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18 results for “disallowance”+ Section 250(4)clear

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Key Topics

Section 26028Section 260A13Section 10B11Section 80I8Section 1487Section 80H7Disallowance7Section 143(3)6Section 2636Addition to Income

THE COMMISSIONER OF INCOME TAX vs. M/S. ASTRA ZENECA PHARMA

In the result, the order passed by the

ITA/370/2011HC Karnataka12 Jun 2020

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 143Section 143(2)Section 153Section 153(3)Section 154Section 260Section 260ASection 80I

4. After remand, the assessing officer passed an order on 15.12.2009. The assessing officer disallowed 100% depreciation on pollution control equipments amounting to Rs.4,93,00,000/-. The assessing officer also taxed the notional income on the amount of loan advanced to Madhya Pradesh State Electricity Board. The said order was subject matter of challenge before the Commissioner of Income

6
Depreciation6
Deduction5

THE COMMISSIONER OF INCOME-TAX, vs. M/S CORPORATION BANK

In the result, the third substantial question of law is also answered

ITA/427/2015HC Karnataka23 Nov 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 143(1)Section 14A(1)Section 194HSection 260Section 260ASection 36(1)Section 36(1)(vii)Section 40a

250/- was declared. The revised return was processed under Section 143(1) of the Act o 15.06.2012 and a refund of 4 Rs.133,39,33,970/- was granted. Subsequently, the assessee filed a second revised return on 11.01.2013 in which income of Rs.1367,59,11,162/- was admitted. The Assessing Officer vide order dated 19.02.2013 made an addition on account

PR COMMISSIONER OF INCOME TAX-5 vs. M/S NOVELL SOFTWARE DEVELOPMENT (INDIA) PVT.LTD.

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

ITA/271/2017HC Karnataka16 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 14ASection 260Section 260ASection 40Section 9

4. Learned counsel for the revenue fairly submitted that the first substantial question of law does not arise for consideration in this appeal. However, with regard to the third substantial question of law, it is submitted that the Tribunal has not considered whether the depreciation policies of the assessee are similar to that of comparables and has not given independent

COMMISSIONER OF INCOME TAX vs. SHRI D M PURNESH

ITA/346/2010HC Karnataka17 Feb 2020

Bench: ALOK ARADHE,RAVI V HOSMANI

Section 2(14)Section 260Section 64(1)(IV)

disallowing the assessment made by the Assessing Authority to tax amount of Rs.1,12,745/- under the head “Income of other sources”. Even when the Assessing Authority rightly observed that the assessee had not furnished any proof with regard to foreign tour undertaken by the assessee during the year except that the amount was spent by M/s Classic Coffee

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

4. The assessee thereupon filed an appeal before the Commissioner of Income Tax (Appeals) on the issue with regard to set off, of brought forward business loss and validity of the notice under Section 6 148 of the Act. The Commissioner of Income Tax (Appeals) by an order dated 12.03.2008 dismissed the appeal preferred by the assessee. The assessee thereupon

BIOCON LIMITED vs. THE DEPUTY

In the result, the impugned order dated 30

ITA/416/2014HC Karnataka12 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 10ASection 10BSection 14ASection 260Section 35

4) on commercial profits and therefore, reducing profits on a notional basis, attributing some profits to the expenses eligible for weighted reduction under Section 35(2AB), amounts to tinkering with the formula. It is also urged that the Tribunal grossly erred in relying on Section 14A of the Act to uphold the disallowance. It is further submitted that Section

COMMISSIONER OF INCOME TAX-III vs. M/S. ONMOBILE GLOBAL LTD

In the result, the matter is remitted to the Tribunal to

ITA/340/2014HC Karnataka18 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 10ASection 143(1)Section 143(3)Section 260Section 35DSection 80J

4. Learned counsel for the revenue submitted that the Assessing Officer had disallowed the portion of stamp duty relating to issue of fresh share capital through IPO amounting to Rs.6,87,770/- as the same was capital in nature and was not a revenue expenditure. It is further submitted that the Commissioner of Income Tax (Appeals) had accepted the aforesaid

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

250/-. The assessee during the course of survey declared Rs.17,03,731/- as income representing cessation of liabilities towards creditors. In the 10 course of the assessment proceedings, the assessee was asked to file confirmation letter in respect of the creditor M/s. Sri.Gururaghavendra Cotton Ginning Factory, Bellary against whom Rs.1,00,000/- credit balance was outstanding. The assessee was requested

M/S SUTURES INDIA PVT LTD vs. THE COMMISSIONER OF INCOME TAX

In the result the substantial questions of law are

ITA/115/2010HC Karnataka13 Jan 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 143(1)Section 143(3)Section 260Section 260ASection 263Section 80HSection 80I

4 scrutiny. The assessment was completed under Section 143(3)of the Act by the Assessing Officer by order dated 14.06.2005 and disallowances to the tune of Rs.17,96,250

THE PR COMMISSIONER OF INCOME TAX vs. SHRI H NAGARAJA

ITA/605/2017HC Karnataka29 May 2018

Bench: S SUNIL DUTT YADAV,B.S PATIL

Section 153ASection 260ASection 263Section 271(1)(c)

disallowed the expenses claimed by the assessee under the heads, ‘labour charges’, ‘expenses of commission’ and ‘work in progress’, with a direction to the Assessing Officer to enhance the total income in terms of the findings recorded by him. The 3 Assessing Officer had been further directed by the Commissioner to initiate penalty proceedings under Section

