M/S. THE KOLAR & CHICKBALLAPUR vs. THE ASST. COMMISSIONER

The appeal stands disposed of as indicated above

Bench: S.SUJATHA,RAVI V HOSMANI

Capital gains” and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73

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

Appeal is allowed

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

73,419/- in various mutual funds from out of the Bank loans and Partners' Capital Account and paid interest on the borrowings. The Assessing Officer called upon the assessee to show cause as to why disallowance should be made under Section 14A of the IT Act and Rule 8(D) of the Rules. The assessee has explained that the investment

M/S FIDELITY BUSINESS SERVICES INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: S.SUJATHA,VINEET KOTHARI

gains arising to such shareholder or the holder of other specified securities, as the case may be, in the year in which such shares or other specified securities were purchased by the company. Explanation: For the purposes of this section, “specified securities” shall have the meaning assigned to it in Explanation to section 77A of the Companies

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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

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

Bench: N.KUMAR,B.SREENIVASE GOWDA

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

SRI B V S MURTHY vs. THE INCOME TAX OFFICER

The appeal is disposed of

Bench: ALOK ARADHE,RAVI V HOSMANI

73 YEARS B-004, ‘VAISHNAVI PARADISE’ 47TH CROSS, 8TH BLOCK JAYANAGAR, BANGALORE-560070. ... APPELLANT (By Sri. R.S.V.S. PAVAN KUMAR, ADV., FOR Sri. S. PARTHASARATHI, ADV.,) AND: THE INCOME-TAX OFFICER WARD-15(1), NO.59 HMT BHAVAN, BELLARY ROAD BANGALORE-560032. ... RESPONDENT (By Sri. K.V. ARAVIND, ADV.) - - - THIS I.T.A IS FILED UNDER SECTION 260-A OF IT ACT, 1961 ARISING

THE PR. COMMISSIONER OF INCOME-TAX vs. M/S. ELECTRONICS AND CONTROLS

Appeal stands dismissed

Bench: S.SUJATHA,E.S.INDIRESH

Capital gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73

PR. COMMISSIONER OF INCOME TAX-5 vs. M/S PNB METLIFE INDIA

Bench: S.SUJATHA,RAVI V HOSMANI

73 of the Act. The learned counsel further argued that the Judgment of ICICI Prudential Insurance Company Ltd., supra is not applicable to the facts of the present case. However, the Tribunal erred in placing reliance on the said Judgment in allowing the appeal filed by the assessee, holding that when Section 44 of the Act is applied, distinction between

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

The appeals are allowed; the impugned

Bench: SATISH CHANDRA SHARMA,R. NATARAJ

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. SMT. B. SUMANGALADEVI,

Appeal is allowed

Bench: K.BHAKTHAVATSALA,B.SREENIVASE GOWDA

capital gains and without there being any proof that the money seized in the hands of B.B.Swamy belongs to the appellant, erred in directing the revenue to adjust the amount of `10,00,000/- seized in the case of B.B.Swamy to the case of assessee and the Income Tax Appellate Tribunal also erred in confirming the Order of the Commissioner

PR. COMMISSIONER OF INCOME TAX vs. SMT. G. LAKSHMI ARUNA

Bench: K.SOMASHEKAR,UMESH M ADIGA

capital gains earned thereon had not been declared for tax. Accordingly, a sum of Rs.5,25,000/- was brought to tax. 15. Further at paragraph 8 of the order relating to bogus transportation expenses claimed for the assessment years 2009- 10 and 2010-11, the assessing officer has brought on record that the appellant has claimed transportation expenses

COMMISSIONER OF INCOME TAX (CENTRAL) vs. M/S. BAGMANE DEVELOPERS PVT LTD

Appeal is dismissed

Bench: S.N.SATYANARAYANA,JAYANT PATEL

section 153A of the I.T.Act, any fresh claims tht an assessee would wish to make could only be limited to matters arising out of the undisclosed income and not on such issues which have become final in regular assessments? (E) Whether under the facts and circumstances of the case, the tribunal was right in law in allowing assessee’s claim

SATISH N vs. STATE OF KARNATAKA

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

PR. COMMISSIONER OF INCOME TAX vs. SHRI. GALI JANARDHANA REDDY

Bench: K.SOMASHEKAR,UMESH M ADIGA

capital gains earned thereon had not been declared for tax. Accordingly, a sum of Rs.5,25,000/- was brought to tax. 14.Further at paragraph 8 of the order relating to bogus transportation expenses claimed for the assessment years 2009- 10 and 2010-11, the assessing officer has brought on record that the appellant has claimed transportation expenses for the years

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

In the result, I proceed to pass the following:

Bench: The Hon’Ble Mr.Justice Aravind Kumar

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

THE COMMISIONER OF INCOME-TAX vs. M/S IBC KNOWLEDGE PARK PVT LTD

In the result, the appeals filed by the Revenue

Bench: B.V.NAGARATHNA,JAYANT PATEL

gains of business and profession and therefore, depreciation has to be allowed. That reference made to Section 24 of the Act by the counsel for the Revenue is incorrect. He, therefore, contended that the Tribunal has rightly granted the depreciation on elevators also. - 18 - 15. We have considered the aforesaid submissions in light of the lease agreement dated 11/8/2003, which

THE COMMISSIONER OF INCOME-TAX vs. M/S. IBC KNOWLEDGE PARK PVT. LTD.,

In the result, the appeals filed by the Revenue

Bench: B.V.NAGARATHNA,JAYANT PATEL

gains of business and profession and therefore, depreciation has to be allowed. That reference made to Section 24 of the Act by the counsel for the Revenue is incorrect. He, therefore, contended that the Tribunal has rightly granted the depreciation on elevators also. - 18 - 15. We have considered the aforesaid submissions in light of the lease agreement dated 11/8/2003, which

THE COMMISSIONER OF INCOME-TAX vs. M/S. IBC KNOWLEDGE PARK PVT. LTD.,

In the result, the appeals filed by the Revenue

Bench: B.V.NAGARATHNA,JAYANT PATEL

gains of business and profession and therefore, depreciation has to be allowed. That reference made to Section 24 of the Act by the counsel for the Revenue is incorrect. He, therefore, contended that the Tribunal has rightly granted the depreciation on elevators also. - 18 - 15. We have considered the aforesaid submissions in light of the lease agreement dated 11/8/2003, which