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23 results for “disallowance”+ Section 271(1)(d)clear

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Key Topics

Section 26045Section 271(1)(c)16Section 14812Section 260A11Penalty10Section 10B8Disallowance7Revision u/s 2637Section 143(3)6Section 271

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

D G M E N T A batch of appeals where different facets of Section 271 of the Income Tax Act, 1961 are involved, were placed before us. Therefore, we heard all the learned counsel appearing in the batch of cases, considered all the arguments addressed and interpreted Section 271 in its different facets and have laid down

COMMISSIONER OF INCOME vs. SHRI MUNINAGA REDDY

ITA/5/2014HC Karnataka21 Sept 2016

Bench: ARAVIND KUMAR,JAYANT PATEL

Section 133A

Showing 1–20 of 23 · Page 1 of 2

6
Addition to Income6
Section 139(1)5
Section 260
Section 271
Section 271(1)
Section 271(1)(c)

disallowed in computing the assessee’s total income is deemed to represent the concealed income. It is for the assessee to furnish material to establish that the assessee has not concealed income or has not furnished inaccurate particulars of income. In the absence of any such evidence, the presumption of concealment of income or furnishing of inaccurate particulars of income

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)Section 260ASection 37(1)Section 92ASection 92C

d) one enterprise guarantees not less than ten per cent of the total borrowings of the other enterprise; or 45 (e) more than half of the board of directors or members of the governing board, or one or more executive directors or executive members of the governing board of one enterprise, are appointed by the other enterprise; or (f) more

SHRI. MUNINAGA REDDY vs. THE ASST. COMMISSIONER OF INCOME -TAX CIRCLE 6 (1)

Appeals are allowed to the aforesaid extent

ITA/251/2016HC Karnataka21 Sept 2016

Bench: ARAVIND KUMAR,JAYANT PATEL

Section 260Section 271Section 271(1)(c)

disallowed in computing the assessee’s total income is deemed to represent the concealed income. It is for the assessee to furnish material to establish that the assessee has not concealed income or has not furnished inaccurate particulars of income. In the absence of any such evidence, the presumption of concealment of income or furnishing of inaccurate particulars of income

PR. COMMISSIONER OF INCOME TAX vs. SMT. G. LAKSHMI ARUNA

ITA/705/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 153CSection 153DSection 260A

D. The prayer sought for in this appeal is to set aside the said order by allowing the appeal and confirming the order of the Appellate Commissioner and thereby confirming the order passed by the Deputy Commissioner of Income Tax, Central Circle – 1(3), Bengaluru and with a further prayer seeking to set-aside the order passed by the Income

PR. COMMISSIONER OF INCOME TAX vs. SHRI. GALI JANARDHANA REDDY

ITA/704/2018HC Karnataka31 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 132Section 143(3)Section 144Section 148Section 153CSection 153DSection 260A

D. The prayer sought for in this appeal is to set aside the said order by allowing the appeal and confirming the order of the Appellate Commissioner and thereby confirming the order passed by the Deputy Commissioner of Income Tax, Central Circle – 1(3), Bengaluru and with a further prayer seeking to set-aside the order passed by the 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)

1. The Commissioner of Income Tax C.R. Building Queens Road Bangalore 2. The Deputy Commissioner of Income Tax Central Circle – 2(3) C.R. Building Queens Road Bangalore …Appellants (By Sri K.V. Aravind & Sri B. Pramod, Advocates) AND: M/s. MWP Ltd., (since amalgamated with United Breweries Holdings Ltd., 2 UP Anchorage, 5th Floor 100/1, Richmond Road Bangalore …Respondent (By Sri D.L.N

THE PRINCIPAL COMMISSIONER vs. M/S OBULAPURAM MINING

ITA/100091/2016HC Karnataka17 Mar 2023

Bench: K.SOMASHEKAR,UMESH M ADIGA

Section 131Section 143(3)Section 260ASection 37

D G M E N T 1.This appeal is filed by the appellants/revenue seeking to set aside the order passed by the Income Tax Appellate Tribunal, ‘C’ Bench, Bengaluru (for short “ITAT”) in ITA No.653 (Bang) 2015, dated 29.07.2016; to confirm the order passed by the Deputy Commissioner of Income Tax, Central Circle 1(3), Bengaluru (for short “DCIT

