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130 results for “capital gains”+ Section 200(1)clear

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Key Topics

Section 26042Section 4827Section 54E6Capital Gains6Section 260A5Section 143(3)4Short Term Capital Gains4Disallowance4Section 143(2)

THE PR COMMISSIONER OF vs. M/S MPHASIS LIMITED

ITA/909/2017HC Karnataka16 Aug 2018

Bench: The Hon'Ble Mr. Justice M. Nagaprasanna

Section 482

gains or short term capital loss. Therefore, the tax stood cleared in the year 2016 through revised returns. This fact is not in dispute. After the petitioners filed their revised returns complaints come to be registered against all these petitioners invoking Section 200 of the CrPC before the learned Magistrate for offences punishable under Section

THE DIRECTOR OF INCOME-TAX vs. M/S. INTEL CAPITAL (CAYMAN) CORPORATION

In the result, the appeal fails and is hereby

ITA/385/2013HC Karnataka06 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 115ASection 143(3)

Showing 1–20 of 130 · Page 1 of 7

3
Depreciation3
Deduction3
Addition to Income3
Section 144C
Section 260
Section 260A
Section 47

200/- as per bond agreement at the prevalent convertible foreign currency rate. It was further held that Clause (xa) of Section 47 of the Act refers to transfer by way of conversion of bonds referred to in Clause (a) of sub-Section 115AC of the Act. Therefore, the aforesaid provision is not applicable to the case in hand. Accordingly

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

200/-. Subsequently, the assessee filed revised returns on 11-11-1999 declaring the income of Rs.13,83,616/-. The income declared consists of income from property, capital gain and income from other sources. The Assessing Officer selected the returns filed by the assessee for scrutiny. The assessee has claimed deduction under Section 54EA of the Income Tax Act (hereinafter referred

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

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

Section 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee, laid out or expended wholly and exclusively for the purpose of the business or profession shall be allowed in computing the income chargeable under the head "Profits and gains of business or profession. Explanation. - For the removal of doubts

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

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

200(1) of the Companies At, 1956 and to this extent the provisions of the Chapter are to be struck down. 11 I. All employers are tarred as tax avoiders with the same brush by the introduction of chapter XII – H and to this extent the provisions therein requires to be struck down. J. The employer is not granted

M/S. KARNATAKA INSTRADE CORPORATION LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

The appeal is allowed in part

ITA/339/2009HC Karnataka09 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 144Section 145Section 260

capital gain earned by selling of the cement factory was assessed for the assessment years 2004-05 and 2006-07. The department has accepted the same. However, the Tribunal disallowed the said 23 expenditure holding that the assessee had closed the business in the year 1995 itself and no document has been shown that they had incurred any expenditure during

SRI B V ACHARYA S/O LATE RAMACHANDRA ACHARYA vs. SRI N VENKATESHAIAH

WP/14047/2012HC Karnataka03 Aug 2012

Bench: V.JAGANNATHAN

Section 156(3)Section 482

capitation fee issue is concerned, the 18 submission made is that the writ petition filed in this regard by the students came to be dismissed by this court. Therefore, none of the offences alleged in the complaint can be said to have been, even remotely, made out against the petitioner and thus, it is clear that the entire complaint

M/S. EVERGREEN HARDWARE STORES vs. THE ASSISTANT COMMISSIONER OF

Appeal is allowed

ITA/201/2017HC Karnataka02 Dec 2022

Bench: P.S.DINESH KUMAR,UMESH M ADIGA

Section 143(3)Section 14ASection 260Section 45(4)

1 Business Transfer Agreement 2 The Commissioner of Income Tax (Appeal) I.T.A No.201/2017 5 (ii) addition under Section 45(4) with regard to: (a) land at Adugodi Rs.54,89,677/- (b) Building Rs.68,86,826; (iii) disallowance of premium on Insurance Policy of Rs.3,33,333/-. 4. Re-disallowance of Rs.53,367/- under Section 14A of the IT Act. Shri

PR COMMISSIONER OF INCOME TAX vs. M/S ENNOBLE CONSTRUCTION

ITA/383/2016HC Karnataka20 Jul 2022

Bench: KRISHNA S.DIXIT,P.KRISHNA BHAT

Section 260Section 260A

1) section 37, which has the following text: “Any expenditure (not being expenditure of the nature described in section 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee) laid out or expended wholly and exclusively for the purpose of the business or profession shall be allowed in computing the income chargeable

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD

ITA/1046/2008HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

capital asset, depreciation was allowed on the amount spent on transfer of know-how. Intangible assets, such as know-how, patent rights etc., were included for depreciation only after 01.04.1998, which was by the amendment in Section 32 of the Act. 25. In the present case, there is no dispute about the fact that know-how was acquired

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD.,

ITA/765/2009HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

capital asset, depreciation was allowed on the amount spent on transfer of know-how. Intangible assets, such as know-how, patent rights etc., were included for depreciation only after 01.04.1998, which was by the amendment in Section 32 of the Act. 25. In the present case, there is no dispute about the fact that know-how was acquired

