURU

In the result, appeal filed by the assessee is allowed

ITA 1209/BANG/2024[2013-14]Status: DisposedITAT Bangalore15 Oct 2024AY 2013-14

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeyassessment Year: 2013-14

For Appellant: Sri H.V. Gowthama, A.RFor Respondent: Ms. Neera Malhotra, D.R
Section 143(1)Section 143(3)Section 148Section 250Section 37

disallowed the sum of penalty as it is in the infringement/violation of law. Therefore, in our opinion, interest paid for delayed payment of customs duty cannot be at par with the penalty paid for any infringement of law. There is no dispute that the payment of interest represents expenditure laid out wholly or exclusively for the purpose business. There

NIRMAN SONESTAA DEVELOPERS,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 4(1)(1), BANGALORE

In the result, the appeal by the assessee is dismissed

ITA 1536/BANG/2025[2018-19]Status: DisposedITAT Bangalore14 Nov 2025AY 2018-19

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhailassessment Year: 2018-19

For Appellant: NoneFor Respondent: Sri Subramanian, D.R
Section 142(1)Section 143(2)Section 250Section 37Section 37(1)

disallowance made under the provisions of Explanation 1 to section 37(1) of the Act. Being aggrieved, the assessee is in appeal before us. 8. We have considered the submissions of both sides and perused the material available on record. We, at the outset, find that the issue of the allowability of compounding fees under section

M/S. INTEGRACE PRIVATE LIMITED,BANGALORE vs. COMMISSIONER OF INCOME-TAX, (APPEALS) NFAC, DELHI, BENGALURU

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

ITA 72/BANG/2023[2021-22]Status: DisposedITAT Bangalore07 Aug 2023AY 2021-22

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2021-22

For Appellant: Shri Nikhil Tiwari, A.RFor Respondent: Shri V. Parithivel, D.R
Section 143(1)Section 250Section 37Section 37(1)Section 40A(7)Section 43BSection 44A

section 43B is found to be consistent with facts on record and in accordance with law and hence does not warrant any interference. 3.6. The ld. CIT(A) further observed that the second issue raised by the assessee is regarding carry forward loss of current year. According to the assessee, the details of unabsorbed depreciation to be carried forward

WIPRO GE HEALTHCARE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

ITA 285/BANG/2021[2016-17]Status: DisposedITAT Bangalore03 Feb 2023AY 2016-17

Bench: Shri Chandra Poojari & Shri Anikesh Banerjee

For Appellant: Shri K.R. Pradeep, A.R. &For Respondent: Shri Sunil Kumar Singh, D.R
Section 143(3)Section 144CSection 36(1)(vii)Section 37Section 92C

Disallowance of 41,76,13,362 41,76,13,362 Provisions - Legal and Professional expenses 23,65,54,350 23,65,54,350 - Advertisement and sales promotion 10,92,813 10,92,813 - Repairs and Maintenance 59,19,766 59,19,766 - Dealer Commission 17,40,46,433 17,40,46,433 31.10.2019- The TPO passed order u/s 92CA making

SRI. MUTHAIAH SANNASURAYYA,DAVANGERE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, appeals filed by the assessee are allowed for statistical purposes

ITA 785/BANG/2023[2009-10]Status: DisposedITAT Bangalore14 Dec 2023AY 2009-10

Bench: Shri George George K & Shri Laxmi Prasad Sahu

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru
Section 143(3)Section 246ASection 250Section 271

xv]. Therefore, the appellant was suggested by the then Sri. Sudhindra, ITP who was his authorised representative, that no - appeal against the impugned order of penalty passed under section 271[1][c] of the Act is required to be filed, since the imposition of penalty is consequential and dependent on the outcome of the appeal filed against the impugned order

SRI. MUTHAIAH SANNASURAYYA ,DAVANGERE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, appeals filed by the assessee are allowed for statistical purposes

ITA 787/BANG/2023[2011-12]Status: DisposedITAT Bangalore14 Dec 2023AY 2011-12

Bench: Shri George George K & Shri Laxmi Prasad Sahu

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru
Section 143(3)Section 246ASection 250Section 271

xv]. Therefore, the appellant was suggested by the then Sri. Sudhindra, ITP who was his authorised representative, that no - appeal against the impugned order of penalty passed under section 271[1][c] of the Act is required to be filed, since the imposition of penalty is consequential and dependent on the outcome of the appeal filed against the impugned order

SRI. MUTHAIAH SANNASURAYYA,DAVANGERE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, appeals filed by the assessee are allowed for statistical purposes

ITA 786/BANG/2023[2010-11]Status: DisposedITAT Bangalore14 Dec 2023AY 2010-11

Bench: Shri George George K & Shri Laxmi Prasad Sahu

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. Subramanian S, JCIT(DR)(ITAT), Bengaluru
Section 143(3)Section 246ASection 250Section 271

xv]. Therefore, the appellant was suggested by the then Sri. Sudhindra, ITP who was his authorised representative, that no - appeal against the impugned order of penalty passed under section 271[1][c] of the Act is required to be filed, since the imposition of penalty is consequential and dependent on the outcome of the appeal filed against the impugned order

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BELLARY, CENTRAL CIRCLE, BELLARY vs. M/S VIRGO PROPERTIES PRIVATE LIMITED, CHENNAI

In the result, appeal filed by the Revenue is dismissed

ITA 1181/BANG/2025[2013-14]Status: DisposedITAT Bangalore21 Nov 2025AY 2013-14
Section 142(1)Section 143(3)Section 148

section 148 of the\nAct to disclose fully and truly all material facts necessary for assessment for\nthat Assessment Year. Therefore the case was rightly reopened by the AO.\nThe learned CIT(A) has wrongly allowed appeal of the assessee.\n6. On the other hand, learned Counsel for the assessee relied on the Order\nof learned

WIPRO GE HEALTHCARE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7(1)(1), BANGALORE

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

ITA 291/BANG/2022[2017-18]Status: DisposedITAT Bangalore15 Mar 2023AY 2017-18

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.291/Bang/2022 Assessment Year: 2017-18

For Appellant: Shri K.R. Pradeep &For Respondent: Ms. Neera Malhotra, D.R
Section 144CSection 92C

xv) The Learned AO/TPO/DRP have failed to apply the provisions of Rule 10B(4)&,(5) and 10CA(2) while selecting the criteria and filters. xvi) The Learned AO / TPO / DRP erred in not carrying out the adjustments like risk, working capital, et:c., as required under law as well as the facts. xvii) The learned AO/TPO/DRP erred in rejecting