M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

25 goods are received and an audit is conducted in order to ensure that the goods received are in conformity with the specifications contained in the purchase order. Since the physical movement of the goods and their verification after receipt takes some time, it is likely that the accounting of the purchases is done a month or two (occasionally

M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

25 goods are received and an audit is conducted in order to ensure that the goods received are in conformity with the specifications contained in the purchase order. Since the physical movement of the goods and their verification after receipt takes some time, it is likely that the accounting of the purchases is done a month or two (occasionally

INGRAM MICRO INDIA PVT.LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

25 goods are received and an audit is conducted in order to ensure that the goods received are in conformity with the specifications contained in the purchase order. Since the physical movement of the goods and their verification after receipt takes some time, it is likely that the accounting of the purchases is done a month or two (occasionally

INGRAM MICRO INDIA PVT. LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

25 goods are received and an audit is conducted in order to ensure that the goods received are in conformity with the specifications contained in the purchase order. Since the physical movement of the goods and their verification after receipt takes some time, it is likely that the accounting of the purchases is done a month or two (occasionally

ACE DESIGNERS LIMITED vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

25 goods are received and an audit is conducted in order to ensure that the goods received are in conformity with the specifications contained in the purchase order. Since the physical movement of the goods and their verification after receipt takes some time, it is likely that the accounting of the purchases is done a month or two (occasionally

DEPA INDIA PRIVATE LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

25 goods are received and an audit is conducted in order to ensure that the goods received are in conformity with the specifications contained in the purchase order. Since the physical movement of the goods and their verification after receipt takes some time, it is likely that the accounting of the purchases is done a month or two (occasionally

KAVERI PLASTO CONTAINERS PVT LTD vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

25 goods are received and an audit is conducted in order to ensure that the goods received are in conformity with the specifications contained in the purchase order. Since the physical movement of the goods and their verification after receipt takes some time, it is likely that the accounting of the purchases is done a month or two (occasionally

M/S ANS CONSTRUCTIONS LTD vs. DEPUTY COMMISSIONER OF COMMERCIAL

Bench: The Hon’Ble Mrs.Justice S.Sujatha

disallowed the claim of input tax credit. It is beneficial to refer to the relevant paragraphs which reads thus: “12. It is contended on behalf of the assessee that, once input tax has been paid, by virtue of Section 10 the assessee is entitled to the rebate of the tax against the output tax notwithstanding the fact that such

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO LTD

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

25 of the India-US DTAA even though 50% deduction of the eligible income under Section 80-O of the Act was allowed. The said relief - 27 - was granted by the CIT(A) which the Department has accepted. Since the claim for foreign tax credit is an entitlement like any other pre-paid tax, no revised return as contemplated under

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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

25 of the India-US DTAA even though 50% deduction of the eligible income under Section 80-O of the Act was allowed. The said relief - 27 - was granted by the CIT(A) which the Department has accepted. Since the claim for foreign tax credit is an entitlement like any other pre-paid tax, no revised return as contemplated under

PR.COMMISSIONER OF INCOMETAX-2 vs. M/S.EYGBS (INDIA) PVT LTD

Bench: CHIEF JUSTICE,C M JOSHI

25. More importantly, the proviso to sub-section (4) of Section 92C also clearly states that no deduction under Section 10A or 10AA or 10B or under Chapter VI-A of the Act would be allowed in respect of the amount of income by which the total income

KARNATAKA STATE BEVERAGES CORPORTION LIMITED vs. THE COMMISSIONER OF INCOME TAX

Bench: The Hon’Ble Mr. Justice Anand Byrareddy Writ Petition No.12872 Of 2013 (T-It) Connected With Writ Petition No.14687 Of 2014 (T-It), Writ Petition No.15910 Of 2015 (T-It) & Writ Petition No.17514 Of 2015 (T-It) In W.P.No.12872 Of 2013 Between: Karnataka State Beverages Corporation Limited, Represented By It’S Executive Director (Finance), Sri. Shrikant B Vanahalli, Aged About 57 Years, No.78, Seethalakshmi Towers, Mission Road, Bangalore 560 027. …Petitioner

10(4) of the 1922 Act was similarly worded as Section 40(a)(ii) with one 17 major difference. In that, the word ‘cess’ was deleted. Thus, in order to bring it into the ambit of disallowance, it would have to be specifically included in the section. It is also pointed out that the words ‘royalty’ or ‘privilege

MANGALORE REFINERY AND PETROCHEMICALS LTD vs. PRINCIPAL COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

Disallowance under section 40(a)(i): Particulars Disputed Income Disputed tax [i.e., tax @ 33.99% on disputed income] Payable under DTVST Act @s 50% of tax As per Petitioner 42,92,10,516 14,58,88,654 7,29,44,327 As per Revenue 80,19,59,658 27,25

MANGALORE REFINERY AND PETROCHEMICALS LTD vs. PRINCIPAL COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

Disallowance under section 40(a)(i): Particulars Disputed Income Disputed tax [i.e., tax @ 33.99% on disputed income] Payable under DTVST Act @s 50% of tax As per Petitioner 42,92,10,516 14,58,88,654 7,29,44,327 As per Revenue 80,19,59,658 27,25

THE PR. COMMISSIONER OF INCOME-TAX vs. M/S. TE CONNECTIVITY INDIA PVT. LTD.,

Accordingly dispose of the appeal as allowed

Bench: ACTING CHIEF JUSTICE,S RACHAIAH

10,000/- debited by the assessee to the P & L account towards commission on sales. As the assessee did not do TDS on this amount, the AO should have disallowed this amount u/s 40(a)(ia). The AO has not made this disallowance even though a similar disallowance has been made

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

The appeals are allowed; the impugned

Bench: SATISH CHANDRA SHARMA,R. NATARAJ

disallowed the excess depreciation claimed on networking equipments. 3. The Principal Commissioner of Income Tax, Bengaluru, thereafter issued a notice under Section 263 of the Act of 1961 on 5.3.2015 and called upon the assessee to explain as to why the assessment order passed by the assessing officer under Section 143(3) of the Act of 1961 should

THE DIRECTOR OF INCOME TAX EXEMPTIONS vs. AL-AMEEN CHARITABLE FUND TRUST

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

disallowing a double deduction will be meaningless even in respect of the previous years for which deduction is allowed under S.10(2) (xiv) /S.35 in respect of the same asset. If that were the correct principle, The assessee should logically be entitled to deduction by way of depreciation for allprevious years including those for which allowance have been granted under

THE DIRECTOR OF INCOME TAX vs. M/S GOKULA EDUCATION FOUNDATION (MEDICAL)

The appeals are dismissed

Bench: S.SUJATHA,N.K.PATIL

disallowing a double deduction will be meaningless even in respect of the previous years for which deduction is allowed under S.10(2) (xiv) /S.35 in respect of the same asset. If that were the correct principle, The assessee should logically be entitled to deduction by way of depreciation for allprevious years including those for which allowance have been granted under