RNS INFRASTRUCTURE LIMITED vs. INCOME TAX SETTLEMENT COMMISSIONER

In the result, writ petitions are allowed

WP/46275/2016HC Karnataka07 Dec 2016

Bench: The Hon’Ble Mr. Justice L. Narayana Swamy Writ Petition Nos.46275-46289 Of 2016 (T-It)

Section 132Section 139Section 153ASection 156Section 245Section 245DSection 245D(4)Section 271(1)(C)

D(1) of the 5 Act so as to proceed with it. After considering the report of the respondent No.2, respondent No.1 passed an order under Section 245D(2C) of the Act on 3rd April 2014 holding that the application of the petitioner is not invalid. 5. Aggrieved by the said order, respondent No.2 filed writ petition No.44007

THE COMMISSIONER OF INCOME TAX vs. THE SANDUR MANGANESE and IRON ORES LTD

ITA/932/2006HC Karnataka31 Jul 2013

Bench: N.KUMAR,H.S.KEMPANNA

Section 1ASection 260Section 271(1)Section 271(1)(c)Section 4A

d : The Sandur Manganese & Iron Ores Ltd., Laxmipur, Sandur – 583 119. - Respondent (By Sri S. Parthasarathi, P. Dinesh and K. Mallanarao, Advocates This appeal is filed under Section 260-A of I.T. Act, 1961, praying to set aside the order dated 23.12.2005 passed in ITA No.44/Bang/2000 and etc. This appeal coming for final hearing on this day, N.Kumar J, delivered

SRI B GAJENDRA KUMAR vs. THE INCOME TAX OFFICER

Appeals are dismissed

ITA/151/2013HC Karnataka02 Dec 2013

Bench: N.KUMAR,RATHNAKALA

Section 133Section 148Section 260Section 271Section 271(1)(c)Section 274

D. VASUDEVA ACHARYA, PROP: M/S. SRI DURGA CREDITS & INVESTMENTS, “VASUDEVA” MAIN ROAD, HALEYANGADY – 574 146. ... APPELLANT. (common in all Appeals) (BY SRI S. PARTHASARATHI, SRI P.DINESH MALLAHARAOK & MRS. SHEETAL BORKAR, ADVS.) AND: THE INCOME-TAX OFFICER, WARD-1(1), C.R. BUILDING, ATTAVAR, M.G.ROAD, MANGALORE – 575 001. ...RESPONDENT. (common in all Appeals) (BY SRI K.V. ARAVIND, ADV.) - 2 - THESE APPEALS

THE COMMISSIONER OF INCOME TAX vs. M/S.REMA CONSTRUCTIONS,

ITA/917/2006HC Karnataka18 Jul 2012

Bench: B.MANOHAR,K.SREEDHAR RAO

Section 115WSection 142Section 143Section 271(1)(c)

disallowance of the said items by the Assessing Officer was not proper. The Assessing Officer should have initiated penalty proceedings under Section – 271(1)(c) for deliberately 3 furnishing inaccurate particulars and thus directed the Assessing Authority to initiate penalty proceedings. 3. Aggrieved by the said order, the assessee filed an appeal before the Tribunal. The Tribunal allowed the appeal

PR. COMMISSIONER OF INCOME TAX-4 vs. M/S MINITECHS

ITA/714/2015HC Karnataka01 Apr 2016

Bench: B.V.NAGARATHNA,JAYANT PATEL

Section 133ASection 143(1)Section 260

D G M E N T The appellant-revenue has preferred the present appeal raising following substantial questions of law:- “Whether on the facts and in the circumstances of the case, the Tribunal is justified in holding that the explanation offered by the assessee for not offering the capital gain in the original return on income was bonafide explain, when

