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222 results for “capital gains”+ Section 17(5)(d)clear

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Key Topics

Section 260163Section 14838Section 260A19Capital Gains18Section 143(3)15Section 54F15Exemption15Addition to Income14Section 5413

SRI. P S SESHADRI. vs. THE CHIEF COMMISSIONER OF INCOME TAX

In the result, this petition is allowed in part

WP/42424/2012HC Karnataka02 Jul 2013

Bench: The Hon'Ble Mr.Justice Ram Mohan Reddy

Section 119(2)(c)Section 143Section 143(1)Section 154Section 234Section 234ASection 54E

5. Petitioner’s application dated 19.5.2009 Annexure-O before the CBDT for waiver of interest in terms of the notification dated 26.6.2006 Annexure-N when not acted upon led to the petitioner filing an application before the respondent-Chief Commissioner of Income-tax, Bangalore-3 Annexure-P, which when rejected by order dated 26.4.2012, Annexure-A has presented this petition

Showing 1–20 of 222 · Page 1 of 12

...
Section 26312
Section 4712
Deduction11

THE COMMISSIONER OF INCOME TAX vs. M/S PRAKASH ELECTRIC COMPANY

ITA/884/2007HC Karnataka23 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260Section 47Section 47A

capital gains tax under Section 45 of the Act. Learned counsel for the Revenue also submitted that the provisions of Clause (xiii) of Section 47 also envisages the introduction of new shareholders besides the partners of the erstwhile partnership firm, which may be a corporate body or other individuals and the conditions imposed in Clause (d) of the said Proviso

KIDS CLINIC INDIA PRIVATE LIMITED

COP/60/2015HC Karnataka21 Aug 2015

Bench: KRISHNA S DIXIT

Section 260Section 47Section 47A

capital gains tax under Section 45 of the Act. Learned counsel for the Revenue also submitted that the provisions of Clause (xiii) of Section 47 also envisages the introduction of new shareholders besides the partners of the erstwhile partnership firm, which may be a corporate body or other individuals and the conditions imposed in Clause (d) of the said Proviso

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)

5. As per the Assessing Officer there is transfer of property from old firm to the new firm on 01.04.1994. Hence, it is a transfer within the meaning of Section 2(47) of the I.T.Act. Accordingly, notice under Section 148 was issued on 27.03.2002. In reply to the said notice, the assessee-firm contended that it has paid the amount

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

In the result, appeal stands dismissed

ITA/568/2015HC Karnataka04 Oct 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 143Section 2(24)Section 220Section 220(2)Section 254Section 260Section 260ASection 45

D G M E N T This appeal is filed by the Revenue under Section 260A of the Income Tax Act, 1961 [‘Act’ for short] challenging the order of the Income Tax Appellate Tribunal, “B” Bench, Bangalore ['Tribunal' for short] dated 14.05.2015 passed in ITA No.1281/Bang/2010 relating to the assessment year 1997-98. 2. The appeal was admitted to consider

ANTONY PARAKAL KURIAN vs. ASSISTANT COMMISSIONER OF INCOME TAX

Appeal is allowed in part

ITA/254/2021HC Karnataka09 Dec 2021

Bench: S.SUJATHA,S RACHAIAH

Section 260Section 260ASection 54Section 54F

D G M E N T This appeal is filed by the assessee under Section 260A of the Income Tax Act, 1961 (‘Act’ for short) assailing the order dated 06.11.2020 passed in ITA No.1576/Bang/2018 as well as the order dated 22.06.2021 in MP No.163/Bang/2020 by the Income Tax Appellate Tribunal, “C” Bench, Bangalore (‘Tribunal’ for short) relating to the assessment

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)

D G M E N T The Revenue has preferred I.T.A.No.496/2007 against the order of the Tribunal holding that the assessee is entitled to exemption under Section 54(1) of the Income Tax Act (for - 3 - short hereinafter referred to as ‘the Act’) in respect of two residential houses purchased and also holding that the assessee is entitled

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

THE PR COMMISSIONER OF INCOME TAX vs. SMT SAROJINI M KUSHE

Appeal stands dismissed

ITA/475/2016HC Karnataka01 Dec 2021

Bench: S.SUJATHA,HANCHATE SANJEEVKUMAR

Section 260Section 260ASection 48Section 50CSection 50D

D G M E N T This appeal is filed by the Revenue under Section 260A of the Income Tax Act, 1961 (‘Act’ for short) challenging the order dated 27.04.2016 passed by the Income Tax Appellate Tribunal, Bangalore Bench “A”, Bengaluru (‘Tribunal’ for short) in ITA No.989/Bang/2014 relating to the Assessment Year 2011-12. 2. This appeal was admitted

COMMISSIONER OF INCOME TAX vs. M/S.WINTAC LTD.,

The appeal is allowed in part

ITA/910/2006HC Karnataka19 Sept 2013

Bench: B.MANOHAR,DILIP B.BHOSALE

Section 115JSection 143(2)Section 260ASection 271(1)(c)

section 51 of the Act and should be excluded as revenue receipt while computing the total income. 2. Whether the Tribunal was correct in holding that the stock pertaining to bulk drug unit and R & D should be taken as NIL as on 30.6.2000 when its realizable value as on 30.03.2000 was Rs.12.78 crores and the Assessing Officer had held

