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174 results for “capital gains”+ Section 148(1)clear

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Key Topics

Section 260101Section 14871Section 14733Section 143(3)29Section 260A25Capital Gains23Section 45(2)13Section 8011Addition to Income11

AZIM PREMJI TRUSTEE COMPANY PVT LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

WP/15910/2022HC Karnataka28 Oct 2022

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

Section 143(3)Section 148Section 148ASection 56(2)

148 as being barred by limitation under Section 149(1)(b) as it stood prior to amendment, then such notices cannot be issued by relying upon Section 149(1)(b) after amendment which provides a longer / larger period of limitation. 13. In this context, it is relevant to state that while Section 149(1)(a) prior to amendment prescribed period

M/S WIPRO LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

The appeals stand disposed of, accordingly

Showing 1–20 of 174 · Page 1 of 9

...
Section 45(4)10
Reopening of Assessment10
Long Term Capital Gains8
ITA/881/2008HC Karnataka25 Mar 2015

Bench: N.KUMAR,B.SREENIVASE GOWDA

Section 260

Section 145A of the Income- tax Act which was inserted with effect from assessment year 1999-2000. The said provision states that the valuation of stock should include the amount of any tax duty, cess or fee - 94 - actually paid or incurred to bring the goods to its present location and condition. The Department has followed a consistent stand

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO LTD

The appeals stand disposed of, accordingly

ITA/211/2009HC Karnataka25 Mar 2015

Bench: N.KUMAR,B.SREENIVASE GOWDA

Section 260

Section 145A of the Income- tax Act which was inserted with effect from assessment year 1999-2000. The said provision states that the valuation of stock should include the amount of any tax duty, cess or fee - 94 - actually paid or incurred to bring the goods to its present location and condition. The Department has followed a consistent stand

PR. COMMISSIONER OF INCOME TAX vs. SMT. G. LAKSHMI ARUNA

ITA/705/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 153CSection 153DSection 260A

148 and subsequently, the assessment proceedings were concluded by passing an order of reassessment under Section 147 read with Section 144 by bringing to tax all the income which formed part of 6 total income under the original assessment order passed. However, it was noticed that though the assessment proceedings was initiated by issue of notice under Section

PR. COMMISSIONER OF INCOME TAX vs. SHRI. GALI JANARDHANA REDDY

ITA/704/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 148Section 153CSection 153DSection 260A

148 and subsequently, the assessment proceedings were concluded by passing an order of reassessment under Section 147 read with Section 144 by bringing to tax all the income which formed part of 5 total income under the original assessment order passed. However, it was noticed that though the assessment proceedings was initiated by issue of notice under Section

THE COMMR OF INCOME TAX vs. M/S DYNAMIC ENTERPRISE

The appeal stands dismissed

ITA/1414/2006HC Karnataka16 Sept 2013

Bench: This Bench.

Section 148Section 2(47)Section 45(4)

148 was issued on 27.03.2002. In reply to the said notice, the assessee-firm contended that it has paid the amount to the retiring partners standing on credit side in respect of capital accounts. There is no transfer of asset and therefore, they are not liable to pay any capital gains tax. 6. The Assessing Officer held that the land

THE COMMISSIONER OF INCOME TAX vs. LATE KHOOBCHAND M MAKHIJA

The appeals are dismissed

ITA/496/2007HC Karnataka18 Dec 2013

Bench: N.KUMAR,RATHNAKALA

Section 142(1)Section 143(1)(a)Section 148Section 260Section 54(1)Section 54(2)

capital gain account as claimed by them. 2. The assessee filed a return of income for the assessment year 1996-97 on 23.7.1996 declaring a total income of Rs.3,46,500/-. The same was processed under Section 143(1)(a) of the Act and refund of Rs.12,859/- was issued. Subsequently, notice under Section 148

M/S NANDI STEELS LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

In the result, the findings

ITA/103/2012HC Karnataka23 Feb 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(1)Section 143(3)Section 147Section 148Section 260Section 260ASection 6

capital gains'. The return was processed under Section 143(1) of the Act on 30.01.2004 and a refund of Rs.4,77,163/- was issued. Thereafter, the Assessing Officer issued notice under Section 148

P VIKRAM MAIYA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

Accordingly, writ petition is allowed

WP/11385/2016HC Karnataka05 Nov 2019

Bench: S.SUJATHA

Section 143Section 148Section 28

1], Bangalore and intimated that the petitioner has received a sum of Rs.4,00,00,000/- from M/s. MTR Food Products and the same is exigible to capital gain tax as long term capital gains. 4. Subsequently, the learned Assessing Officer had issued the notice dated 09.01.2014 under Section 148

P ARVIND MAIYA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

Accordingly, writ petition is allowed

WP/12118/2016HC Karnataka05 Nov 2019

Bench: S.SUJATHA

Section 143Section 148Section 28

1], Bangalore and intimated that the petitioner has received a sum of Rs.4,00,00,000/- from M/s. MTR Food Products and the same is exigible to capital gain tax as long term capital gains. 4. Subsequently, the learned Assessing Officer had issued the notice dated 09.01.2014 under Section 148

SRI N GOVINDARAJU vs. THE INCOME TAX OFFICER

Appeal stands disposed of

ITA/504/2013HC Karnataka01 Jul 2015

Bench: S.SUJATHA,VINEET SARAN

Section 143(1)Section 147Section 148Section 45(2)

capital gains and other sources. For the assessment year 2004-05, he 3 filed his Income Tax return on 16.12.2004 declaring an income of Rs.4,82,330/- and agriculture income of Rs.1,62,470/-. Such return was first processed under section 143(1) of the Act and accepted on 2.3.2005. Thereafter, notice under Section 148