M/S GRANITE MART LIMITED vs. THE INCOME-TAX OFFICER

In the result the order passed by the

ITA/28/2011HC Karnataka19 Mar 2020

Bench: ALOK ARADHE,M.NAGAPRASANNA

Section 260Section 260A

D, KIADB INDUSTRIAL AREA HOSKOTE, BANGALORE. ... APPELLANT (BY MR. A. SHANKAR, SENIOR COUNSEL A/W MS. M. LAVA, ADV.,) AND: THE INCOME-TAX OFFICER WARD-11(2), R.P. BHAVAN NRUPATHUNGA ROAD OPP. TO RBI, BANGALORE-560001. ... RESPONDENT (BY SRI. K.V. ARAVIND, ADV.) - - - THIS ITA IS FILED UNDER SECTION 260-A OF I.T. ACT, 1961, ARISING OUT OF ORDER DATED

COMMISSIONER OF INCOME TAX vs. M/S.WINTAC LTD.,

The appeal is allowed in part

ITA/910/2006HC Karnataka19 Sept 2013

Bench: B.MANOHAR,DILIP B.BHOSALE

Section 115JSection 143(2)Section 260ASection 271(1)(c)

D Unit, Nelamangala Unit- formulation. 3. The assessee filed return of income on 31-10-2001 declaring a total loss of Rs.3,68,30,330/-. But determined the tax payable under Section 115JB at Rs.38,26,607/-. 4. The case was selected for scrutiny and notice under Section 143(2) was issued on 25-10-2002. The authorized representative

M/S METRIX PRECISION COMPONENTS PVT. LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

In the result, the appeal is allowed

ITA/384/2014HC Karnataka23 Sept 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 10BSection 10B(3)Section 260Section 260A

271 and the principles laid down by the Co-ordinate Bench rendered in the case of M/s Granite Mart P Ltd.,?.” 2. Facts leading to filing of the appeal briefly stated are that the assessee is a company engaged in the business, manufacture and exports of automotive components. The assessee filed the return of income for the Assessment Year

COMMISSIONER OF INCOME TAX vs. S.MADHAVA, M/S BELLARY STEEL ROLING MILLS,

The appeals are allowed

ITA/5035/2009HC Karnataka13 Aug 2012

Bench: N.KUMAR,H.S.KEMPANNA

Section 139(1)Section 148Section 153Section 260

1) of the Act, he declined to permit the assessee to carry forward the long-term capital loss of Rs.1,24,03,271/-. Consequently, he also set aside the order passed by the Assessing Authority insofar as the interest is concerned. Aggrieved by this order, the Revenue preferred an appeal before the Tribunal. The Tribunal held that the Commissioner

COMMISSIONER OF INCOME TAX vs. S.MADHAVA (HUF)

The appeals are allowed

ITA/5038/2009HC Karnataka13 Aug 2012

Bench: N.KUMAR,H.S.KEMPANNA

Section 139(1)Section 148Section 153Section 260

1) of the Act, he declined to permit the assessee to carry forward the long-term capital loss of Rs.1,24,03,271/-. Consequently, he also set aside the order passed by the Assessing Authority insofar as the interest is concerned. Aggrieved by this order, the Revenue preferred an appeal before the Tribunal. The Tribunal held that the Commissioner

COMMISSIONER OF INCOME TAX vs. S.MADHAVA (HUF)

The appeals are allowed

ITA/5036/2009HC Karnataka13 Aug 2012

Bench: N.KUMAR,H.S.KEMPANNA

Section 139(1)Section 148Section 153Section 260

1) of the Act, he declined to permit the assessee to carry forward the long-term capital loss of Rs.1,24,03,271/-. Consequently, he also set aside the order passed by the Assessing Authority insofar as the interest is concerned. Aggrieved by this order, the Revenue preferred an appeal before the Tribunal. The Tribunal held that the Commissioner

COMMISSIONER OF INCOME TAX vs. S.MADHAVA, M/S BELLARY STEEL ROLING MILLS,

The appeals are allowed

ITA/5034/2009HC Karnataka13 Aug 2012

Bench: N.KUMAR,H.S.KEMPANNA

Section 139(1)Section 148Section 153Section 260

1) of the Act, he declined to permit the assessee to carry forward the long-term capital loss of Rs.1,24,03,271/-. Consequently, he also set aside the order passed by the Assessing Authority insofar as the interest is concerned. Aggrieved by this order, the Revenue preferred an appeal before the Tribunal. The Tribunal held that the Commissioner