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117 results for “capital gains”+ Section 253(2)clear

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Key Topics

Section 2609Section 478Section 54F5Section 2633Section 143(3)3Section 353Section 144C2Section 47A2Disallowance2Addition to Income

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

2) Whether on the facts and in the circumstances of the case, the Honourable Tribunal is right in law in stating that the Respondent has failed to satisfy the condition under section 47(xiii)(b) although the shares in the successor company have been allotted in the ratio of capital accounts as stood in the books of the firm

KIDS CLINIC INDIA PRIVATE LIMITED

COP/60/2015HC Karnataka21 Aug 2015

Bench: KRISHNA S DIXIT

Section 260Section 47

Showing 1–20 of 117 · Page 1 of 6

2
Capital Gains2
Long Term Capital Gains2
Section 47A

2) Whether on the facts and in the circumstances of the case, the Honourable Tribunal is right in law in stating that the Respondent has failed to satisfy the condition under section 47(xiii)(b) although the shares in the successor company have been allotted in the ratio of capital accounts as stood in the books of the firm

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

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

DEVAS MULTIMEDIA PRIVATE LIMITED vs. THE PRINCIPAL COMMISSIONER OF INCOME-TAX

WP/11618/2016HC Karnataka27 Sept 2019

Bench: The Hon’Ble Mr.Justice P.B. Bajanthri Writ Petition No.11618 Of 2016 (T-It) Between:

Section 142(4)Section 143(2)Section 143(3)Section 144Section 144CSection 263Section 92C

Gains chargeable to tax under Section 45 of the Act are, denied to be income. The amounts received on issue of share capital including the premium is undoubtedly on capital account. Share premium have been made taxable by a legal fiction under Section 56(2)(viib) of the Act and the same is enumerated as Income in Section 2

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

In the result, order of the

ITA/238/2015HC Karnataka12 Jul 2021

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 260Section 260ASection 54Section 54F

2. Facts leading to filing of this appeal briefly stated are that the assessee is an individual. The assessee was a shareholder in two companies viz., Pearl Insulation Pvt. Ltd. And M/s Pearl Metal Products Pvt. Ltd. The assessee had transferred the shares held by him in the aforesaid companies on 21.08.2008 resulting in Long Term Capital Gains. The assessee

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)

253(4) of the Act? (2) If the answer to the above question is in the negative; Whether impugned order dated 15 31.01.2014 – Annexure-R passed by first respondent is liable to be interfered for any reason whatsoever? (3) What order? RE: POINT No.(1) 11. Learned Advocate appearing for respondents has raised a preliminary objection with regard to maintainability

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 COMMISSIONER OF INCOME TAX vs. M/S WIPRO LTD

In the result, the appeals are partly allowed

ITA/133/2007HC Karnataka23 Aug 2013

Bench: B.MANOHAR,DILIP B.BHOSALE

Section 260

gains of business or profession”. It is not the case of assessee that the expenditure incurred by them is covered by Sections 30 to 36 of the Act, and even if that was so the question of allowing the expenditure under Section 37(1) of the Act would not arise. 18. In our opinion, the expenditure towards the religious funds

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

253 ITR 0749 (Guj). 29.Learned counsel for the respondent/assessee relied upon Section 309(1) of the Companies Act, 1956, which reads as under “309. Remuneration of directors.-(1) The remuneration payable to the directors of a company, including any managing or whole- time director, shall be determined, in accordance with and subject to the provisions of section 198 and this

UB SPORTS MANAGEMENT OVERSEAS LIMITED vs. THE DISPUTE RESOLUTION PANEL-2

WP/35769/2018HC Karnataka08 Apr 2022

Bench: The Hon’Ble Mr. Justice B. M. Shyam Prasad

Section 253

2. Sri. Percy Pardiwalla, the learned Senior Counsel, submits that during the pendency of these writ petitions, the Assessment Orders have been passed incorporating the directions issued by the DRP on 20.07.2018 and these Assessment Orders have been called in question by the petitioners in their respective appeals under Section 253 of the Income Tax Act, 1961. The petitioners were

M/S ARASOR CORPORATION vs. M/S XALTED INFORMATION SYSTEMS PVT LTD

COP/66/2010HC Karnataka28 Jul 2015

Bench: ANAND BYRAREDDY

Section 433Section 434Section 439

capital stock; provided, however, that subsection (i) of this section shall not apply to nonstock corporations. 29 8 Del. C. 1953, § 312; 56 Del. Laws, c.50; 59 Del. Laws, c. 106, § 16; 64 Del. Laws, c. 112, § 56; 66 Del. Laws, c. 352, §11; 68 Del. Laws, c. 163, § 2; 70 Del. Laws, c. 587, § 29, 30; 73 Del. Laws

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

DR ARJUN KALASAPUR vs. STATE OF KARNATAKA

WP/45738/2018HC Karnataka21 Dec 2018

Bench: The Hon'Ble Mr. Justice Krishna S.Dixit

253 29. DR VARUN B R S/O RENUKAPPA, AGED ABOUT 27 YEARS R/AT # 40/41, JAGAJYOTHINAGAR 4TH CROSS, MEI LAYOUT WEST, NAGASANDRA POST,BANGALORE-560 073 23 30. DR NISHANTH LAKSHMIKANTHA S/O LAKSHIMANTHA B R AGED ABOUT 28 YEARS R/AT NO.647, 4TH CROSS,3RD BLOCK, KORAMANGALA, BANGALORE-560 034 31. DR VINOD GOWDA K H S/O HANUME GOWDA, AGED ABOUT

