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52 results for “disallowance”+ Section 195(2)clear

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Key Topics

Section 260A275Section 26064Section 4050Section 19528Deduction21Section 10A20Disallowance20TDS13Section 80H12Depreciation

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

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

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

Showing 1–20 of 52 · Page 1 of 3

10
Section 80I9
Section 106

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

PR COMMISSIONER OF INCOME TAX-7 vs. M/S TALLY SOLUTIONS PVT LTD

In the result, the appeals fail and are hereby

ITA/951/2017HC Karnataka16 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 195Section 260Section 40

2 to Section 9(1)(vi) of the Act and since, no TDS was deduction under Section 195 of the Act on the aforesaid payment, therefore, disallowance

PR. COMMISSIONER OF vs. M/S TALLY SOLUTIONS PVT LTD.,

In the result, the appeals fail and are hereby

ITA/199/2017HC Karnataka16 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 195Section 260Section 40

2 to Section 9(1)(vi) of the Act and since, no TDS was deduction under Section 195 of the Act on the aforesaid payment, therefore, disallowance

PR COMMISSIONER OF INCOME TAX-7 vs. M/S TALLY SOLUTIONS PVT LTD

In the result, the appeals fail and are hereby

ITA/952/2017HC Karnataka16 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 195Section 260Section 40

2 to Section 9(1)(vi) of the Act and since, no TDS was deduction under Section 195 of the Act on the aforesaid payment, therefore, disallowance

PR.COMMISSIONER OF vs. M/S JEANS KNIT PVT.LTD

In the result, we do not find any

ITA/571/2016HC Karnataka19 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 10Section 260Section 260A

disallowed the assessee's claim for deduction under Section 10B of the Act. 5. The Assessing Officer inter alia held that assessee is entitled to deduction under Section 10B of the Act only after verification and the contention of the assessee that old machinery from FFIPL was transferred to it only in April 2007 does not deserve acceptance

PR COMMISSIONER OF vs. M/S JEANS KNIT PVT LTD

In the result, we do not find any

ITA/559/2015HC Karnataka19 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 10Section 260Section 260A

disallowed the assessee's claim for deduction under Section 10B of the Act. 5. The Assessing Officer inter alia held that assessee is entitled to deduction under Section 10B of the Act only after verification and the contention of the assessee that old machinery from FFIPL was transferred to it only in April 2007 does not deserve acceptance

PR COMMISSIONER OF INCOME TAX-4 vs. M/S JEANS KNIT PVT LTD

In the result, we do not find any

ITA/580/2016HC Karnataka19 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 10Section 260Section 260A

disallowed the assessee's claim for deduction under Section 10B of the Act. 5. The Assessing Officer inter alia held that assessee is entitled to deduction under Section 10B of the Act only after verification and the contention of the assessee that old machinery from FFIPL was transferred to it only in April 2007 does not deserve acceptance

PR COMMISSIONER OF INCOME TAX-6 vs. M/S SUBEX TECHNOLOGIES LTD

In the result, the appeal is disposed of

ITA/180/2017HC Karnataka21 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 142(1)Section 143(2)Section 195Section 260Section 260ASection 40

disallowance made under section 40(a)(ia) of the Act by holding that assessee made only journal entries in the books and as such it does not require deduction of TDS even when the assessing authority has rightly held that the assessee required to deduct TDS towards payments made sub- 3 contractor as per section 195

M/S J K INDUSTRIES LTD vs. THE JOINT COMMISSIONER OF INCOME TAX

In the result, all questions are answered against the

ITA/1360/2006HC Karnataka26 Feb 2013

Bench: D.V.SHYLENDRA KUMAR,B.SREENIVASE GOWDA

Section 260ASection 28Section 80H

section 28 of the Act, not factoring these amounts for computing the amount of export incentives provided to export of products and what is submitted is that because of not allowing all incentive type deductions claimed, an error has crept in; that the appellate commissioner while simply rejected the claim of the assessee in appeal by 11 holding that they

THE PR. COMMISSIONER OF INCOME -TAX vs. M/S KAWASAKI MICRO ELECTRONICS INC

The appeal is disposed of

ITA/341/2016HC Karnataka09 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 195Section 260Section 260ASection 30Section 32Section 37Section 40

195 of the Act without appreciating that section 40 starts with a non-obstante clause overruling the section 30 to 38 of the Act and therefore the claim of depreciation on the capitalized assets is also subject to disallowance under section 40(a)(i) of the Act? 2

