THE PRINCIPAL COMMISSIONER vs. M/S OBULAPURAM MINING

Bench: K.SOMASHEKAR,UMESH M ADIGA

Disallowance under Section 37(1), the Tribunal has grossly erred in deleting the addition made by the Assessing Authority under section 37(1) of the Act towards the expenses claimed on its illegal mining activity. The Tribunal has grossly erred in rejecting the finding of facts on record relied upon by the Assessing Authority while making this addition. 20. Based

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

Bench: S.SUJATHA,VINEET KOTHARI

15 Ordinary shares of M/s. Hindustan Motors Limited on 05/03/1962 for `3,17,400/- and the said shares were sold through another broker for `2,94,300/- on 29/03/1962 and thus the Assessee incurred a loss of `23,100/- for the said year, the learned Tribunal held that though the said loss in sale and purchase of the shares could

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

Bench: H.B.PRABHAKARA SASTRY,VINEET KOTHARI

15 / 39 (7) tax paid under sub-section (2) of Section 3 on the purchase of fuel; (8) tax paid under sub-section (2) of Section 3 on the purchase of goods excluding fuel, until output tax is payable on such goods or other goods in which such goods are put to use except when the said goods are exported

THE COMMISSIONER OF INCOME TAX vs. PRAVEEN V DODDANAVAR

Bench: SREENIVAS HARISH KUMAR,VINEET KOTHARI

15 / 39 (7) tax paid under sub-section (2) of Section 3 on the purchase of fuel; (8) tax paid under sub-section (2) of Section 3 on the purchase of goods excluding fuel, until output tax is payable on such goods or other goods in which such goods are put to use except when the said goods are exported

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

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

15 / 39 (7) tax paid under sub-section (2) of Section 3 on the purchase of fuel; (8) tax paid under sub-section (2) of Section 3 on the purchase of goods excluding fuel, until output tax is payable on such goods or other goods in which such goods are put to use except when the said goods are exported

SRI N GOVINDARAJU vs. THE INCOME TAX OFFICER

Appeal stands disposed of

Bench: S.SUJATHA,VINEET SARAN

15 it becomes the duty of the Assessing Officer to levy tax on the entire income which may have escaped assessment during the assessment year. The said section 147 of the Act, as it now stands after 1.4.1989, may be read in a simple manner, in parts, as follows: If the Assessing Officer has reason to believe that any income

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

In the result, the orders dated 21

Bench: ALOK ARADHE,ASHOK S.KINAGI

2)(ii) wherein the term 'expansion' is used and substantial 'expansion' is defined as increase in investment of plant 14 and machinery by a specified percentage out of book value of plant and machinery, whereas, under Section 35D(1)(ii) and proviso to Section 36(1)(iii) prior to its amendment used the word 'extension'. 6. It is also submitted

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

Bench: ALOK ARADHE,ASHOK S.KINAGI

2)(ii) wherein the term 'expansion' is used and substantial 'expansion' is defined as increase in investment of plant 14 and machinery by a specified percentage out of book value of plant and machinery, whereas, under Section 35D(1)(ii) and proviso to Section 36(1)(iii) prior to its amendment used the word 'extension'. 6. It is also submitted

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

Bench: ALOK ARADHE,ASHOK S.KINAGI

2)(ii) wherein the term 'expansion' is used and substantial 'expansion' is defined as increase in investment of plant 14 and machinery by a specified percentage out of book value of plant and machinery, whereas, under Section 35D(1)(ii) and proviso to Section 36(1)(iii) prior to its amendment used the word 'extension'. 6. It is also submitted

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

The appeal stands dismissed

Bench: S.SUJATHA,J.M.KHAZI

2) of the Act, it has been observed that additions made by the assessing officer determining book profit under Section 115JB of the Act cannot be sustained. Any disallowance computed under Section 14A of the Act pertains to computation of income under the normal provisions of the Act and cannot be read into the provisions of Section 115JB

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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

15,000/- after claiming deduction under Section 10A of the Income Tax Act (for short, hereinafter referred to as the ‘Act’) to the extent of Rs.620,17,27,569/-. 4. The case for assessment year 2001-02 was selected for scrutiny and notice u/s 143(2) was issued on 09.11.2001. The assessee moved a rectification application u/s 154 for having

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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

15,000/- after claiming deduction under Section 10A of the Income Tax Act (for short, hereinafter referred to as the ‘Act’) to the extent of Rs.620,17,27,569/-. 4. The case for assessment year 2001-02 was selected for scrutiny and notice u/s 143(2) was issued on 09.11.2001. The assessee moved a rectification application u/s 154 for having

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

15,35,39,722 Disallowance under section 14A of the IT Act 3,84,26,370 Assessment Year - 2009-10 Particulars AY 2009-10 Disallowance of freight charges under section 40(a)(i) of the IT Act 80,19,59,658 Disallowance of Depreciation 13,09,37,839 Disallowance under section

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

15,35,39,722 Disallowance under section 14A of the IT Act 3,84,26,370 Assessment Year - 2009-10 Particulars AY 2009-10 Disallowance of freight charges under section 40(a)(i) of the IT Act 80,19,59,658 Disallowance of Depreciation 13,09,37,839 Disallowance under section

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

In the result, the findings

Bench: ALOK ARADHE,R. NATARAJ

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

Bench: CHIEF JUSTICE,C M JOSHI

2(24) of the Act and this Section defines profit and gains of the undertaking and thus is not eligible for computation under Section 10AA of the Act after the enhancement of income on voluntary TP adjustments by the assessee consequent to APA "? (iv) "Whether on facts and circumstances of the case, the Tribunal's order can be said

DIRECTOR OF INCOME TAX vs. M/S GROUP VOCATIONAL

The appeal is dismissed

Bench: S.SUJATHA,JAYANT PATEL

disallow the assessee’s Registration under section 12AA of the Act. 4.2.3 The learned DIT was of the view that the assessee trust is not for charitable purpose as per section 2(15

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