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238 results for “disallowance”+ Section 11(1)(d)clear

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Key Topics

Section 260167Section 260A62Addition to Income38Disallowance28Deduction21Section 14818Section 14A17Section 10A15Section 143(3)14Section 10B

THE COMMISSIONER OF INCOME TAX GULBARGA vs. M/S MANJUNATHA COTTON AND GINNING FACTORY

The appeals are dismissed

ITA/2564/2005HC Karnataka13 Dec 2012

Bench: ARAVIND KUMAR,N.KUMAR

Section 260Section 260A

d) Mens rea is not essential element for imposing penalty for breach of civil obligations or liabilities. It further held that : “It is significance to note that the conceptual and contextual difference between section 271(1)(c) and section 276C of the Income-tax Act was lost sight of in Dilip N. Shroff’s case (2007) 8 Scale

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

Showing 1–20 of 238 · Page 1 of 12

...
10
Section 115J10
Revision u/s 26310
Section 260

11(FB) under the Wealth Tax Act, it was held credit for income tax paid in other country in relation to income under Section 10-A will not be available under Section 90(1)(a). Under Section 90(1)(b), the Central - 32 - Government may enter into an agreement with the Government of any country outside India for the avoidance

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

11(FB) under the Wealth Tax Act, it was held credit for income tax paid in other country in relation to income under Section 10-A will not be available under Section 90(1)(a). Under Section 90(1)(b), the Central - 32 - Government may enter into an agreement with the Government of any country outside India for the avoidance

THE PRINCIPAL COMMISSIONER vs. M/S OBULAPURAM MINING

ITA/100012/2017HC Karnataka17 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 143(3)Section 144CSection 144C(13)Section 260ASection 37(1)Section 92ASection 92C

11 as per which, on the date 12.05.2011, the current director of Inter Link Services Group Limited was Arangannal S/o Kathamuthu and he was appointed on 24.04.2001 and the current shareholder on that date was Iyer Corporate Services Pvt. Ltd. (Formerly known as Crest Services Pvt. Ltd.,). Thereafter, it was submitted that as per the assessment order

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S NIRANI SUGARS LTD.,

In the result, the impugned orders passed by

ITA/100099/2015HC Karnataka15 Oct 2019

Bench: ALOK ARADHE,P.G.M.PATIL

Section 115JSection 260ASection 32Section 32(1)

disallowance of depreciation. The assessee thereupon approached the Income Tax Appellate Tribunal. The Tribunal, by an order dated 19.02.2015 has allowed the appeal preferred by the assessee and set aside the order of the Commission of Income Tax (Appeals). The Assessing Officer was further directed to allow depreciation as per Appendix I at the higher rates. The Tribunal, inter alia

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S NIRANI SUGARS LTD.,

In the result, the impugned orders passed by

ITA/100098/2015HC Karnataka15 Oct 2019

Bench: ALOK ARADHE,P.G.M.PATIL

Section 115JSection 260ASection 32Section 32(1)

disallowance of depreciation. The assessee thereupon approached the Income Tax Appellate Tribunal. The Tribunal, by an order dated 19.02.2015 has allowed the appeal preferred by the assessee and set aside the order of the Commission of Income Tax (Appeals). The Assessing Officer was further directed to allow depreciation as per Appendix I at the higher rates. The Tribunal, inter alia

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

ITA/705/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 153CSection 153DSection 260A

11. The assessee was intimated, vide office letter dated 07.01.2013 to obtain copies of relevant material which are in possession of CBI or any other agency and prepare the return of income showing the correct income earned during the financial year 2010-11. Based upon this penalty proceedings under Section 271(1)(c) and 271F were initiated

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

ITA/704/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 148Section 153CSection 153DSection 260A

D. The prayer sought for in this appeal is to set aside the said order by allowing the appeal and confirming the order of the Appellate Commissioner and thereby confirming the order passed by the Deputy Commissioner of Income Tax, Central Circle – 1(3), Bengaluru and with a further prayer seeking to set-aside the order passed by the Income

COMMISISONER OF INCOME TAX vs. OHIO UNIVERSITY CHRIST COLLEGE

ITA/312/2016HC Karnataka17 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 11Section 12ASection 260

1)(a).” 19. In so far as question No.3 quoted above is concerned, the finding of the Tribunal are quoted below for ready reference : “7.5.1 We have heard the rival contentions and perused and carefully considered the material on record, including the judicial pronouncements cited. The purposes mentioned by the assessee trust in Form No.10 were `for use in purchase