PR. COMMISSIONER OF INCOME TAX-5 vs. M/S. PUMA SPORTS INDIA P., LTD.,

The appeal stands dismissed

ITA/223/2018HC Karnataka12 Mar 2021

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

Section 143(3)Section 144Section 260Section 40Section 5(2)(b)Section 9(1)(i)Section 92C

disallowance made under Section 40(a)(1) of the Act for the sum of 5 Rs.7,29,13,934/- by holding that the income of the non-residents by way of commission cannot be considered as accrued or arisen or deemed to accrue or arise in India as the services of such agents were rendered or utilized outside India

M/S COURSE5 INTELLIGENCE PVT. LTD., vs. THE INCOME TAX OFFICER

Appeals stand disposed of, as indicated above

ITA/389/2014HC Karnataka01 Sept 2021

Bench: S.SUJATHA,RAVI V HOSMANI

Section 10ASection 195Section 2Section 260Section 260ASection 36Section 40

2. Whether the Tribunal was justified on the facts and circumstances of the case the Tribunal is right in law in directing that deduction under Section 10A should be allowed on the income as increased by the disallowance of expenditure made by invoking the provisions of Section 40[a][i] without appreciating that the amount representing the disallowance on account

PR COMMISSIONER OF vs. M/S WIPRO LIMITED

In the result, the appeal is disposed of in terms

ITA/464/2017HC Karnataka09 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 10ASection 260Section 260ASection 32

195 of the Act. 7. It is also argued that since payment to non resident was in the nature of royalty in terms of Explanation 2 to Section 9(1)(vi) of the Act and no TDS 16 was deducted on the payment, therefore, disallowance

THE COMMISSIONER OF INCOME TAX vs. M/S ABBEY BUSINESS SERVICES

In the result, we do not find any merit in the appeal

ITA/420/2015HC Karnataka06 Jul 2021

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 195Section 260Section 40

2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been filed by the revenue. The subject matter of the appeal pertains to the Assessment Year 2005-06. The appeal was admitted by a Bench of this Court on the following substantial questions of law: "a) Whether

THE COMMISSIONER OF INCOME TAX vs. M/S ABBEY BUSINESS SERVICES

In the result, we do not find any merit in the appeal

ITA/421/2015HC Karnataka06 Jul 2021

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 195Section 260Section 40

2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been filed by the revenue. The subject matter of the appeal pertains to the Assessment Year 2006-07. The appeal was admitted by a Bench of this Court on the following substantial questions of law: "a) Whether

ALLEGIS SERVICES (INDIA) PRIVATE LIMITED vs. THE DEPUTY COMMISSIONER OF

The appeal is allowed

ITA/40/2019HC Karnataka17 Apr 2021

Bench: SATISH CHANDRA SHARMA,S VISHWAJITH SHETTY

Section 195Section 260ASection 3Section 40

disallowance made under Section 40(a)(i) of the Income-tax Act, 1961 for non deduction of tax at source under Section 195 of the Income Tax Act in respect of the payments made by the appellant for purchase of computer software by holding that the said payments are in the nature of ‘royalty’. 2

M/S BIG BAGS INTERNATIONAL (P) LTD vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

In the result, the order of the tribunal to the

ITA/432/2016HC Karnataka14 Dec 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 254(2)Section 260Section 260ASection 36Section 36(1)(vii)

2. Facts leading to filing of this appeal briefly stated are that assessee is a private limited company and is engaged in the business of manufacture of PP- FIBC Bags. By a scheme of amalgamation, M/s Big Bags (India) Private Limited was merged with the assessee company with approval of this court with effect from 01.04.2009. The assessee filed

THE PR. COMMISSIONER OF INCOME TAX vs. M/S CERNER HEALTH

In the result, the appeal is disposed of

ITA/210/2016HC Karnataka26 May 2021

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 10ASection 195Section 260Section 40

2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been filed by the revenue against the order dated 04.09.2015 passed by the Income Tax Appellate Tribunal. The subject matter of the appeal pertains to Assessment Year 2008-09. The appeal was admitted by a Bench of this

LITTLE EYE SOFTWARE LABS PRIVATE LIMITED

In the result, the appeal is disposed of

COP/210/2016HC Karnataka25 Nov 2016

Bench: VINEET KOTHARI

Section 10ASection 195Section 260Section 40

2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’, for short) has been filed by the revenue against the order dated 04.09.2015 passed by the Income Tax Appellate Tribunal. The subject matter of the appeal pertains to Assessment Year 2008-09. The appeal was admitted by a Bench of this