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208 results for “disallowance”+ Section 13(2)(d)clear

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Key Topics

Section 260163Section 260A40Section 10A34Addition to Income31Disallowance30Deduction29Section 14825Section 10B22Section 14A17Section 143(3)

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

disallowed under section 37 of the Act is outside the purview of fringe benefit tax as explained by CBDT Circular dated 29/8/2005 in response to Question No.35. Hence the contention of the assessee that levy of fringe benefit tax is double taxation is incorrect. 6. It is submitted that the petitioner has contended that the benefits/expenses can be taxed

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)

Showing 1–20 of 208 · Page 1 of 11

...
15
Section 80H15
Revision u/s 26311
Section 260A
Section 37(1)
Section 92A
Section 92C

d) Without prejudice to the above, the case does not fall under section 92CA of the Act. Section 33 92CA is applicable in the cases where arm length price has to be computed under section 92C of the Act, in the cases relating to an international transaction. The term international transaction has been defined in section

THE COMMISSIONER OF INCOME-TAX vs. TEXAS INSTRUMENTS INDIA PVT LTD

The appeals are dismissed

ITA/141/2020HC Karnataka21 Apr 2021

Bench: SATISH CHANDRA SHARMA,SURAJ GOVINDARAJ

Section 143(2)Section 194Section 2Section 206ASection 40Section 80J

disallowed under Section 43- B which, as stated above, was inserted with effect from 1st April, 1984. It is also relevant to note that the first proviso which came into force with effect from 1st April, 1988 was not on the statute book when the assessments were made in the case of Allied Motors (P) Limited (supra). However, the Assessee

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

ITA/512/2017HC Karnataka23 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 2(22)(e)Section 254Section 260

d) of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’ for short) in terms of Section 115-O of the Act on the pay-out by it for buy-back of its own shares from its foreign Holding Company, M/s. FIS Holding Muritian Ltd. incorporated in Mauritius. 7. The Appellant Assessee Company bought back its own shares

THE COMMISSIONER OF INCOME TAX (EXEMPTION) vs. CMR JNANADHARA TRUST

The appeals stand dismissed

ITA/142/2025HC Karnataka21 Feb 2026

Bench: S.G.PANDIT,K. V. ARAVIND

Section 260Section 260A

2) the following, namely:- (a) the author of the trust or the founder of the institution62, (b) any person who has made a substantial contribution to the trust or institution, [that is to say, any person whose total contribution up to the end of the relevant previous year exceeds [fifty] thousand rupees

M/S J K CEMENT WORKS vs. THE STATE OF KARNATAKA

STRP/100001/2014HC Karnataka23 Mar 2017

Bench: H.B.PRABHAKARA SASTRY,VINEET KOTHARI

Section 63Section 65Section 65(1)

d) Notwithstanding anything contained in this Act, where any dealer has sold goods at a price lesser than the price of such goods purchased by him, the amount of input tax credit shall be restricted to the amount of output tax of such goods” “ 12. Deduction of input tax in respect of Capital goods.— (1) Deduction of input tax shall

THE COMMISSIONER OF INCOME TAX vs. PRAVEEN V DODDANAVAR

ITA/100003/2014HC Karnataka20 Feb 2017

Bench: SREENIVAS HARISH KUMAR,VINEET KOTHARI

Section 63Section 65Section 65(1)

d) Notwithstanding anything contained in this Act, where any dealer has sold goods at a price lesser than the price of such goods purchased by him, the amount of input tax credit shall be restricted to the amount of output tax of such goods” “ 12. Deduction of input tax in respect of Capital goods.— (1) Deduction of input tax shall

THE BAILHONGAL URBAN COOPERATIVE BANK LTD vs. THE COMMISSIONER OF INCOME TAX

ITA/100001/2014HC Karnataka16 Dec 2015

Bench: S.ABDUL NAZEER,P.S.DINESH KUMAR

Section 63Section 65Section 65(1)

d) Notwithstanding anything contained in this Act, where any dealer has sold goods at a price lesser than the price of such goods purchased by him, the amount of input tax credit shall be restricted to the amount of output tax of such goods” “ 12. Deduction of input tax in respect of Capital goods.— (1) Deduction of input tax shall

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

In the result, I pass the following:-

WP/10523/2022HC Karnataka18 Nov 2022

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

Section 5(1)

d) for costs of this Petition. “ 2. Both the petitions are by the same petitioner – assessee seeking identical reliefs. While W.P.No.10551/2022 is in relation to the assessment year 2008-09, W.P.No.10523/2022 is in relation to the assessment year 2009-10. Since common issues arise for consideration in both the matters, they are taken up together and disposed

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

In the result, I pass the following:-

WP/10551/2022HC Karnataka18 Nov 2022

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

Section 5(1)

d) for costs of this Petition. “ 2. Both the petitions are by the same petitioner – assessee seeking identical reliefs. While W.P.No.10551/2022 is in relation to the assessment year 2008-09, W.P.No.10523/2022 is in relation to the assessment year 2009-10. Since common issues arise for consideration in both the matters, they are taken up together and disposed

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

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

2) was issued on 14.02.2005. A questionnaire was issued on 27.04.2006 calling for certain details and the compliance was fixed on various dates beginning from 19.05.2006. The assessee- company filed written replies along with enclosures. Assessment u/s 143(3) was completed and orders dated 29.12.2006 for assessment year 2004-05 was passed after - 23 - making certain allowances/ disallowances, re-computation

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

2) was issued on 14.02.2005. A questionnaire was issued on 27.04.2006 calling for certain details and the compliance was fixed on various dates beginning from 19.05.2006. The assessee- company filed written replies along with enclosures. Assessment u/s 143(3) was completed and orders dated 29.12.2006 for assessment year 2004-05 was passed after - 23 - making certain allowances/ disallowances, re-computation

SRI N GOVINDARAJU vs. THE INCOME TAX OFFICER

Appeal stands disposed of

ITA/504/2013HC Karnataka01 Jul 2015

Bench: S.SUJATHA,VINEET SARAN

Section 143(1)Section 147Section 148Section 45(2)

d). Besides the aforesaid issue, on facts/merits also certain questions have been raised which would require consideration of this Court. Brief facts of this case are that the appellant, who is assessed as an individual, has income from house property, transport business, capital gains and other sources. For the assessment year 2004-05, he 3 filed his Income Tax return

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)

13,72,23,231/- came to be disallowed. 24. Thus, an amount of ` 48,41,82,071/- out of deduction of ` 89,35,48,193/- claimed under Section 38 35(2AB) was disallowed and added to the income of the assessee. It has been held by the second respondent that the mandate of the prescribed authority is limited to certifying

M/S NANDI STEELS LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

In the result, the findings

ITA/103/2012HC Karnataka23 Feb 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(1)Section 143(3)Section 147Section 148Section 260Section 260ASection 6

disallowed the claim of set off of brought forward loss. It is also pointed out that proviso to Section 72(i) was omitted by Finance act, 1999 with effect from 01.04.2000 and for the impugned assessment year 2003-04, the assessee was not required to carry on the business for the purpose of set off of brought forward business loss

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

13 - HC-KAR NC: 2025:KHC:36360-DB ITA No. 107 of 2025 C/W ITA No. 106 of 2025 into, a modified return in accordance with and limited to the agreement. (2) Save as otherwise provided in this section, all other provisions of this Act shall apply accordingly as if the modified return is a return furnished under Section