THE COMMISSIONER OF INCOME-TAX vs. M/S ING VYSYA BANK LTD

The appeal is dismissed

ITA/221/2015HC Karnataka08 Jul 2022

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

Section 143(2)Section 250Section 260Section 263

Section 250 read with 254 of the IT Act, the CIT(Appeals) partly allowed the appeal. The assessee challenged the same in ITA No.1143/Bang/2010 for the A.Y.2004-05, before the ITAT and the same has been allowed in part by the impugned order. 4. Revenue has framed following questions in this appeal: 1 ' IT Act ' for short 2 Commissioner of Income

LANGDON & SEAH CONSULTING INDIA PRIVATE LIMITED

The appeal is dismissed

COP/221/2015HC Karnataka29 Jan 2016

Bench: VINEET KOTHARI

Section 143(2)Section 250Section 260Section 263

Section 250 read with 254 of the IT Act, the CIT(Appeals) partly allowed the appeal. The assessee challenged the same in ITA No.1143/Bang/2010 for the A.Y.2004-05, before the ITAT and the same has been allowed in part by the impugned order. 4. Revenue has framed following questions in this appeal: 1 ' IT Act ' for short 2 Commissioner of Income

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

ITA/332/2007HC Karnataka26 Nov 2013

Bench: N.KUMAR,RATHNAKALA

Section 143(3)Section 154Section 260ASection 271(1)(c)

4. The assessee preferred an appeal to the Commissioner of Income Tax (Appeals), which came to be dismissed. 5. It is against the said order, the assessee preferred an appeal to the Tribunal. The Tribunal on reconsideration of the entire material on record held that the assessee had filed the return of income declaring loss. Thereafter the claim for write

M/S THE KARNATAKA STATE CO-OPERATIVE APEX BANK vs. THE DEPUTY COMMISSIONER OF INCOME TAX

In the result, the appeal is disposed of

ITA/392/2016HC Karnataka06 Jul 2021

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

Section 143(1)Section 143(3)Section 147Section 148Section 260Section 260A

4. Learned Senior counsel for the assessee submitted that in the case of the assessee there is no original assessment for the same Assessment Year and the an intimation under Section 143(1) of the Act was issued to the assessee. The said intimation under Section 143(1) of the Act is not an order of assessment and therefore

THE COMMISSIONER OF INCOME TAX vs. M/S SHAMANUR KALLAPPA AND SONS

The appeal is dismissed

ITA/10/2009HC Karnataka12 Jan 2015

Bench: B.VEERAPPA,N.KUMAR

Section 260Section 80Section 80H

disallowed the said claim on the ground that the STC had declared loss. In other words, they had not earned any profit out of such exports. Secondly on the ground that deduction under Section 80HHC of the Act is permissible only when the realization is in foreign exchange. Aggrieved by the said order, the assessee preferred an appeal

THE PR. COMMISSIONER OF INCOME TAX (4) vs. M/S CHAMUNDI WINERY AND DISTILLERY

ITA/172/2017HC Karnataka25 Sept 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

4 CIT Vs. Pompie Tile Works 175 ITR 1 (Kar) 17-19A 5 CTI Vs. Dharma Productions (P) Ltd 153 ITR 105 (Bom) 20-27 6 Raja Bejoy Singh Dudhuria Vs. CIT 1 ITR 135 (Privy Council) 28-31 9 CIT Vs. Nagarbail Salt-Owners Co-Op Society Ltd 291 CTR 287 (Kar) 48-53 22 DCIT

PR. COMMISSIONER OF INCOME TAX vs. M/S CHAMUNDI WINERY AND DISTILLERY

ITA/467/2015HC Karnataka25 Sept 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260

4 CIT Vs. Pompie Tile Works 175 ITR 1 (Kar) 17-19A 5 CTI Vs. Dharma Productions (P) Ltd 153 ITR 105 (Bom) 20-27 6 Raja Bejoy Singh Dudhuria Vs. CIT 1 ITR 135 (Privy Council) 28-31 9 CIT Vs. Nagarbail Salt-Owners Co-Op Society Ltd 291 CTR 287 (Kar) 48-53 22 DCIT

THE PR COMMISSIONER OF INCOME-TAX vs. M/S BHARAT INFRA TECH (P) LTD.,

The appeals are dismissed

ITA/450/2018HC Karnataka09 Sept 2022

Bench: N S SANJAY GOWDA,S SUNIL DUTT YADAV

Section 234ASection 260ASection 40A

SECTION 260A OF THE INCOME TAX ACT, 1961, PRAYING TO: (I) FORMULATE THE SUBSTANTIAL QUESTIONS OF LAW STATED ABOVE; (II) ALLOW THE APPEAL AND SET ASIDE THE ORDERS PASSED BY THE INCOME-TAX APPELLATE TRIBUNAL, BENGALURU IN I.T.A. NO.1442/BANG/2014 DATED 19.01.2018 VIDE ANNEXURE-C CONFIRMING THE ORDER OF THE APPELLATE COMMISSIONER AND CONFIRM THE ORDER PASSED BY THE DEPUTY COMMISSIONER