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18 results for “capital gains”+ Section 1Aclear

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Key Topics

Section 26018Section 260A17Section 46Section 10A4Section 143(3)4Section 80I4Deduction4Section 353Section 113Disallowance

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

capital gains to be taxed in the hands of the recipient share holder, viz., Mauritius Holding Company in the present case, in India. Date of Judgment :23-07-2018 I.T.A.No.512/2017 M/s. Fidelity Business Services India Pvt. Ltd., Vs. Assistant Commissioner of Income-Tax, & Anr. 16/86 18. He further submitted that the said Indo- Mauritius DTAA, of course now stands

PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S MEDICAL RELIEF SOCIETY OF

Appeal is dismissed by

ITA/179/2021HC Karnataka25 Mar 2024

S.G.PANDIT,C.M. POONACHA

2
Addition to Income2
Bench:
Section 11Section 260

Section 11 (1A) (b) of the Income Tax Act, 1961"? 2. "Whether on the facts and circumstances of the case and in law, the Tribunal was correct in upholding the decision of the appellate authority that long term capital gains

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

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

In the result, I proceed to pass the following:

WP/7004/2014HC Karnataka24 Apr 2015

Bench: The Hon’Ble Mr.Justice Aravind Kumar

Section 143(3)Section 144C(1)Section 144C(13)Section 35Section 35(1)(i)

gains of business or profession. 43. In sections 28 to 41 and in this section, unless the context otherwise requires— (1) "actual cost" means xxx section 47. (2) "paid" means actually xxx profession. (3) "plant" includes xxx fittings. (4)[(i) "scientific research" means any activities for the extension of knowledge in the fields of natural or applied science including agriculture

COMMISSIONER OF INCOME-TAX vs. M.R.SAMPANGIRAMAIAH

ITA/178/2015HC Karnataka22 Jul 2022

Bench: P.S.DINESH KUMAR,C.M. POONACHA

Section 96

capital gains tax, etc., the official figure should be lesser. In a sense, to that extent, it is a case of tax avoidance which is culpable both legally and morally. One cannot gainfully argue that it is a case of tax planning, intent being corrupt. However, that has been done at the instance of the 1st defendant, at whose hands

THE COMMISSIONER OF INCOME TAX vs. M/S URBAN LADDER HOME DECOR SOLUTIONS PVT LTD

Appeals are dismissed

ITA/11/2022HC Karnataka07 Feb 2025

Bench: V KAMESWAR RAO,S RACHAIAH

Section 260

gains derived from the alienation of any such right or property which are contingent on the productivity, use, or disposition thereof ; and (b) payments of any kind received as consideration for the use of, or the right to use, any industrial, commercial, or scientific equipment, other than payments derived by an enterprise described in paragraph 1 of Article 8 (Shipping

THE PR COMMISSIONER OF INCOME TAX vs. SHRI.M ABDUL ZAHID

ITA/100033/2018HC Karnataka19 Jul 2021

Bench: KRISHNA S.DIXIT,PRADEEP SINGH YERUR

Section 260A

1A) prohibits transportation or storing of any mineral otherwise than by licence/permit; a business without licence/permit is made punishable under Section 21 of this Act. (b) Section 37 is in the nature of a residuary provision extending the allowance to items of business expenditure that are not covered by Sections 30 to 36 of the 1961 Act; the word ‘expenditure

THE PR COMMISSIONER OF INCOME TAX vs. SHRI.M. ABDUL ZAHID

ITA/100034/2018HC Karnataka19 Jul 2021

Bench: KRISHNA S.DIXIT,PRADEEP SINGH YERUR

Section 260A

1A) prohibits transportation or storing of any mineral otherwise than by licence/permit; a business without licence/permit is made punishable under Section 21 of this Act. (b) Section 37 is in the nature of a residuary provision extending the allowance to items of business expenditure that are not covered by Sections 30 to 36 of the 1961 Act; the word ‘expenditure

