THE PRINCIPAL COMMISSIONER vs. M/S OBULAPURAM MINING

Bench: K.SOMASHEKAR,UMESH M ADIGA

2) Disallowance of Expenses under Explanation to section 37(1) and in respect of third issue i.e., addition made on account of sale of Land, the ITAT set-aside the order of CIT (A) on that issue and restored the matter to A.O. for a fresh decision with the same directions as were given by the tribunal

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

Bench: H.B.PRABHAKARA SASTRY,VINEET KOTHARI

7) of the KVAT Act, the recourse can also be made to Section 12 of the KVAT Act quoted above and the input tax in respect of the purchase of capital goods, including the cost of “Plant and machinery” and cost of cement for erection thereof, would constitute jointly capital goods, which are used for manufacture and sale

THE COMMISSIONER OF INCOME TAX vs. PRAVEEN V DODDANAVAR

Bench: SREENIVAS HARISH KUMAR,VINEET KOTHARI

7) of the KVAT Act, the recourse can also be made to Section 12 of the KVAT Act quoted above and the input tax in respect of the purchase of capital goods, including the cost of “Plant and machinery” and cost of cement for erection thereof, would constitute jointly capital goods, which are used for manufacture and sale

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

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

7) of the KVAT Act, the recourse can also be made to Section 12 of the KVAT Act quoted above and the input tax in respect of the purchase of capital goods, including the cost of “Plant and machinery” and cost of cement for erection thereof, would constitute jointly capital goods, which are used for manufacture and sale

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

Bench: S.SUJATHA,VINEET KOTHARI

Section 2(22)(e) of the Act was wholly uncalled for and thus the learned counsel for the Assessee urged that the present appeal of the Assessee deserves to be allowed and the substantial question of law deserves to be answered in favour of the Assessee. 41. On the other hand, the learned counsel for the Revenue, Mr. Aravind

PR COMMISSIONER OF INCOME TAX-5 vs. M/S PAGE INDUSTRIES LTD

In the result, the appeal fails and is hereby dismissed

Bench: ALOK ARADHE,R. NATARAJ

disallowance of Rs.74,08,964/- under the provisions of Section 80JJAA of the Act were proposed. The 5 assessee thereupon filed objections before the Dispute Resolution Panel contesting all the additions. The Dispute Resolution Panel, however rejected the objections preferred by the assessee. The assessee thereupon filed an appeal before the Income Tax Appellate Tribunal (hereinafter referred

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

The appeal stands dismissed

Bench: S.SUJATHA,J.M.KHAZI

disallowance under Section 14A has to be adopted while arriving at book profit. Learned counsel further submitted that the Miscellaneous - 6 - Petition filed under Section 254(2) of the Act has been dismissed by the Tribunal without application of mind and hence seeks to answer the substantial question of law in favour of the revenue and against the assessee

SRI N GOVINDARAJU vs. THE INCOME TAX OFFICER

Appeal stands disposed of

Bench: S.SUJATHA,VINEET SARAN

7 well as Sri K.V.Aravind, learned counsel for the department appearing in the connected appeals, and have also perused the record. The first two questions relate to the primary issue and are interconnected. They are thus being first considered together. Sri A.Shanker has submitted that the order under section 147 of the Act has to be in consonance with

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

disallowance of interest under Section 14A was warranted as regards the very same investments and the facts remained the same in the Assessment Year in question? (v) Whether the tribunal has acted in contravention of the provision of Section 7 254(2

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

Bench: ALOK ARADHE,ASHOK S.KINAGI

disallowance of interest under Section 14A was warranted as regards the very same investments and the facts remained the same in the Assessment Year in question? (v) Whether the tribunal has acted in contravention of the provision of Section 7 254(2

COFFEEDAY GLOBAL LTD. vs. ADDITIONAL COMMISSIONER OF INCOME TAX

In the result, the orders dated 21

Bench: ALOK ARADHE,ASHOK S.KINAGI

disallowance of interest under Section 14A was warranted as regards the very same investments and the facts remained the same in the Assessment Year in question? (v) Whether the tribunal has acted in contravention of the provision of Section 7 254(2

THE PR. COMMISSIONER OF INCOME TAX, CIT (A) vs. M/S. MANIPAL HEALTH SYSTEMS PVT. LTD.,

Appeal is dismissed

Bench: P.S.DINESH KUMAR,C.M. POONACHA

7 company through a colorable device termed as service agreement. The AO has clearly made no efforts to demonstrate as to why payment made is excessive and unreasonable having regard to the market value of the services for which such payment was made. Thus, the disallowance made under Section 40A(2

THE COMMISSIONER OF INCOME TAX vs. M/S QUEST GLOBAL ENGINEERING SERVICES PVT. LTD.,

In the result, we don to find any

Bench: ALOK ARADHE,R. NATARAJ

disallowance under Section 14A of the Act, the Commissioner of Income Tax (Appeals) upheld the order of the Assessing Officer. In the result, the appeal preferred by the assessee was partly allowed. The assessee as well as the revenue filed appeals before the Income Tax Appellate Tribunal against the order of Commissioner of Income Tax (Appeals). The Tribunal

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

Bench: CHIEF JUSTICE,C M JOSHI

7. The AO had denied the exemption under Section 10AA on the TP pricing adjustment made pursuant to the APA. The AO reasoned that the assessee had declared the TP adjustments in anticipation of such TP adjustments by the TPA and to avoid the rigour of Section 92C(4) of the Act. The AO further observed that the Assessee

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

In the result, the findings

Bench: ALOK ARADHE,R. NATARAJ

7 revenue. The tribunal by an order dated 19.01.2012 in the light of order passed by the special bench dismissed the appeal preferred by the assessee. In the aforesaid factual background, the assessee has filed this appeal. 5. Learned Senior counsel for the assessee submitted that the proceedings under Section 148 of the Act are bad in law inasmuch

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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

7 - Queens Road, Bangalore 2. The Deputy Commissioner of Income Tax Central Circle 1(3), C.R.Building Queens Road, Bangalore. ...APPELLANTS (By Sri E.R.Indrakumar, Senior Counsel for Sri K.V.Aravind, Adv.) AND : M/s Wipro Ltd., Doddakannelli, Sarjapur Road Bangalore. …RESPONDENT (By Sri Venkataraman, Senior Counsel for Dr.R.B.Krishna, Adv.) This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising

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

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

7 - Queens Road, Bangalore 2. The Deputy Commissioner of Income Tax Central Circle 1(3), C.R.Building Queens Road, Bangalore. ...APPELLANTS (By Sri E.R.Indrakumar, Senior Counsel for Sri K.V.Aravind, Adv.) AND : M/s Wipro Ltd., Doddakannelli, Sarjapur Road Bangalore. …RESPONDENT (By Sri Venkataraman, Senior Counsel for Dr.R.B.Krishna, Adv.) This I.T.A. is filed under Section 260-A of I.T.Act, 1961 arising

COMMISSIONER OF INCOME TAX-III vs. M/S MPHASIS SOFTWARE AND SERVICES

The appeals stand dismissed

Bench: ARAVIND KUMAR,VINEET SARAN

disallowance made by the Assessing Officer. The Tribunal dismissed the appeal of the Revenue and allowed the claim of the assessee and granted benefit under 4 Section 10A for the ‘on-site’ work carried out by the assessee through its sub-contractor i.e., AE. Aggrieved by the said order, these appeals have been filed, which have been admitted