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)

D THE HON’BLE MRS. JUSTICE RATHNAKALA INCOME TAX APPEAL NO.331 OF 2007 BETWEEN: 1.THE COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE, C.R. BUILDING, QUEENS ROAD, BANGALORE. 2.THE ASSISTANT COMMISSIONER OF INCOME TAX WARD – 12(2), C.R. BUILDING, QUEENS ROAD, BANGALORE. ... APPELLANTS. (BY SRI K V ARAVIND, ADV.) AND: M/S. SHASTHA PHARMA LABORATORIES, NO.16/2, OVH ROAD, BANGALORE. ...RESPONDENT

M/S T T K PRESTIGE LTD vs. THE UNION OF INDIA REPTD BY ITS FINANCE SECRETARY

WP/26037/2005HC Karnataka06 Dec 2019

Bench: The Hon’Ble Mr.Justice P.B. Bajanthri W.P. No.26037/2005 C/W W.P.No.4464/2007 & W.P.No.27087/2005(It)

Section 115

D. Profits and Gains of business or Profession E. Capital Gains F. Income from other sources. (2) 'Perquisite' includes : (i) the value of rent-free accommodation provided to the assessee by his employer; (ii) the value of any concession in the matter of rent respecting any accommodation provided to the assessee by the employer; (iii) the value of any benefit

PR COMMISSIONER OF WEALTH TAX-6 vs. M R KODANDRAM

Appeals stand dismissed

WTA/11/2017HC Karnataka18 Oct 2019

Bench: RAVI MALIMATH,ASHOK S.KINAGI

Section 260Section 260A

17-17-1306, SVMCO BUILDING N.G.ROAD, ATTAVARA MANGALURU - 575001 PAN: AAACT5176F …RESPONDENT (BY SRI A.SHANKAR, SENIOR COUNSEL A/W SRI M.LAVA, ADV.) THIS INCOME TAX APPEAL IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 18.03.2016 PASSED IN ITA NO.35/BANG/2015, FOR THE ASSESSMENT YEAR 2010-2011. PRAYING TO 1. FORMULATE THE SUBSTANTIAL QUESTIONS

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

D.- Profits and gains of business or profession. E.- Capital gains. F.- Income from other sources. A.- 15 Salaries. 28. Profits and gains of business or profession 1The following income shall be chargeable to income- tax under the head" Profits and gains of business or profession",- (i) the profits and gains of any business or profession which was carried

THE COMMISSIONER OF INCOME TAX vs. M/S ASSOCIATED ELECTRONIC AND ELCTRICAL

The appeal stands dismissed

ITA/358/2009HC Karnataka18 Dec 2015

Bench: S.SUJATHA,VINEET SARAN

Section 260Section 48Section 55Section 55(2)(a)

D G M E N T This appeal is filed by the Revenue under section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) challenging the Order passed by the Income Tax Appellate Tribunal, Bangalore Bench [B] dated 6.2.2009 for the Assessment Year 1996-97. 2. The facts in brief are that

SRI HARIRAM HOTELS P LTD vs. COMMISSIONER OF INCOME TAX (III)

Appeal is allowed

ITA/53/2009HC Karnataka16 Dec 2015

Bench: S.SUJATHA,VINEET SARAN

Section 115JSection 260

5. Learned counsel Sri.S P Bhat appearing along with Sri C Basavaiah for the appellant submitted that the authorities under the Income Tax Act,1961 (hereinafter referred to as the ‘Act’ for brevity) exceeded the jurisdiction in rescrutinising book profit, declared by the assessee and approved by the Registrar of Companies. 6 The Assessing Officer has no power to disturb

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

Capital gain and the same has been accepted as such in the assessment proceedings. Last date for issue of notice u/s 148 is 31/03/2013. Last date for passing order u/s. 263 is 31/03/2013. Tax effect involved is Rs.1,01,97,000/- 5 a]. if remedial action is taken, details such as section and date of NA - 16 - order demand raised

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

Capital gain and the same has been accepted as such in the assessment proceedings. Last date for issue of notice u/s 148 is 31/03/2013. Last date for passing order u/s. 263 is 31/03/2013. Tax effect involved is Rs.1,01,64,058/- 5 a]. if remedial action is taken, details such as section and date of NA - 16 - order demand raised

THE COMMISSIONER OF INCOME TAX vs. SMT PADMAVATHY

The appeal is dismissed

ITA/1147/2006HC Karnataka16 Aug 2012

Bench: B.MANOHAR,K.SREEDHAR RAO

Section 260Section 54Section 54E

D G M E N T The Revenue has filed this appeal challenging the order dated 17-04-2006 made in ITA No.1473/Bang/2003 passed by the Income Tax Appellate Tribunal, Bangalore Bench-B dismissing the appeal and confirming the order dated 11-09-2003 passed by the Commissioner of Income Tax (Appeals), Bangalore (‘CIT (Appeals)’ for short) in ITA No.14/W6