THE COMMISSIONER OF INCOME TAX vs. M/S SHASTHA PHARMA LABORATORIES

The appeal is dismissed

ITA/331/2007HC Karnataka27 Nov 2013

Bench: N.KUMAR,RATHNAKALA

Section 143(3)Section 147Section 148Section 2Section 260Section 45Section 45(4)

148 read with Section 147 of the Act. After considering the aforesaid objections, the assessing authority after setting out the particulars furnished along with the return, held that the assessee has not furnished fully and truly all material facts necessary for working out capital gains even without considering the copies, statement and schedule furnished subsequently. The assessee has taken

THE COMMISSIONER OF INCOME TAX vs. MRS SHAKUNTALA DEVI

Appeal is hereby dismissed

ITA/340/2009HC Karnataka28 Sept 2016

Bench: ARAVIND KUMAR,JAYANT PATEL

Section 147Section 148Section 260ASection 54

148. Accordingly, assessment proceedings came to be framed. 3. Assessing officer has noticed that assessee had sold a flat at Mumbai on 04.02.2003 for a total consideration of `1,71,00,000/- and had worked out long-term capital gain of `1,44,68,032/- and had claimed exemption under Section

THE COMMR OF INCOME TAX vs. NIKE INC

Appeals are dismissed

ITA/976/2008HC Karnataka07 Mar 2013

Bench: B.MANOHAR,N.KUMAR

Section 260A

148 of the Act was issued on 30.03.2004. In response to the said notice, the assessee company filed return of income on 05.05.2004 declaring Nil income. The assessee contended that its activity is to carry on activities that are ancilliary and auxiliary to the activities of its Head Office and other group companies and to act as a communication channel

THE COMMISSIONER OF INCOME-TAX vs. M/S. IBC KNOWLEDGE PARK PVT. LTD.,

In the result, the appeals filed by the Revenue

ITA/402/2009HC Karnataka28 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 260

gains of business and profession and therefore, depreciation has to be allowed. That reference made to Section 24 of the Act by the counsel for the Revenue is incorrect. He, therefore, contended that the Tribunal has rightly granted the depreciation on elevators also. - 18 - 15. We have considered the aforesaid submissions in light of the lease agreement dated 11/8/2003, which

THE COMMISSIONER OF INCOME-TAX vs. M/S. IBC KNOWLEDGE PARK PVT. LTD.,

In the result, the appeals filed by the Revenue

ITA/403/2009HC Karnataka28 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 260

gains of business and profession and therefore, depreciation has to be allowed. That reference made to Section 24 of the Act by the counsel for the Revenue is incorrect. He, therefore, contended that the Tribunal has rightly granted the depreciation on elevators also. - 18 - 15. We have considered the aforesaid submissions in light of the lease agreement dated 11/8/2003, which

THE COMMISIONER OF INCOME-TAX vs. M/S IBC KNOWLEDGE PARK PVT LTD

In the result, the appeals filed by the Revenue

ITA/402/2014HC Karnataka28 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 260

gains of business and profession and therefore, depreciation has to be allowed. That reference made to Section 24 of the Act by the counsel for the Revenue is incorrect. He, therefore, contended that the Tribunal has rightly granted the depreciation on elevators also. - 18 - 15. We have considered the aforesaid submissions in light of the lease agreement dated 11/8/2003, which

COMMISSIONER OF INCOME TAX vs. SHRI. VIKRAM REDDY

In the result, the fifth substantial question of

ITA/291/2013HC Karnataka24 Feb 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 260Section 260A

1(2), BANGALORE. ... APPELLANTS (BY SRI. E.R. INDRAKUMAR, SR. COUNSEL A/W SRI. E.I. SANMATHI, ADV.,) AND: SHRI. VIKRAM REDDY (INDIVIDUAL) NO.6A, REGENCY HEIGHTS 3/2-1, CLEAVELAND ROAD FRAZER TOWN, BANGALORE-560005. ... RESPONDENT (BY SRI. ASHOK A. KULKARNI, ADV.) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 08.02.2013 PASSED IN ITA NO.158/BANG/2011

THE COMMISSIONER OF INCOME TAX vs. M/S BPL SANYO FINANCE LTD

In the result, the appeal filed by the revenue is

ITA/652/2006HC Karnataka11 Sept 2013

Bench: The Tribunal Was Arising From The Order Dated 4Th June 2004 Passed By The Commissioner Of Income Tax (Appeals) Bangalore (For Short “The

Section 115JSection 133Section 139Section 139(5)Section 143(1)Section 143(3)Section 260ASection 271Section 271(1)Section 271(1)(c)

148 on 11th January 2001 to the assessee, 7 recording reasons inter-alia that income chargeable to tax had escaped assessment. In response to the notice, the assessee filed return on 28th March 2001. The return filed by the assessee had further been taken up for scrutiny and accordingly notice was issued on 30th August 2001. In response

SMT. M R PRABHAVATHY vs. THE DEPUTY COMMISSIONER OF INCOME TAX

WTA/1/2019HC Karnataka04 Mar 2020

Bench: The Hon’Ble Mr. Justice K.Natarajan Election Petition No.1 Of 2019 Connected With Election Petition No.2 Of 2019

Section 81

gainful employment except his influence in political background of his grand father, father, uncle, whereas the respondent No.2 - A.Manju is a qualified law graduate and Ex-Minister and Ex-member of various organization was contested and succeeded against JDS. The BJP had expected the Hassan constituency to be the winning constituency. The respondent No.1 while filing his nomination