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400 results for “disallowance”+ Section 10(4)(ii)clear

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Key Topics

Section 260139Section 260A75Section 80I39Deduction36Addition to Income32Disallowance27Section 143(3)26Section 14822Section 14720Section 263

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

WP/32896/2016HC Karnataka06 Dec 2019

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

Section 10(3)Section 35

II, 6TH FLOOR, VANIJYA THERIGE KARYALAYA - 1, GANDHINAGAR, BENGALURU - 560009 2 . DEPUTY COMMISSIONER OF COMMERCIAL TAXES, AUDIT - 4.5, DVO – 4, ROOM No.204, 2ND FLOOR, VTK - 2, KORAMANGALA BANGALORE - 560047 R - 2 - 3 . STATE OF KARNATAKA DEPARTMENT OF FINANCE BY ITS SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE – 560001 …RESPONDENTS [BY SRI T.K.VEDAMURTHY, AGA.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

SONAL APPAREL PRIVATE LTD., vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/22483/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

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Section 14A14
Depreciation10

M/S INDIA MOTOR PARTS & ACCESSORIES LTD vs. THE DEPUTY COMMISSIONER OF

Of the Department's clouded interpretation of the Centum

WP/2925/2016HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

ACE DESIGNERS LIMITED vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/57835/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

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

Of the Department's clouded interpretation of the Centum

WP/56067/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

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

Of the Department's clouded interpretation of the Centum

WP/38510/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

DEPA INDIA PRIVATE LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/23533/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

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

Of the Department's clouded interpretation of the Centum

WP/38509/2015HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

KAVERI PLASTO CONTAINERS PVT LTD vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

WP/11249/2016HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

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

Of the Department's clouded interpretation of the Centum

WP/3104/2016HC Karnataka29 Mar 2016

Bench: ANAND BYRAREDDY

ii. When the transfer of title to the goods happens; c) Issuance of tax-invoice is an indication of transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid

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

4 of the Act. However, subject to the assessee satisfying the conditions prescribed income under Section 10-A is exempted from making such payment. Once the assessee is made to pay tax on such exempted income in the other contracting State then Section 90(1)(a)(ii) enables him to claim credit of the tax paid in the contracting country

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

4 of the Act. However, subject to the assessee satisfying the conditions prescribed income under Section 10-A is exempted from making such payment. Once the assessee is made to pay tax on such exempted income in the other contracting State then Section 90(1)(a)(ii) enables him to claim credit of the tax paid in the contracting country

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)

disallow such claim made by the assessee though duly certified by the prescribed authority by taking recourse to the later portion of sub-clause (ii) of sub-section (4) of Section 43 of the Act. He would summarise his 9 submissions by contending the definition of ‘scientific research’ found in Section 43(4) has been imported to Section

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

ITA/107/2025HC Karnataka12 Sept 2025

Bench: CHIEF JUSTICE,C M JOSHI

Section 10ASection 14ASection 260Section 260A

10 - HC-KAR NC: 2025:KHC:36360-DB ITA No. 107 of 2025 C/W ITA No. 106 of 2025 anticipation of TP adjustments by the Transfer Pricing Officer and to avoid rigors of Section 92C(4) of the Act and consequently enhanced benefits under section 10AA of the Act"? (ii) "Whether on facts and circumstances of the case, the Tribunal

THE COMMISSIONER OF INCOME-TAX vs. M/S. MANDAVI BUILDERS

In the result, the appeal fails and is hereby

ITA/307/2015HC Karnataka22 Sept 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 143(3)Section 152Section 153Section 260Section 260ASection 80A(5)Section 80I

ii) Whether, on the facts and in the circumstances of the case, that the Tribunal was right in holding that, transactions entered into, with the buyers of flats, are eligible for deduction, even though there is violation of the sub-Sections(e) and (f) of Section 80IB(10), on the ground that these transactions were entered into before the amendments

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

WP/12872/2013HC Karnataka18 Feb 2016

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

Disallowance was only when the payment was either rate or tax and when it is fee, cess, royalty, these further items have been brought in only by the Finance Act, 2013 with effect from the assessment year 2014-15. Section 10(4) of the 1922 Act was similarly worded as Section 40(a)(ii

M/S BANGALORE ELECTRICITY SUPPLY COMPANY LTD vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

In the result, the order passed by the tribunal

ITA/204/2013HC Karnataka27 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 115JSection 143(2)Section 143(3)Section 260Section 260ASection 80I

ii) Whether the Tribunal was justified in law in holding that capitalization of expenditure on renovation and modernization in the books of accounts is condition precedent for claiming deduction under section 80IA(4)(iv)(c) of the Act on 3 the facts and circumstances of the case? (iii) Whether the provision of section 115JB of the Act is applicable

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

ITA/315/2018HC Karnataka12 Mar 2021

Bench: ALOK ARADHE,ASHOK S.KINAGI

Section 260Section 260A

4. The assessee thereafter filed a miscellaneous petition under Section 254(2) of the Act which was disposed of by an order dated 06.12.2017 and it was held as under: (i) The claim for disallowance of interest made with regard to investments in the share capital of A.N.Coffeeday, the matter was remitted to the Assessing Officer. (ii) With regard

PR. COMMISSIONER OF INCOME TAX vs. M/S AMALGAMATED BEAN COFFEE TRADING CO LTD

In the result, the orders dated 21

ITA/388/2018HC Karnataka12 Mar 2021

Bench: ALOK ARADHE,ASHOK S.KINAGI

Section 260Section 260A

4. The assessee thereafter filed a miscellaneous petition under Section 254(2) of the Act which was disposed of by an order dated 06.12.2017 and it was held as under: (i) The claim for disallowance of interest made with regard to investments in the share capital of A.N.Coffeeday, the matter was remitted to the Assessing Officer. (ii) With regard

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

ITA/313/2018HC Karnataka12 Mar 2021

Bench: ALOK ARADHE,ASHOK S.KINAGI

Section 260Section 260A

4. The assessee thereafter filed a miscellaneous petition under Section 254(2) of the Act which was disposed of by an order dated 06.12.2017 and it was held as under: (i) The claim for disallowance of interest made with regard to investments in the share capital of A.N.Coffeeday, the matter was remitted to the Assessing Officer. (ii) With regard