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD.,

ITA/769/2009HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

capital asset, depreciation was allowed on the amount spent on transfer of know-how. Intangible assets, such as know-how, patent rights etc., were included for depreciation only after 01.04.1998, which was by the amendment in Section 32 of the Act. 25. In the present case, there is no dispute about the fact that know-how was acquired

THE COMMISSIONER OF INCOME TAX vs. M/S AMCO POWER SYSTEMS LTD.,

ITA/767/2009HC Karnataka07 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 260

capital asset, depreciation was allowed on the amount spent on transfer of know-how. Intangible assets, such as know-how, patent rights etc., were included for depreciation only after 01.04.1998, which was by the amendment in Section 32 of the Act. 25. In the present case, there is no dispute about the fact that know-how was acquired

DEVON PLANTATIONS AND INDUSTRIES LTD., vs. THE DY. COMMISSIONER OF INCOME TAX

In the result, the appeal is disposed of with the

ITA/247/2018HC Karnataka22 Mar 2021

Bench: ALOK ARADHE,M.G.S. KAMAL

Section 260Section 260ASection 48

1), C.R. BUILDING QUEENS ROAD, BENGALURU-560001. 2. THE COMMISSIONER OF INCOME TAX C.R. BUILDING, QUEENS ROAD BENGALURU-560001. ... RESPONDENTS (BY SRI. E.I. SANMATHI, ADV., FOR R1 & R2) - - - THIS I.T.A. IS FILED UNDER SEC. 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 17.11.2017 PASSED IN ITA NO.1940/BANG/2016 (ANNEXURE-G), FOR THE ASSESSMENT YEAR 2007-08, PRAYING

SRI M SHANTHA KUMAR vs. THE COMMISSIONER OF INCOME TAX-II

WP/2176/2012HC Karnataka26 Nov 2012

Bench: The Hon'Ble Mr. Justice H.G.Ramesh Writ Petition Nos.2176 & 11524/2012 (T-It) Between: Sri M Shantha Kumar Aged About 63 Years S/O Muniyappa Proprietor M/S Satya Hospital No.1, 1933/1, 1934 Kammanahalli Main Road Bangalore 560 084 ...Petitioner (By Sri. Maheshkiran Shetty, Advocate) And: 1 The Commissioner Of Income Tax-Ii Queens Road, Bangalore 2 The Deputy Commissioner Of Income Tax, Circle 5(1) Mission Road, Bangalore. ...Respondents (By Sri. Jeevan J Neeralgi, Advocate For R1& R2) These Writ Petitions Are Filed Under Articles 226 & 227 Of The Constitution Of India Praying To Quash The Order Passed By The 1St Respondent Dated 05.04.2010 Vide Annexure G & Etc. These Writ Petitions Coming On For Preliminary Hearing, This Day, The Court Made The Following:

Section 271(1)(c)

Section 271(1)(c) of the Income Tax Act, 1961 (iv) the order dated 16.12.2010 (Annexure-L) passed by the Appellate Authority in the appeal filed against the aforesaid order of penalty dated 19.05.2010. 2. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. 3. The sole contention urged by the learned

DR SYED ANWAR vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

Appeal is allowed

ITA/421/2014HC Karnataka18 Oct 2022

Bench: P.S.DINESH KUMAR,T.G. SHIVASHANKARE GOWDA

Section 143(3)Section 158BSection 260

200%. Feeling aggrieved, assessee challenged both orders passed by the CIT(A) (order dated January 27, 2011 and August 16, 2011) before the ITAT. By the impugned common order, the ITAT has dismissed assessee's appeals. Hence, these appeals. 1 Commissioner of Income Tax (Appeals) - 5 - ITA.421/2014 4. Sri.A.Shankar, learned Senior Advocate mainly contended • That M/s.Oberoi, M/s.Janson and two other

THE COMMISSIONER OF INCOME-TAX vs. M/S ING VYSYA BANK LTD

The appeal is dismissed

ITA/221/2015HC Karnataka08 Jul 2022

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

Section 143(2)Section 250Section 260Section 263

capital asset. It merely enhances the productivity or the efficiency and therefore, it has to be treated as a Revenue expenditure. 8. We may record that in Oriental Bank of Commerce Vs. Additional Commissioner of Income-tax5 has held as follows: " 7. The mere circumstance that the depreciation rate is spelt out in the Schedule to the Income

LANGDON & SEAH CONSULTING INDIA PRIVATE LIMITED

The appeal is dismissed

COP/221/2015HC Karnataka29 Jan 2016

Bench: VINEET KOTHARI

Section 143(2)Section 250Section 260Section 263

capital asset. It merely enhances the productivity or the efficiency and therefore, it has to be treated as a Revenue expenditure. 8. We may record that in Oriental Bank of Commerce Vs. Additional Commissioner of Income-tax5 has held as follows: " 7. The mere circumstance that the depreciation rate is spelt out in the Schedule to the Income