THE PR COMMISSIONER OF INCOME TAX, vs. M/S JAY MINERALS

ITA/100026/2018HC Karnataka19 Jul 2021

Bench: KRISHNA S.DIXIT,PRADEEP SINGH YERUR

Section 260A

1A) prohibits transportation or storing of any mineral otherwise than by licence/permit; a business without licence/permit is made punishable under Section 21 of this Act. (b) Section 37 is in the nature of a residuary provision extending the allowance to items of business expenditure that are not covered by Sections 30 to 36 of the 1961 Act; the word ‘expenditure

PR. COMMISSIONER OF INCOME TAX vs. M/S SASKEN

Appeals are dismissed at the stage of admission

ITA/44/2016HC Karnataka31 Oct 2018

Bench: ABHAY SHREENIWAS OKA (CJ),S.G.PANDIT

Section 10ASection 260

capital in nature. Further the Appellate Authority held that if certain expenses are to be reduced from the total turnover, deduction is to be calculated under Section 10A of the Act. The Appellate Authority also allowed set off of brought forward loss. 4. Aggrieved by the said order of the Appellate Authority, the revenue filed appeal before the Income

DEVADARSHINI INFO TECHNOLOGIES vs. UNION OF INDIA

WP/16707/2016HC Karnataka21 Nov 2017

Bench: The Hon’Ble Dr.Justice Vineet Kothari W.P.No.16707/2016 (T-It) Between Devadarshini Info Technologies Private Limited 23/2, 6Th Floor, Vittal Malya Road Bengaluru-560 001 Represented Herein By Its Director Mr. Deekshith K.M.

Section 133(6)

Sections 201(1) and 201(1A) of the Act for the Financial Year 2014-15. 2. Learned counsel for the petitioner-assessee submitted that despite detailed objections filed before the said Authority, the said Authority has failed to decide the Date of order 21-11-2017 W.P.No.16707/2016 Devadarshini Info Technologies Private Limited Vs. Union of India & others. 3/4 objections

THE PR. COMMISSIONER OF INCOME TAX vs. M/S CISCO SYSTEMS

The appeals are allowed; the impugned

ITA/27/2019HC Karnataka18 Jun 2021

Bench: SATISH CHANDRA SHARMA,R. NATARAJ

Section 143(3)Section 144Section 260ASection 263Section 32

capital expenditure is incurred by the assessee for the purposes of the business or profession on the 14 construction of any structure or doing of any work in or in relation to, and by way of renovation or extension of, or improvement to, the building, then, the provisions of this clause shall apply as if the said structure or work

THE COMMISSIONER OF INCOME TAX vs. M/S KARNATAKA STATE BEVERAGES CORPORATION LIMITED

WA/855/2016HC Karnataka03 Mar 2017

Bench: P.S.DINESH KUMAR,JAYANT PATEL

Section 4

capital expenditure or personal expenditure made wholly or exclusively for the purpose of business or profession shall be allowed in computing the income chargeable under the head `Profits and gains of business or profession’ and any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law same shall not be deemed

THE COMMISSIONER OF INCOME TAX vs. KARNATAKA STATE BEVERAGES CORPORATION

WA/856/2016HC Karnataka03 Mar 2017

Bench: P.S.DINESH KUMAR,JAYANT PATEL

Section 4

capital expenditure or personal expenditure made wholly or exclusively for the purpose of business or profession shall be allowed in computing the income chargeable under the head `Profits and gains of business or profession’ and any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law same shall not be deemed

COMMISSIONER OF INCOME TAX vs. M/S PRIMAL PROJECTS (P) LTD

In the result, the appeal fails and is hereby

ITA/196/2011HC Karnataka10 Nov 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 260Section 260ASection 80I

capital gain under the Act. 11 It is also contended that a unit means a separate taxable entity. It is also argued that Section 80IA of the Act is a incentive provision granting tax benefit and therefore, the same has to be construed strictly and the provision of the taxing statute has to be construed in a manner, object / purpose

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

capital, but the workman should also be entitled to participate in it. 103 11. Learned senior counsel for the petitioners relied upon the following judgments with regard to “Transfer was malafide”: (i) The Judgment of the Bombay High Court in the case of STANDARD CHARTERED BANK LIMITED, MUMBAI .vs. GRINDLAYS BANK EMPLOYEES UNION, MUMBAI AND ANOTHER reported

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