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125 results for “capital gains”+ Section 149(3)clear

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Key Topics

Section 26042Section 260A10Section 54F5Section 153C4Section 143(3)4Section 1444Section 444Section 104Disallowance3Capital Gains

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)

capital gain arising from the sale of Wipro shares, the A.O. was made fully aware of the sale price of Wipro shares. In any event, the market price of Wipro shares was completely in the public realm as it is a very well known and widely traded shares. Further, during the course of the 5 scrutiny assessment, the A.O specifically

MR.M.GEORGE JOSEPH vs. DY.COMMISSIONER OF INCOMET TAX OFFICER

In the result, order of the

Showing 1–20 of 125 · Page 1 of 7

2
ITA/238/2015
HC Karnataka
12 Jul 2021

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 260Section 260ASection 54Section 54F

Capital Gain of Rs.26,88,34,949/- under Section 54 of the Act in respect of an investment made in acquiring a new residential house property to the extent of Rs.88,98,970/-. The Assessing Officer held that 4 investment made by the assessee does not fall within purview of Section 54F of the Act and disallowed the claim

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

capital gains earned thereon had not been declared for tax. Accordingly, a sum of Rs.5,25,000/- was brought to tax. 15. Further at paragraph 8 of the order relating to bogus transportation expenses claimed for the assessment years 2009- 10 and 2010-11, the assessing officer has brought on record that the appellant has claimed transportation expenses

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

capital gains earned thereon had not been declared for tax. Accordingly, a sum of Rs.5,25,000/- was brought to tax. 14.Further at paragraph 8 of the order relating to bogus transportation expenses claimed for the assessment years 2009- 10 and 2010-11, the assessing officer has brought on record that the appellant has claimed transportation expenses for the years

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 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

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

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

M/S FIDELITY BUSINESS SERVICES INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

ITA/512/2017HC Karnataka23 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 2(22)(e)Section 254Section 260

3,17,400/- and the said shares were sold through another broker for `2,94,300/- on 29/03/1962 and thus the Assessee incurred a loss of `23,100/- for the said year, the learned Tribunal held that though the said loss in sale and purchase of the shares could not be termed as ‘speculative transactions’ and the lower Authorities were

MASTER BALACHANDAR KRISHNAN vs. THE STATE OF KARNATAKA

WP/8788/2020HC Karnataka29 Sept 2020

Bench: B.V.NAGARATHNA,RAVI V HOSMANI

Section 8 of the Act provides for the authorities of the School which are five in number. Section 18 of the Act which deals with authorities and Officers of the School etc., states that the authorities of the School and their composition, powers, functions and other matters relating to them, the officers of the School and their appointment, powers, functions

THE PR COMMISSIONER OF INCOME TAX vs. M/S EXIDE LIFE INSURANCE CO LTD

In the result, both the appeals stand dismissed

ITA/118/2020HC Karnataka31 Aug 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 10Section 260Section 260ASection 44

3. ITA No.118/2020 is filed by the revenue under Section 260A of the Income Tax Act, 1961 challenging the order dated 13.12.2019 of the Income 4 Tax Appellate Tribunal, “A” Bench, Bangalore (‘Tribunal’ for short) in ITA No.1005/Bang/2019 relating to the assessment year 2014-15. 4. These appeals were admitted to consider the following substantial questions

THE PR COMMISSIONER OF INCOME TAX vs. M/S EXIDE LIFE INSURANCE COMPANY LTD

In the result, both the appeals stand dismissed

ITA/112/2020HC Karnataka31 Aug 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 10Section 260Section 260ASection 44

3. ITA No.118/2020 is filed by the revenue under Section 260A of the Income Tax Act, 1961 challenging the order dated 13.12.2019 of the Income 4 Tax Appellate Tribunal, “A” Bench, Bangalore (‘Tribunal’ for short) in ITA No.1005/Bang/2019 relating to the assessment year 2014-15. 4. These appeals were admitted to consider the following substantial questions

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

The appeals stand disposed of, accordingly

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

SATISH N vs. STATE OF KARNATAKA

WP/30917/2016HC Karnataka10 Nov 2016

Bench: The Hon’Ble Mr. Justice Raghvendra S. Chauhan

Section 93 of the Act, namely "a canvasser…solicits the customer for such vehicle (public service vehicle) ”. Therefore, an aggregator is covered under Section 93 of the Act. 53. Of course, Mr. Sajan Poovayya, the learned Senior counsel, has argued that an aggregator does not go on to the road to solicit customers. But in the Digital Age, the internet

THE PRINCIPAL COMMISSIONER vs. M/S OBULAPURAM MINING

ITA/100091/2016HC Karnataka17 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 131Section 143(3)Section 260ASection 37

149 (Ori), whereinthe Hon’ble Supreme Court laid down the following tests to determine whether a substantial question of law is involved. The tests are as under: (1) whether directly or indirectly it affects substantial rights of the parties, or, (2) the question is of general public importance, or, (3) whether it is an open question in the sense that

THE PR. COMMISSIONER OF INCOME TAX (4) vs. M/S CHAMUNDI WINERY AND DISTILLERY

ITA/172/2017HC Karnataka25 Sept 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

3 CIT Vs. Sitaldas Tirathdas 41 ITR 367 (SC) 12-16 4 CIT Vs. Pompie Tile Works 175 ITR 1 (Kar) 17-19A 5 CTI Vs. Dharma Productions (P) Ltd 153 ITR 105 (Bom) 20-27 6 Raja Bejoy Singh Dudhuria Vs. CIT 1 ITR 135 (Privy Council) 28-31 9 CIT Vs. Nagarbail Salt-Owners Co-Op Society

PR. COMMISSIONER OF INCOME TAX vs. M/S CHAMUNDI WINERY AND DISTILLERY

ITA/467/2015HC Karnataka25 Sept 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

3 CIT Vs. Sitaldas Tirathdas 41 ITR 367 (SC) 12-16 4 CIT Vs. Pompie Tile Works 175 ITR 1 (Kar) 17-19A 5 CTI Vs. Dharma Productions (P) Ltd 153 ITR 105 (Bom) 20-27 6 Raja Bejoy Singh Dudhuria Vs. CIT 1 ITR 135 (Privy Council) 28-31 9 CIT Vs. Nagarbail Salt-Owners Co-Op Society

THE COMMISSIONER OF INCOME TAX, vs. SMT. B. SUMANGALADEVI,

Appeal is allowed

ITA/5049/2010HC Karnataka27 Jun 2012

Bench: K.BHAKTHAVATSALA,B.SREENIVASE GOWDA

Section 132BSection 260A

3. The Revenue has urged the following grounds: (i) that as per Section 132B of the Act, the seized money shall be applied by the Assessing Authority for discharge of liability of the Assessee from whom the money is seized and if there is any excess amount, the same shall be refunded to the person from whom it was seized

R JANARDHANA BABU vs. THE MANAGING DIRECTOR

Accordingly, the writ petitions are allowed

WP/37528/2010HC Karnataka07 Jul 2017

Bench: The Hon’Ble Mr. Justice B. Veerappa

149. Shashi Chandrashekar, d/o Captain Sriramulu, aged about 57 years, Glaxosmithkline Pharmaceuticals Limited, Devanahalli Road, Off Old Madras Road, Bangalore-560049 150. Mary Fathima Charles, d/o M R Albert, aged about 57 years, Glaxosmithkline Pharmaceuticals Limited, Devanahalli Road, Off Old Madras Road, Bangalore-560049 151. I M Anand, d/o Savari Muthu, aged about 56 years, Working as pharma Assistant, Glaxosmithkline