DR. MADHAVA. M. vs. STATE OF KARNATAKA

WP/52140/2018HC Karnataka21 Dec 2018

Bench: The Hon'Ble Mr. Justice Krishna S.Dixit

253 29. DR VARUN B R S/O RENUKAPPA, AGED ABOUT 27 YEARS R/AT # 40/41, JAGAJYOTHINAGAR 4TH CROSS, MEI LAYOUT WEST, NAGASANDRA POST,BANGALORE-560 073 23 30. DR NISHANTH LAKSHMIKANTHA S/O LAKSHIMANTHA B R AGED ABOUT 28 YEARS R/AT NO.647, 4TH CROSS,3RD BLOCK, KORAMANGALA, BANGALORE-560 034 31. DR VINOD GOWDA K H S/O HANUME GOWDA, AGED ABOUT

DR PRESTEENA MATHEW vs. STATE OF KARNATAKA

WP/47256/2018HC Karnataka21 Dec 2018

Bench: The Hon'Ble Mr. Justice Krishna S.Dixit

253 29. DR VARUN B R S/O RENUKAPPA, AGED ABOUT 27 YEARS R/AT # 40/41, JAGAJYOTHINAGAR 4TH CROSS, MEI LAYOUT WEST, NAGASANDRA POST,BANGALORE-560 073 23 30. DR NISHANTH LAKSHMIKANTHA S/O LAKSHIMANTHA B R AGED ABOUT 28 YEARS R/AT NO.647, 4TH CROSS,3RD BLOCK, KORAMANGALA, BANGALORE-560 034 31. DR VINOD GOWDA K H S/O HANUME GOWDA, AGED ABOUT

DR SWAMY MANJUNATH S T vs. STATE OF KARNATAKA

WP/46917/2018HC Karnataka21 Dec 2018

Bench: The Hon'Ble Mr. Justice Krishna S.Dixit

253 29. DR VARUN B R S/O RENUKAPPA, AGED ABOUT 27 YEARS R/AT # 40/41, JAGAJYOTHINAGAR 4TH CROSS, MEI LAYOUT WEST, NAGASANDRA POST,BANGALORE-560 073 23 30. DR NISHANTH LAKSHMIKANTHA S/O LAKSHIMANTHA B R AGED ABOUT 28 YEARS R/AT NO.647, 4TH CROSS,3RD BLOCK, KORAMANGALA, BANGALORE-560 034 31. DR VINOD GOWDA K H S/O HANUME GOWDA, AGED ABOUT

DR SHARATH B RAJU vs. STATE OF KARNATAKA

WP/46335/2018HC Karnataka21 Dec 2018

Bench: The Hon'Ble Mr. Justice Krishna S.Dixit

253 29. DR VARUN B R S/O RENUKAPPA, AGED ABOUT 27 YEARS R/AT # 40/41, JAGAJYOTHINAGAR 4TH CROSS, MEI LAYOUT WEST, NAGASANDRA POST,BANGALORE-560 073 23 30. DR NISHANTH LAKSHMIKANTHA S/O LAKSHIMANTHA B R AGED ABOUT 28 YEARS R/AT NO.647, 4TH CROSS,3RD BLOCK, KORAMANGALA, BANGALORE-560 034 31. DR VINOD GOWDA K H S/O HANUME GOWDA, AGED ABOUT

SRI. GURUPRASAD vs. GOVERNMENT OF KARNATAKA

WP/8176/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

2 . SRI. SRINGERI MUTT VIDABHINAVA NARASIMHA BHARATI SWAMI GURU SACHIDANANDA SHANKAR BHARATI SWAMIGALU, KUDLI SHIVAMOGGA TALUK SHIVAMOGGA - 577 227. 3 . THE TAHASILDHAR HIREKERUR TALUK HAVERI - 581 111. …RESPONDENTS (BY SRI. PRABHULING K NAVADAGI, AG A/W SRI. V. SREENIDHI, AGA AND SMT. KAVITHA H.C, HCGP FOR R-1 & R-3 R-2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES

P. D. PONNAPPA vs. STATE OF KARNATAKA

WP/12975/2019HC Karnataka19 Jan 2021

Bench: ARAVIND KUMAR,B.A.PATIL

2 . SRI. SRINGERI MUTT VIDABHINAVA NARASIMHA BHARATI SWAMI GURU SACHIDANANDA SHANKAR BHARATI SWAMIGALU, KUDLI SHIVAMOGGA TALUK SHIVAMOGGA - 577 227. 3 . THE TAHASILDHAR HIREKERUR TALUK HAVERI - 581 111. …RESPONDENTS (BY SRI. PRABHULING K NAVADAGI, AG A/W SRI. V. SREENIDHI, AGA AND SMT. KAVITHA H.C, HCGP FOR R-1 & R-3 R-2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES