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186 results for “capital gains”+ Section 43(5)clear

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Key Topics

Section 260162Exemption13Section 260A11Section 14811Depreciation10Addition to Income10Section 143(3)8Section 143(2)8Section 478

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 186 · Page 1 of 10

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Section 158B8
Section 4827
Deduction7

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

43,710/- to the extent of Rs.51,37,329/- and with interest under Sections 234A and 234B of the Act, a total demand of Rs.93,17,550/- was raised against the Assessee-firm. 7. The First Appellate Authority viz., CIT(A) partly allowed the appeal of the Assessee and upheld the levy of capital gains tax on the partnership firm

KIDS CLINIC INDIA PRIVATE LIMITED

COP/60/2015HC Karnataka21 Aug 2015

Bench: KRISHNA S DIXIT

Section 260Section 47Section 47A

43,710/- to the extent of Rs.51,37,329/- and with interest under Sections 234A and 234B of the Act, a total demand of Rs.93,17,550/- was raised against the Assessee-firm. 7. The First Appellate Authority viz., CIT(A) partly allowed the appeal of the Assessee and upheld the levy of capital gains tax on the partnership firm

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

5. Being aggrieved by the order of the Tribunal in allowing the appeal on certain issues, the Revenue has preferred this appeal. 6. Learned counsel for the Revenue submitted that the Assessing Officer has held that goodwill and technical know-how are one and the same whereas the Commissioner of Income Tax [Appeals] has held that no evidence was produced

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

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)

gain. Sri.Thirumalesh relied upon the judgments reported in (2011) 237 CTR 227 (Madras) in the case of INDO TECH ELECTRIC COMPANY v/s DEPUTY COMMISSIONER OF INCOME TAX and (2011) 337 ITR 178 (Delhi) in the case of THE 39 COMMISSIONER OF INCOME TAX v/s MEDIWORLD PUBLICATION PRIVATE LIMITED. On the other hand, Sri.H.S.Ramabhadran, learned counsel appearing for the assessee contended

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

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

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 or amenity granted or provided free of cost

PR COMMISSIONER OF INCOME TAX vs. M/S IND SING DEVELOPERS P LTD

The appeal is dismissed

ITA/541/2015HC Karnataka02 Mar 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 167BSection 2(31)Section 2(47)Section 260Section 3Section 4Section 67A

section 48, the 34 fair market value of the asset on the date of such transfer shall be deemed to be the full value of the consideration received or accruing as a result of the transfer. The capital asset here, which was the land, could be considered as transferred to the AOP in the year in which assessee entered

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

43 of the Act, according to which, it would be actual payment made or liability incurred. According to the appellant- Revenue, the liability of the assessee arose on the date when it was responsible/liable to pay as per the agreement, and not on the date of transfer of the technical know-how. 22. Per contra, learned counsel for the respondent

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

43 of the Act, according to which, it would be actual payment made or liability incurred. According to the appellant- Revenue, the liability of the assessee arose on the date when it was responsible/liable to pay as per the agreement, and not on the date of transfer of the technical know-how. 22. Per contra, learned counsel for the respondent

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

43 of the Act, according to which, it would be actual payment made or liability incurred. According to the appellant- Revenue, the liability of the assessee arose on the date when it was responsible/liable to pay as per the agreement, and not on the date of transfer of the technical know-how. 22. Per contra, learned counsel for the respondent

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

43 of the Act, according to which, it would be actual payment made or liability incurred. According to the appellant- Revenue, the liability of the assessee arose on the date when it was responsible/liable to pay as per the agreement, and not on the date of transfer of the technical know-how. 22. Per contra, learned counsel for the respondent

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

Section 43-B of the Act. No document has been produced to show that the assessee had incurred business expenditure and no receipt has been produced to prove the said expenditure. The First Appellate Authority remanded the matter to the Assessing Authority insofar as rates and taxes is concerned. The Tribunal set aside the expenditure incurred with regard to traveling

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

5) Whether the order of cognizance by the Economic Offences Court is proper and correct? … … …” 6 Crl.P.No.5480 of 2016 c/w 5481 of 2016 decided on 28-01-2021 38 The co-ordinate Bench answers the said issues as follows: “…. … 10. Answer to Point No.3: Whether the delayed payment of Income Tax would amount to evasion

SHRI. NAVIN JOLLY vs. THE INCOME-TAX OFFICER

In the result, appeal is allowed

ITA/320/2011HC Karnataka18 Jun 2020

Bench: ALOK ARADHE,M.NAGAPRASANNA

Section 143(2)Section 260Section 260ASection 54FSection 54F(1)

capital gain of Rs.1,55,47,315/-. The appellant further declared that he had constructed a residential property during the year situate at 808/7 and 808/8 Kaikondanahalli, Sarjapur, Bangalore. The appellant claimed exemption under Section 54F of the Act to the extent of Rs.1,55,47,315/-. Before the assessing officer, the assessee agreed voluntarily to offer

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

Appeals are dismissed

ITA/177/2015HC Karnataka22 Jul 2022

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

Section 260

5 (1992)194 ITR 125 (Ker) I.T.A Nos.176/2015, 520/2014, 175/2015, 177/2015, 178/2015, 179/2015, 298/2015 19 16. Thus, the Assessing Officer, the CIT(A) and the ITAT have considered both aspects namely, the distance from BBMP and the lands falling within the notified area of BIAPAA. 17. Section 2(14)(iii)(b) of the Act, prior to amendment, does not indicate

COMMISSIONER OF INCOME vs. M.R.PADMAVATHY TRUST

Appeals are dismissed

ITA/298/2015HC Karnataka22 Jul 2022

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

Section 260

5 (1992)194 ITR 125 (Ker) I.T.A Nos.176/2015, 520/2014, 175/2015, 177/2015, 178/2015, 179/2015, 298/2015 19 16. Thus, the Assessing Officer, the CIT(A) and the ITAT have considered both aspects namely, the distance from BBMP and the lands falling within the notified area of BIAPAA. 17. Section 2(14)(iii)(b) of the Act, prior to amendment, does not indicate

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

Appeals are dismissed

ITA/179/2015HC Karnataka22 Jul 2022

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

Section 260

5 (1992)194 ITR 125 (Ker) I.T.A Nos.176/2015, 520/2014, 175/2015, 177/2015, 178/2015, 179/2015, 298/2015 19 16. Thus, the Assessing Officer, the CIT(A) and the ITAT have considered both aspects namely, the distance from BBMP and the lands falling within the notified area of BIAPAA. 17. Section 2(14)(iii)(b) of the Act, prior to amendment, does not indicate