PR.COMMISSIONER OF vs. M/S SACKHUMVIT TRUST

ITA/394/2018HC Karnataka14 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 11Section 15Section 260Section 32Section 70

d) and 15% of income set apart in earlier assessment year cannot be construed as income of ht current year and 15% set apart out of the current year income is also excluded from income available for application?” 3. This Court in case of ‘Commissioner of Income Tax-III, Pune v. Rajasthan & Gujarati Charitable Date of Judgment

PR. COMMISSIONER OF INCOME TAX vs. M/S. ANJUMAN-E-ISLAM

ITA/428/2018HC Karnataka14 Aug 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 11Section 15Section 260Section 32Section 70

d) and 15% of income set apart in earlier assessment year cannot be construed as income of ht current year and 15% set apart out of the current year income is also excluded from income available for application?” 3. This Court in case of ‘Commissioner of Income Tax-III, Pune v. Rajasthan & Gujarati Charitable Foundation Poona’ [2018] 89 taxmann.com

PR. COMMISSIONER OF INCOME TAX-2 vs. M/S.J.J.GLASTRONICS PVT LTD

The appeal stands dismissed

ITA/167/2021HC Karnataka13 Apr 2022

Bench: S.SUJATHA,J.M.KHAZI

Section 10Section 11Section 115JSection 12Section 143(3)Section 14ASection 254Section 260Section 260A

d) amend any intimation under sub-section (1) of section 206CB; - 8 - (1A) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub- section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend

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

D) TO THE EXTENT QUESTIONED & ETC. THESE I.T.As. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: COMMON JUDGMENT These appeals under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) have been filed by the assessee as well as the revenue. I.T.A.No.313/2018 and I.T.A.No.315/2018 have been filed

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

D) TO THE EXTENT QUESTIONED & ETC. THESE I.T.As. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: COMMON JUDGMENT These appeals under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) have been filed by the assessee as well as the revenue. I.T.A.No.313/2018 and I.T.A.No.315/2018 have been filed

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

D) TO THE EXTENT QUESTIONED & ETC. THESE I.T.As. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: COMMON JUDGMENT These appeals under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) have been filed by the assessee as well as the revenue. I.T.A.No.313/2018 and I.T.A.No.315/2018 have been filed

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)

d) of Rule 7A of the Rules. This would clearly indicate that the prescribed authority after receiving the application under Rule 3CK would examine the said application in the background of the definition found in sub-section (4) of Section 43 and on being satisfied that such application satisfies the criteria prescribed under the Act, then alone it would issue

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

The appeals are dismissed

ITA/431/2013HC Karnataka22 Feb 2016

Bench: S.SUJATHA,N.K.PATIL

Section 260

1)(ii) and 35(2)(iv) of the 1922 Act - qua the same expenditure. Is then the use of the words "in respect of the same previous year" in clause (d) of the proviso to S.10(2) (xiv) of the 1922 Act and S. 35(2) (iv) of the 1961 Act contra-indication which permits a disallowance of depreciation only

THE COMMISSIONER OF INCOME TAX vs. M/S KARNATAKA REDDY JANASANGHA

The appeals are dismissed

ITA/56/2013HC Karnataka22 Feb 2016

Bench: S.SUJATHA,N.K.PATIL

Section 260

1)(ii) and 35(2)(iv) of the 1922 Act - qua the same expenditure. Is then the use of the words "in respect of the same previous year" in clause (d) of the proviso to S.10(2) (xiv) of the 1922 Act and S. 35(2) (iv) of the 1961 Act contra-indication which permits a disallowance of depreciation only

COMMISSIONER OF INCOME vs. SRI ADICHUNCHANAGIRI

The appeals are dismissed

ITA/1/2013HC Karnataka22 Feb 2016

Bench: S.SUJATHA,N.K.PATIL

Section 260

1)(ii) and 35(2)(iv) of the 1922 Act - qua the same expenditure. Is then the use of the words "in respect of the same previous year" in clause (d) of the proviso to S.10(2) (xiv) of the 1922 Act and S. 35(2) (iv) of the 1961 Act contra-indication which permits a disallowance of depreciation only

THE DIRECTOR OF INCOME TAX vs. INTERNATIONAL INSTITUTE OF INFORMATION TECHNOLOGY

The appeals are dismissed

ITA/414/2010HC Karnataka22 Feb 2016

Bench: S.SUJATHA,N.K.PATIL

Section 260

1)(ii) and 35(2)(iv) of the 1922 Act - qua the same expenditure. Is then the use of the words "in respect of the same previous year" in clause (d) of the proviso to S.10(2) (xiv) of the 1922 Act and S. 35(2) (iv) of the 1961 Act contra-indication which permits a disallowance of depreciation only